Bid Documents Department of Utility Services 350

BID DOCUMENTS

DEPARTMENT OF UTILITY SERVICES

Contract Documents and Special Provisions For

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

FUNDED BY Department of Utility Services

PRISCILLA HOWELL

DIRECTOR DEPARTMENT OF UTILITY SERVICES 240 Water Street MS 124 PO BOX 95050 Henderson, Nevada 89009-5050

CITY COUNCIL

Debra March, Mayor Gerri Schroder, Dan Shaw, John F. Marz, Dan H. Stewart

Richard A. Derrick, City Manager/CEO

OCTOBER 2018

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INVITATION TO BID

LEGAL NOTICE

Sealed bids, subject to the conditions contained in the Contract Documents, will be received at the office of the Henderson City Clerk, 240 Water Street, Henderson, Nevada, 89015, up to the Bid Opening hour and date stipulated below, at which time the bids will be publicly opened by the City Clerk. The name and address of the Bidder with Contract Title and Contract Number must appear on the outside of the sealed envelope. The official time for the purpose of bid submittal, shall be determined as the time indicated on the Time-Date recorder located in the City Clerks' Office. 350 BASIC ROAD SEWER RELOCATION CONTRACT NO. 2018-00-1421 PWP-CL-2018-124

BID OPENING: November 14, 2018 @ 2:00 PM (PST)

ALL SPECIFICATIONS AND PLANS ARE AVAILABLE TO BE DOWNLOADED AT NO COST ONLY AT www.NGEMNV.com

All submitted bids must conform to specifications which may be secured from Internet provider www.NGEMNV.com prior to the date and time set for the bid opening.

Additional details of this project can be obtained from www.NGEMNV.com including, addendums, pre-bid meeting information, intent to award and award information. For questions or information that you cannot locate on NGEM, please contact the Engineer listed below.

LOCATION AND DESCRIPTION OF WORK:

The Project is located within commercial parcel on the northeast corner of Boulder Highway and Basic Road in Henderson Nevada. The work consists of installation of approximately 350 linear feet of SDR-35 PVC sanitary sewer, sanitary sewer manholes, sanitary sewer latera extension, island curb removal and replacement, traffic control, asphalt paving, notifying tenants and other improvement items as shown on the drawings and specified in the bid documents and bid schedule.

Contact: Ali Zenhari, P.E. 702-267-2572

Construction Cost Estimate: $255,000

An abstract of the amounts of the Base Bids and major alternatives (if any) will be made available to Bidders, upon written request, within two (2) working days after the opening of Bids.

Bids must be submitted on the forms furnished by the City and accompanied by a bid bond, certified check, cashiers check or money order in the amount of five percent (5%) of the total

amount of the bid, made payable to the City of Henderson. A surety bond in lieu of the certified check will be acceptable.

A Faithful Performance Bond in the amount of not less than one hundred percent (100%) of the Contract price and a Guaranty Bond in the amount of not less than one hundred percent (100%) of the Contract price. Guaranty shall be for one (1) year from the date of completion.

The Project shall be completed within 45 calendar days from the issuance of Notice to Proceed, such time includes resolution of all punch list items, final cleanup, and demobilization.

The City reserves the right to reject any or all bids. Award of the contract will be based on: whether the bidder is the lowest responsive and responsible bid judged on the basis of price; whether the quality of the services, materials, equipment or labor offered conforms to the approved plans or specifications, and the best interest of the public;

A NON-MANDATORY Pre-bid Conference will be held in the River Mountain Conference Room 2nd Floor City Hall, 240 Water Street, Henderson, Nevada at 10:00 AM (PST) on October 30, 2018.

BY ORDER OF THE CITY COUNCIL, HENDERSON, NEVADA

Published in the Las Vegas Review Journal

10/23/18 10/30/18 11/06/18

TABLE OF CONTENTS

350 BASIC ROAD SEWER RELOCATION

GENERAL CONDITIONS (VOLUME I) PREPARER’S INITIALS

Bid Forms ...... (ARZ) Contract Forms ...... (ARZ) Section 100 – General ...... (ARZ) Section 101 - Definitions and Terms ...... (ARZ) Section 102 - Bidding Requirements and Conditions ...... (ARZ) Section 103 - Award and Execution of Contract ...... (ARZ) Section 104 - Scope of Work ...... (ARZ) Section 105 - Control of Work ...... (ARZ) Section 106 - Control of Materials ...... (ARZ) Section 107 - Legal Rel. and Resp. to the Public ...... (ARZ) Section 108 - Prosecution and Progress ...... (ARZ) Section 109 - Measurement and Payment ...... (ARZ) Section 110 - Wages, Hours, and Conditions of Employment ...... (ARZ) Prevailing Wage Rates

TECHNICAL SPECIFICATION PREPARER’S INITIALS

Section 200 - Mobilization ...... (TSM) Section 208 - Trench Excavation and Backfill…………………………………………………. (TSM) Section 212 - Landscaping…………………………………………………...... (TSM)

Section 302 - Aggregate Base Courses ...... (TSM)

Section 401 - Plantmix Bituminous Pavement – General ...... (TSM) Section 402 - Plantmix Bituminous Surface ...... (TSM) Section 405 - Tack Coat ...... (TSM) Section 406 - Prime Coat ...... (TSM)

Section 626 – Final Clean UP ...... (TSM) Section 630 – Sanitary Sewer/By-Pass Pumping ...... (TSM) Section 637 – Pollution Control………………………………………………………………… (TSM)

END OF DOCUMENT

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 TABLE OF CONTENTS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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BID FORMS

TABLE OF CONTENTS

BID PROPOSAL ...... 2

CERTIFICATE OF ELIGIBILITY TO RECEIVE PREFERENCE IN BIDDING (Attachment Sheet) ...... 5

AFFIDAVIT TO RECEIVE PREFERENCE ...... 7

BID SCHEDULE(S) ...... 8

BID & BIDDER INFORMATION/SIGNATURE FORM...... 10

BID BOND ...... 1 1

BIDDER'S LIST OF 5% FIRST TIER SUBCONTRACTORS ...... 12

NRS 338.141 (1) (b) (1-2) SUBCONTRACTOR LISTING ...... 14

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124 Contractor: Contact Person: Email: Address: City, State, Zip: Telephone No. Fax No.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BID FORMS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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BID PROPOSAL

TO THE MAYOR AND CITY COUNCIL CITY OF HENDERSON CLARK COUNTY, NEVADA

PROJECT IDENTIFICATION:

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

The undersigned certifies that:

1. Bidder has examined and become familiar with the most current editions of the "Uniform Standard Specifications for Public Works Construction, Off-site Improvements, Clark County Area, Nevada," the "Uniform Standard Drawings, Clark County Area," and the "Uniform Building Code," as adopted by the City of Henderson.

2. Bidder has examined and become familiar with the Official Notice to Contractors, Contract Documents and items of work attached hereto, and made a part hereof, which states the location and description of the contemplated construction, the place, the date and time of opening of proposals, the approximate quantities of the various items of work to be performed and materials to be furnished for which unit prices are asked and contain all special provisions, requirements or additions which are not contained in the "Uniform Standard Specifications" cited above.

3. By initialing below, the Bidder affirms their familiarity with the terms, requirements or conditions of each item and that all associated costs with said item are included in the bid price. Initialization of the line below by the Authorized Signing Officer shall be deemed prima facie evidence that the Bidder has thoroughly reviewed the Contract documents and has taken all necessary steps to become satisfied with the nature of the work, and the contract amount is fair and reasonable compensation for all conditions thereto. Failure of the Authorized Signing Officer to initial each and every item shall be grounds for deeming the bid non-responsive.

____ Identification of all necessary materials

____ Bidder has performed take-offs for all material quantities associated with performance of the work.

____ All materials or articles designated to be furnished by the City of Henderson are of sufficient quantity and/or quality for use in the work.

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____ Subsurface geology, and nature or quantity of surface and subsurface materials to be encountered.

____ Testing requirements

____ Project can be completed within the specified time limits.

____ All work items in the plans and specifications are included in a pay/line item in the bid form.

____ Conditions affecting transportation, access, disposal, handling and storage of materials.

____ Bidder is familiar with the working hours of the City of Henderson personnel.

____ Availability and quality of labor, water and electric power.

____ Availability and condition of roads and access to project.

____ All traffic control requirements and necessary resources.

____ Location of underground utilities, obstructions, obstacles or other materials, physical conditions at the work sites, and the project area as a whole.

____ Equipment and facilities needed preliminary to and during performance of the Contract.

____ The Bidder has visited the Site and become familiar and satisfied with the general, local, site and labor and working conditions that may affect cost, progress, performance and furnishing of the Work.

____ The Bidder has researched and become familiar with all current and upcoming construction projects within or adjacent to the project and has included all costs associated with the successful coordination of its operations with other contractors in the bid price.

____ The lands upon which the work is to be performed, rights-of-way and easements for access thereto, and all other lands designated for use by the Contractor are sufficient to perform the work identified in the Contract Documents.

4. Bidder acknowledges receipt of the following addenda:

Addendum #: Date Received: Addendum #: Date Received: Addendum #: Date Received: Addendum #: Date Received: Addendum #: Date Received: Addendum #: Date Received:

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Bidder is solely responsible for the acquisition of all addenda for this project. Bidder assumes all liability for failure to incorporate all information contained in the addenda in the bid price.

Failure to acknowledge the receipt of all addenda will render the bid non-responsive. It is the General Contractor’s responsibility to ensure that all listed Subcontractors received all addenda prior to bid.

5. The Bidder has provided the City of Henderson with written notice of all conflicts, errors, ambiguities, or discrepancies that the bidder has discovered in the Contract Documents and the written resolutions by the City are acceptable to the bidder. The Contract Documents are deemed sufficient to indicate and convey an understanding of all terms and conditions for performing and furnishing the work for which this bid is submitted.

6. The Bidder affirms that the Bidder and all Subcontractors have utilized a full set of bidding documents in the preparation of this bid.

7. Bidder represents that it is financially solvent, able to pay its debts as they mature, possessed of sufficient working capital to complete this agreement, able to furnish the plant, tools, materials, supplies, equipment and labor, is experienced in and competent to perform the work contemplated by this agreement, is qualified to do the work herein and is properly licensed and authorized to do business in the State of Nevada.

8. Bidder is familiar, has become satisfied with, and agrees to comply with Federal, State, and local laws & regulations, and acquire all permits and licenses, that may affect cost, progress, performance and furnishing of work. Bidder is familiar and satisfied with the State of Nevada Contractor licensing requirements and limits, including NRS 624.700 (licensing) and NRS 338.1475 (licensing limits) for the scope of work for which bidder is submitting a bid price.

9. Bidder affirms that this proposal is genuine and is not sham or collusive or made in the interest of, or in behalf of, any person not herein named nor has the Bidder in any manner sought to secure an advantage over any other bidder.

10. The Bidder proposes and agrees to construct all work for which a Contract may be awarded, and to furnish any and all labor, equipment, materials, transportation and other facilities required for the complete construction and as set forth in the plans and Contract documents.

11. Bidder proposes and agrees to accept as full compensation for the work to be performed, the price written (in ink and in both words and figures) on the bid schedule included in this document.

12. Bidder agrees that no verbal agreement or conversation with an officer, agent or employee of the City of Henderson, either before or after the execution of the contract, shall affect or modify any of the terms or obligations of this bid.

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BID FORMS - 4

13. Bidder has not knowingly submitted false information as part of or with this bid. Any information found to be false shall render the bid non-responsive.

14. Bidder affirms that they are in compliance with the nondiscrimination provisions of the Americans with Disabilities Act.

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INCLUDE BEHIND THIS SHEET

CERTIFICATE OF NRS 338.147 ELIGIBILITY TO RECEIVE A PREFERENCE IN BIDDING ON PUBLIC WORKS AS ISSUED BY THE STATE CONTRACTORS’ BOARD

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AFFIDAVIT

I, ______, on behalf of the CONTRACTOR, ______, swear and affirm that in order to be in compliance with NRS 338.0117, and be eligible to receive a preference in bidding on Project No. 2018-00-1421 Project Name 350 BASIC ROAD SEWER RELOCATION certify that the following requirement will be adhered to, documented and attained on completion of the contract. Upon submission of this affidavit on behalf of ______, I recognize and accept that failure to comply with any requirements is a material breach of the contract and entitles the CITY to liquidated damages in the amount of 1 percent of the cost of the contract. In addition the CONTRACTOR may lose its certification for a preference in bidding for 5 years and/or its ability to bid on any contracts for public works for one year pursuant to NRS 338.0117: (a) At least 50 percent of all workers employed on the public work, including, without limitation, any employees of the CONTRACTOR, applicant or design-build team and of any Subcontractor engaged on the public work, will hold a valid driver’s license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

(b) All vehicles used primarily for the public work will be:

(1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or (2) Registered in this State;

(c) At least 50 percent of the design professionals working on the public work, including, without limitation, any employees of the CONTRACTOR, applicant or design-build team and of any Subcontractor engaged on the public work, will have a valid driver’s license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

(d) The CONTRACTOR, applicant or design-build team and any Subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

By:______Title:______

Signature:______Date:______

Signed and sworn to (or affirmed) before me on this ______day of ______, 20______, by ______(name of person making statements).

State of ______) )ss County of ______)

______STAMP AND SEAL Notary Signature

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350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

BID SCHEDULE I

Bid Description Quantity Unit Total Item 107.01 Traffic Control 1 LS 109.01 Construction Conflicts and Contingencies 1 LS 200.01 Mobilization 1 LS 200.02 Project Signs 2 EA 630.03 Install 8-inch PVC SDR-35 Sewer Line 325 LF 630.03 Install 6-inch PVC SDR-35 Sewer Line 25 LF 630.05 Install 48 - inch Sewer Manhole 2 EA 630.07 Connect to existing Sewer Manhole 2 EA 630.16 Sewer bypass pumping 1 LS 637.01 Pollution Control 1 LS

Total Bid Amount *(must match “Total Bid Amount in Words” on following page) Legend: EA=Each LS = Lump Sum CY = Cubic Yards LF = Linear Feet SF = Square Feet

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350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124 BID & BIDDER INFORMATION/SIGNATURE FORM

TOTAL BID AMOUNT IN WORDS *

THIS AMOUNT MUST MATCH THE “TOTAL BID AMOUNT” AT THE END OF BID SCHEDULE I.

______DOLLARS & ______CENTS

NOTE: The lowest responsible proposal for each schedule or combination thereof shall be determined in part by the unit prices contained therein. The unit prices must be written legibly or typed. If unit prices cannot be read, it may result in the bid being deemed non-responsive. In the case of a mathematical error in the bid schedule, the sum of the individual unit prices shall prevail. Contractor:______Address:______City, State, Zip:______Telephone No.______Fax No.______Printed Name of Representative:______Title:______Authorized Signature:______Date:______

Nevada State Contractor’s Board Information

License Class/ License Number: Monetary Limit: / Bonding Limit: Expiration Date:

Business Information

Eligibility for bid preference in accordance with the provisions of NRS 338.147 and NRS 338.0117 (Check one of the following):

Bidder is eligible Bidder is not eligible

City of Henderson Business License # (if applicable):

Status (Check one of the following):

Individual Partnership Corporation Joint Venture LLC

In which state is Partnership, Corporation, Joint Venture or LLC filed?:

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BID BOND

Date Executed

IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST BE LICENSED TO ISSUE SURETY BONDS BY THE STATE OF NEVADA INSURANCE DIVISION PURSUANT TO NRS 683A.090 AND BE ISSUED BY AN APPOINTED AGENT PURSUANT TO NRS CHAPTER 691B-SURETIES. NOTE: INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE.

Know all men by these presents, that______, as Contractor, and ______, as Surety, are held and firmly bound unto the City of Henderson, Nevada, hereinafter referred to as the City, in the sum of $______for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The Condition of this obligation is such, that whereas the Contractor has submitted to the City, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for Contract No. 2018-00-1421 entitled 350 BASIC ROAD SEWER RELOCATION

Now therefore, 1). If said Bid shall be rejected, or 2). If said Bid shall be accepted and the Contractor shall deliver an insurance certificate and bonds pursuant to the forms attached hereto properly completed in accordance with said Bid, and shall furnish a Bond for their faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect. It is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall in no way be impaired or affected by any extension of the time within which the City may accept such Bid, and said Surety does hereby waive notice of any such extension.

In witness whereof, the Contractor and the Surety have hereunto set their hands and the Surety has caused their seal to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth below.

Date of Signing: (S eal & Notarial Acknowledgment of Surety)

(Principal Contractor) (Surety Name)

(Authorized Representative and Title) (State of Nevada License Number)

(Signature) (Printed Name of Appointed Agent)

(Signature)

(Address)

(City, State, Zip Code)

(Telephone Number)

ISSUING COMPANY MUST HOLD CERTIFICATES OF AUTHORITY AS ACCEPTABLE SURETY ON FEDERAL BONDS AND AS ACCEPTABLE REINSURING COMPANY WITH LISTING IN THE DEPARTMENT OF TREASURY, FISCAL SERVICE, (DEPARTMENT OF CIRCULAR “570”, CURRENT REVISIONS).

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LIST OF BIDDER’S 5% FIRST TIER SUBCONTRACTORS 350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

Bid Opening Date: November 14, 2018 @ 2:00 PM (PST)

NAME OF PRIME CONTRACTOR: Optional: MBE WBE DVBE LICENSE NUMBER(S):

In accordance with NRS 338.141, Prime Contractor shall complete either Section 1 OR Section 2 below.

In accordance with NRS 338.141, Prime Contractor shall complete Section 3 below. SECTION 1. Acknowledgment that the Prime Contractor shall self-perform all work equal to or greater than 5 percent (5%) of the Prime Contractor’s total bid, other than that being performed by a first tier Subcontractor listed in Section 3 below.

Prime Contractor Initials: ______Note: If Prime Contractor initials here, do not complete Section 2

SECTION 2. A description of the labor or portion of the work that the Prime Contractor will self-perform in the box directly below.

DESCRIPTION OF LABOR OR PORTION OF THE WORK BEING SELF-PERFORMED BY PRIME CONTRACTOR

AND

SECTION 3. In accordance with NRS 338.141, Prime Contractor shall name each first tier subcontractor who will provide labor or a portion of the work to the Prime Contractor for which the first tier Subcontractor will be paid an amount exceeding 5 percent (5%) of the Prime Contractor’s total bid. Subcontractors who will be paid an amount less than or equal to five percent (5%) of the Base Bid need not be listed. Note: If additional space is needed, list the Subcontractors and sign the following page.

LICENSE NUMBER(S) DESCRIPTION OF LABOR OR PORTION OF WORK NAME OF SUBCONTRACTOR OF SUBCONTRACTOR BEING PERFORMED BY SUBCONTRACTOR

Optional: MBE WBE DVBE

SEE SECTION 3 CONTINUATION ON THE FOLLOWING PAGE:

AUTHORIZED BY: Signature Date

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LIST OF BIDDER’S 5% FIRST TIER SUBCONTRACTORS CONTINUED (SECTION 3 CONTINUATION)

SECTION 3. 5% SUBCONTRACTOR LIST (continued as necessary)

LICENSE NUMBER(S) DESCRIPTION OF LABOR OR PORTION OF WORK NAME OF SUBCONTRACTOR OF SUBCONTRACTOR BEING PERFORMED BY SUBCONTRACTOR

Optional: MBE WBE DVBE

AUTHORIZED BY: Signature Date

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Date/Time Received

For City Use Only-Area for Date/Time Stamp

NRS 338.141 (1) (b) (1-2) SUBCONTRACTOR LISTING

350 BASIC ROAD SEWER RELOCATION CONTRACT NO. 2018-00-1421; PWP-CL-2018-124

Bid Opening Date: November 14, 2018 @ 2:00 PM (PST)

NAME OF PRIME CONTRACTOR: Optional: MBE WBE DVBE LICENSE NUMBER(S)______In accordance with NRS 338.141, Prime Contractor shall complete either Section 1 OR Section 2 below.

In accordance with NRS 338.141, Prime Contractor shall complete Sections 3 and 4 below. SECTION 1. Acknowledgment that the Prime Contractor shall self-perform all work equal to or greater than 1 percent (1%) of the Prime Contractor’s total bid or $50,000, whichever is greater, other than that being performed by a first tier Subcontractor listed in Section 3 below.

Prime Contractor Initials: ______Note: If Prime Contractor initials here, do not complete Section 2

OR SECTION 2. A description of the labor or portion of the work that the Prime Contractor will self-perform in the box directly below.

DESCRIPTION OF LABOR OR PORTION OF THE WORK BEING SELF-PERFORMED BY PRIME CONTRACTOR

AND (COMPLETE SECTIONS 3 AND 4 ON THE FOLLOWING PAGES)

AUTHORIZED BY: Signature Date

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NRS 338.141 (1) (b) (1-2) SUBCONTRACTOR LISTING CONTINUED (SECTION 3)

SECTION 3. In accordance with NRS 338.141, Prime Contractor shall name each first tier Subcontractor who will provide labor or a portion of the work to the Prime Contractor for which the first tier Subcontractor will be paid an amount exceeding 1 percent (1%) of the Prime Contractor’s total bid or $50,000, whichever is greater. Subcontractors who will be paid an amount less than or equal to one percent (1%) of the Base Bid or $50,000, whichever is greater, need not be listed. Note: Attach additional sheets if necessary to list all Subcontractors.

DESCRIPTION OF LABOR OR PORTION OF LICENSE NUMBER(S) OF NAME OF SUBCONTRACTOR WORK BEING PERFORMED BY SUBCONTRACTOR SUBCONTRACTOR

Optional: MBE WBE DVBE

AUTHORIZED BY: Signature Date

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NRS 338.141 (1) (b) (1-2) SUBCONTRACTOR LISTING CONTINUED (SECTION 4)

SECTION 4. In accordance with NRS 338.141, Prime Contractor shall name each first tier Subcontractor who will provide labor or a portion of the work to the Prime Contractor for which the first tier Subcontractor will be paid an amount exceeding $250,000 of the Prime Contractor’s total:

This form must be completed for all Subcontracts exceeding $250,000 regardless if the firms are included on the 5% and 1% listings.

DESCRIPTION OF LABOR OR PORTION OF LICENSE NUMBER(S) OF NAME OF SUBCONTRACTOR WORK BEING PERFORMED BY SUBCONTRACTOR SUBCONTRACTOR

Optional: MBE WBE DVBE

AUTHORIZED BY: Signature Date

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350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

CONTRACT FORMS

TABLE OF CONTENTS

CONTRACT ...... 2

LABOR & MATERIAL PAYMENT BOND ...... 5

PERFORMANCE BOND ...... 6

GUARANTEE BOND ...... 7

INSURANCE INFORMATION (Attachment Sheet) ...... 8

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124 Contractor: Contact Person: Email: Address: City, State, Zip: Telephone No.: Fax No.:

Federal Tax ID#: Payment/Remittance address (if different from above):

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CONTRACT Forms - 1

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

THIS CONTRACT, contract no. 2018-00-1421 made and entered into this ______day of ______20XX, between the City of Henderson, Nevada, hereinafter referred to as the “CITY” and Name of Contractor, a State of Contractor Corporation, hereinafter referred to as the “CONTRACTOR.”

WITNESSETH: That the said CONTRACTOR, having been awarded Contract No. 2018-00-1421 entitled 350 BASIC ROAD SEWER RELOCATION; in the amount of $bid amount and;

In accordance with the proposal therefore, which is bound herewith and for and in consideration of the premises and of the covenants and agreements and payments herein specified to be made and performed by the City, does hereby covenant and agree to undertake and execute all of said named work in a good substantial workmanlike manner and to furnish all materials and all the tools and labor necessary to properly perform and complete the work ready for use in strict accordance with the Contract and under the penalty expressed in the attached bond, which are hereby declared and accepted as essential parts of this Contract and to accept as full compensation therefore either the unit prices or lump sum stated in the proposal attached hereto and made a part hereof. The “Effective Date” of this Contract is the date the City signs the signature page below.

The Contractor hereby certifies that he has read and understands the Contract which is comprised of the documents listed below (all of which are incorporated herein by reference): 1. Contract Forms. a. Contract cover and signature pages (CONTRACT FORMS - 1 through CONTRACT FORMS - 4) b. Labor and Material Payment Bond. c. Performance Bond. d. Guarantee Bond. 2. Bid Forms. a. Bid Proposal. b. Certification to Receive Preference in Bidding. c. Affidavit to Receive Preference. d. Bid Schedule. e. Bid and Bidder Information/Signature Form. f. Bid Bond. g. BIDDER'S LIST OF 5% FIRST TIER SUBCONTRACTORS h. NRS 338.141 (1) (b) (1-2) Subcontractor Listing. 3. General Conditions 4. Technical Specifications 5. Drawings. 6. Addenda. 7. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached here. a. Notice to Proceed. b. Change Orders.

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CONTRACT Forms - 2

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

The prices named in the proposal attached hereto are for the completed work and include the furnishing of all materials and all labor, tools, appliances and all expense directly or indirectly connected with the plans, contours and specifications for the work and of maintaining the same until it is accepted by the Henderson City Council or its authorized representative.

The CONTRACTOR shall commence the work to be performed under this Contract on the date specified in the official "Notice to Proceed". In case of failure on the part of the CONTRACTOR to complete the work within the time specified in the Contract or within such additional times as may be granted by written approval of the Director of Utility Services the CONTRACTOR shall pay to the CITY as liquidated damages the amounts specified in Section 108.09 “Failure to Complete the Work on Time” for each day of delay until such time as the work is completed. This sum shall not be construed as constituting a penalty, but shall be considered reimbursement, in part, to the CITY for the added costs of engineering and inspection and to compensate the CITY for its loss of the use of the completed work.

The Project shall be completed within 45 calendar days from the issuance of Notice to Proceed, such time includes resolution of all punch list items, final cleanup, and demobilization

The CONTRACTOR shall obtain the prior written consent of the City Council of the City of Henderson, County of Clark, State of Nevada, to any proposed assignment of any interest in or part of this Contract.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTRACT FORM 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

CONTRACT Forms - 3

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

IN WITNESS WHEREOF, the City of Henderson, County of Clark, State of Nevada, has made and executed this Contract and caused the seal of the said CITY to be affixed hereto, and the CONTRACTOR has hereunto set his hand and seal the Day and Year first above written.

CITY OF HENDERSON Date of Council Action: CLARK COUNTY, NEVADA ATTEST:

RICHARD A. DERRICK SABRINA MERCADANTE, MMC, (Date) City Manager/CEO City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO AMOUNT:

EDWARD MCGUIRE, P.E. JIM MCINTOSH Director of Public Works Finance Director

CONTRACTOR: APPROVED AS TO FORM:

______Company Name NICHOLAS G. VASKOV CAO City Attorney Review

______(Signature of representative)

(Signatory’s Name Printed)

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTRACT FORM 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

CONTRACT Forms - 4

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

LABOR & MATERIAL PAYMENT BOND Bond Number: Date Executed: IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST BE LICENSED TO ISSUE SURETY BY THE STATE OF NEVADA INSURANCE DIVISION PURSUANT TO NRS 683A.090 AND ISSUED BY AN APPOINTED AGENT PURSUANT TO NRS 683A.280. NOTE: INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE. Know all men by these presents, that ______. as Contractor, and ______, as Surety, are held and firmly bound unto the City of Henderson, Nevada, hereinafter referred to as the City, in the sum of $______for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The Condition of this obligation is such, that whereas the Contractor entered into a certain Contract with the City, to perform all Work required under Contract No. 2018-00-1421 entitled 350 BASIC ROAD SEWER RELOCATION

Now therefore, if said Contractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of Work contracted to be done, or for amounts due under applicable State Law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above and in the event suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. This bond shall insure to the benefit of any persons, companies or corporations entitled to file claims under applicable State Law.

Provided, that any modifications in the Work to be done or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such modifications or extensions of the Contract is hereby waived by said Surety.

Date of Signing:

(Seal and Notarial Acknowledgment of Surety) Countersigned resident agent in Nevada. Pursuant to Nevada Revised Statute 680A.300: (Principal Contractor) (Resident Agent)

(Authorized Representative and Title) (State of Nevada License Number) (Signature) (Appointed Agent Name)

(Surety Name) (Signature)

(State of Nevada License Number) (Address)

(Printed Name of Appointed Agent) (City, State, Zip Code)

(Signature) (Telephone Number)

(Address)

(City, State, Zip Code)

(Telephone Number) ISSUING COMPANY MUST HOLD CERTIFICATES OF AUTHORITY AS ACCEPTABLE SURETY ON FEDERAL BONDS AND AS ACCEPTABLE REINSURING COMPANY WITH LISTING IN THE DEPARTMENT OF TREASURY, FISCAL SERVICE, (DEPARTMENT OF TREASURY CIRCULAR “570”, CURRENT REVISIONS).

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTRACT FORM 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

CONTRACT Forms - 5

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

PERFORMANCE BOND

Bond Number: Date Executed:

IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST BE LICENSED TO ISSUE SURETY BY THE STATE OF NEVADA INSURANCE DIVISION PURSUANT TO NRS 683A.090 AND ISSUED BY AN APPOINTED AGENT PURSUANT TO NRS 683A.280. NOTE: INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE. Know all men by these presents, that ______. as Contractor, and ______, as Surety, are held and firmly bound unto the City of Henderson, Nevada, hereinafter referred to as the City, in the sum of $______for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The Condition of this obligation is such, that whereas the Contractor entered into a certain Contract with the City, to perform all Work required under Contract No. 2018-00-1421 entitled 350 BASIC ROAD SEWER RELOCATION Now therefore, if said Contractor, shall perform all the requirements of said contract required to be performed on their part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Provided, that any modifications in the Work to be done or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such modifications or extensions of the Contract is hereby waived by said Surety. Date of Signing:

(Seal and Notarial Acknowledgment of Surety) Countersigned resident agent in Nevada. Pursuant to Nevada Revised Statute 680A.300: (Principal Contractor) (Resident Agent)

(Authorized Representative and Title) (State of Nevada License Number)

(Signature) (Appointed Agent Name)

(Surety Name) (Signature)

(State of Nevada License Number) (Address)

(Printed Name of Appointed Agent) (City, State, Zip Code)

(Signature) (Telephone Number)

(Address)

(City, State, Zip Code)

(Telephone Number)

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTRACT FORM 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

CONTRACT Forms - 6

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

GUARANTEE BOND

Bond Number: Date Executed:

Guarantee for: (Name & Address of Prime Contractor) We hereby guarantee that Contract No. 2018-00-1421 entitled 350 BASIC ROAD SEWER RELOCATION Of which we have constructed, has been done in accordance with the plans and specifications and that the work constructed will fulfill the requirements of the guaranties included in the contract documents. We agree to repair or replace any or all of our work together with any other adjacent work which may be damaged in so doing, that may prove to be defective in workmanship or materials within a period of one year from the date of the Notice of Substantial Completion of the above named work by the City of Henderson, State of Nevada, without any expense whatsoever to the City of Henderson, with the exception of ordinary wear and unusual abuse or neglect.

In the event of our failure to comply with the above mentioned conditions within fourteen (14) calendar days after being notified in writing by the City of Henderson, we collectively or separately, do hereby authorize the City of Henderson to proceed to have said defects repaired and made good at our expense and we will honor and pay the costs and charges therefore upon demand. When correction work is started, it shall be carried through to completion. Notice of Substantial Completion Date:

(Seal and Notarial Acknowledgment of Surety) Countersigned resident agent in Nevada. Pursuant to Nevada Revised Statute 680A.300: (Principal Contractor) (Resident Agent)

(Authorized Representative and Title) (State of Nevada License Number)

(Signature) (Appointed Agent Name)

(Surety Name) (Signature)

(State of Nevada License Number) (Address)

(Printed Name of Appointed Agent) (City, State, Zip Code)

(Signature) (Telephone Number)

(Address)

(City, State, Zip Code)

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTRACT FORM 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

CONTRACT Forms - 7

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

INCLUDE BEHIND THIS SHEET

INSURANCE INFORMATION

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTRACT FORM 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

CONTRACT Forms - 8

SECTION 100

GENERAL

100.01 PROJECT SITE: CONTRACTOR’S Use of Project Site: The CONTRACTOR’S use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. During the progress of the work, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work. No accumulation of rubbish shall remain on site longer than one week. The CONTRACTOR is required to provide adequate trash/debris receptacles in compliance with all applicable codes and regulations. The CONTRACTOR must comply with all state and local environmental regulations, as well as federal regulations when applicable.

CITY’S Use of Project Site: The CITY may utilize all or part of the entire site for the entire Contract. The CONTRACTOR is instructed to coordinate and cooperate with the CITY to facilitate the CITY’S activities and minimize any interferences with the CONTRACTOR’S own operations. All representatives of the CITY shall be allowed safe access to the project site throughout the entire execution of the Contract.

100.02 CONTRACTOR’S TEMPORARY UTILITIES: The CONTRACTOR shall provide temporary utilities as required to perform the work in accordance with the Contract Documents. It is the CONTRACTOR’S responsibility to obtain all the necessary permits and provide installation of all the utilities per the individual agency codes. All temporary connections are subject to the approval of the CITY and the applicable Utility Representative. Any fees associated with the installation and use of temporary utilities shall be incidental to the work and included in the bid price, unless otherwise specified in the Contract Documents. All related utilities must be operable by the date of Notice to Proceed.

The CONTRACTOR is responsible for contacting the Department of Utilities Services, 240 Water Street, Henderson, Nevada to make arrangements for construction water, including point of withdrawal, installation charges and monthly bills in connection therewith.

100.03 ACCESS AND STAGING AREAS: Construction Offices: If the CONTRACTOR plans on using a field office, it must include temporary office space for the CITY. This space must include electric lights and an adequate heat and air conditioning system. Suitable toilet facilities shall be located in the office, or have convenient access thereto. The CONTRACTOR shall pay for monthly utility bills. The office shall be furnished with a desk, two chairs, conference room, phone system, fax modem lines, four (4) drawer file cabinet and stick file for use by the CITY.

Temporary Fencing: The CONTRACTOR must maintain a safe construction site. If a safe site cannot be maintained, the CONTRACTOR will be required to erect temporary fencing so as to prevent pedestrians, children or wildlife from straying into the Construction site and to improve public safety. The cost for temporary fencing shall be included in the Contract unit price for other items of work unless otherwise specified in Section 616.

Gates: The CONTRACTOR shall install and maintain gates for access to Construction areas. Gates shall remain closed, chained and padlocked when no work is taking place inside the fenced area. The cost for providing and maintaining gates shall be included in the Contract unit price for other items of work.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-1 CONTRACTOR Ingress and Egress: The CONTRACTOR access to the work area shall be permitted only through approaches, which will be designated by the CITY. The CONTRACTOR, shall at all times, maintain controlled ingress and egress at the site. The CONTRACTOR personnel shall not enter into areas of the job site other than the designated access areas.

Illumination: When work is performed at night or where daylight is shut off or obscured, the CONTRACTOR shall, at no additional cost to the CITY, provide artificial light sufficient to permit work to be carried on efficiently, satisfactorily, and safely, and to permit thorough inspection. During such time periods the access to the place of work shall also be clearly illuminated. Wiring for electric light and power shall be installed and maintained in compliance with local code, securely fastened in place at all points, and kept as far as possible from telephone wires, signal wires, and wires used for firing blasts.

Construction Easements: The CONTRACTOR shall restore all properties designated as construction easements to their original pre-construction condition.

This restoration shall be performed as soon as practical after completion of construction activities on the affected properties. No additional compensation will be allowed for the restoration of properties designated as construction easements. Compensation for this work shall be included in the Contract bid price for other items of work.

Hauling vehicles transporting materials to and from the project either empty or loaded shall meet all the requirements and comply with all laws and regulations as would be required when traveling on a public street or highway for any other purpose. Where speed zones are established or where traffic is controlled either for safety of the public or protection of the work, the CONTRACTOR’S equipment shall not exceed the speeds prescribed by the Contract Documents or as ordered by the CITY.

100.04 PROJECT MEETINGS: Pre-Construction Conference: Prior to commencement of work at the site, a Pre-construction Conference will be held at the agreed upon time and place. The purpose of this Conference will be to review responsibilities, procedures and personnel assignments, as well as to develop a successful and productive working relationship among all relevant personnel.

Attendees: The following personnel are required to attend: • CONTRACTOR’S Project Manager; • CONTRACTOR’S Project Superintendent; • CONTRACTOR’S Safety Representative; • CONTRACTOR’S personnel assigned to Scheduling. In the event the CONTRACTOR elects to utilize an outside agency to perform its scheduling requirements, the responsible personnel from such Agency is required to attend; • Principal Subcontractors (including, but not limited to all Subcontractors having a total subcontract value equal to or greater than 1% of the total Contract price); • Principal Suppliers; • Principal Manufacturers; • Engineer/Design Consultants; • Construction Manager; • Applicable CITY Representatives; • Governmental Representatives as appropriate; and

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-2 • Others as requested by the CITY, CONTRACTOR, Engineer or as required to ensure proper and smooth execution of the work.

Required Documents: The CONTRACTOR is required to supply the following information to the CITY at the Conference: • The Part II Schedule as defined in section 108.03.01 (submit 5 days prior to Pre- con, discussion of Part II will occur at Pre-Con) • Schedule of values for progress payment • Schedule for all submittals and samples • Proposed substitutes accompanied with appropriate data • Organization Chart of CONTRACTOR’S Project Team including responsibilities of all related personnel. Cellular and home phone numbers of these personnel shall be included as points of contact in case of emergency. • List of all permits and licenses indicating the agency required to grant permit, the expected date of submittal for permit, and required date for receipt of permit. • Plot plan of intended storage/work area use • Traffic Control/Phasing Plan. • Contents of endangered species educational program.

Agenda: The CITY will prepare an agenda for the discussion of pertinent items relating to the Contract requirements, procedures, and coordination of construction. At a minimum, the Contract Agenda will include the following: • A discussion of the CONTRACTOR’S schedule; • Contract Authority and channels of communication; • Critical work sequencing; • Coordination with others; • Concerns by either party in regards to the anticipated work; • Permits required for Construction; • Processing and maintenance of record documents; • Designation of key personnel; • Transmittal, review and distribution of all documents between the CONTRACTOR and the CITY including RFI’s, Submittals, Survey Requests, etc.; • Processing of applications for payment; • Submittals, Shop Drawings, Product Data and Samples; • Field decisions and change orders; • Major material deliveries and priorities; • Safety, security and maintenance of the work site; • Use of premises, office, storage areas and parking; • Working hours; • Designation of day and time of weekly meetings (as applicable); • Partnering related issues.

Minutes: Minutes shall be recorded by the CITY’S Representative and distributed for review at the next scheduled progress meeting.

The CONTRACTOR will have five (5) calendar days to review the minutes and respond in writing if any modifications are required. Without formal response, the CONTRACTOR shall thereafter deem minutes as a fair and accurate representation of the issues and events discussed during the meeting.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-3 Progress Meetings: Weekly progress meetings will be held at the project site (unless otherwise determined) at the day and time designated during the Pre-Construction Conference. The purpose of these meetings will be to review the progress of the work, maintain coordination of efforts, discuss changes in scheduling, review status of submittals and resolve any problems, which may occur. During each meeting, the CONTRACTOR is required to present any issues that may impact the work, as well as recommendations as how to best resolve these issues.

Required Attendees: Project Manager, Project Superintendent, CITY Representatives, Engineer, Contract Manager, relevant Utility Representatives, and any other entities involved with current progress or involved in the planning, coordination or performance of future activities.

Optional Attendees: Subcontractors, Suppliers, Manufacturers as requested.

Minutes: The CITY’S Representative shall record and prepare minutes for each progress meeting and distribute to all attendees at the next scheduled progress meeting. Any modifications to the information contained therein are to be addressed at the next weekly progress meeting. In the absence of a response, minutes shall be thereafter deemed by the CONTRACTOR as a fair and accurate representation of the issues and events discussed during the meeting.

Subcontractor Coordination Meetings: The CONTRACTOR is expected to conduct regularly scheduled coordination meetings with Subcontractors, Suppliers, and Manufacturers to manage and ensure the smooth progression of the work. Request representation at each meeting by all applicable parties involved in the coordination of current activities or concerned with the planning of upcoming work. During each meeting the following topics need to be addressed: • The development of a three week look-ahead schedule (to be distributed to the CITY at the subsequent progress meeting). • Any concerns relating to the progress of the work • Any other items as deemed necessary by any of the related parties

The CONTRACTOR shall record and distribute minutes to all attendees as well as others affected by the decisions reached during the meeting.

Pre-Activity/Specialty Coordination Meetings: Pre-Activity meetings are to be held no later than twenty-four (24) hours prior to the execution of any activity requiring inspection or as deemed necessary by the CITY. Required attendees should include at a minimum the CITY’S representative, inspectors, the CONTRACTORS Project Manager, Superintendent and any other related personnel.

100.05 ENVIRONMENTAL PROTECTION: Water Pollution: CONTRACTOR shall, at no additional cost to the CITY, provide suitable facilities to prevent the introduction of any substances or material into any stream, river, lake, or other body of water which may pollute the water or constitute substances or material deleterious to fish and wildlife. Refer to NPDES Permit article for storm water discharge permit requirements, and refer to Section 637, Pollution Control, for additional requirements.

Water Control: The CONTRACTOR shall be responsible for evacuating water (stormwater discharge and groundwater) from excavated areas. Areas to be excavated are believed to be above the permanent water table. However, surface runoff and groundwater infiltrations may enter excavated areas. Any water to be pumped into the existing drainage corridor shall have a

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-4 separate permit from the NDEP and shall be de-contaminated if necessary. The CONTRACTOR shall include all cost for obtaining this permit and de-contaminating the groundwater in his bid.

The CONTRACTOR’S water control shall continue until completion of the project. CONTRACTOR’S water control may include temporary berms to locally direct water away from excavations.

Water control by the CONTRACTOR shall not be paid for separately but shall be included in the Contract price for other items of work.

False work, materials, and equipment erected or stored in known watercourses shall be at the risk of the CONTRACTOR.

The CONTRACTOR shall sequence construction work to avoid blockage of floodwaters. The CONTRACTOR shall take full responsibility for damage caused by water and shall repair or replace all materials and work so damaged at no additional cost to the CITY.

Air Pollution: The CONTRACTOR shall perform its work so as to not discharge from any source into the atmosphere any smoke, dust or other air contaminants in violation of the laws, rules and regulations of all federal, state and local air and water pollution requirements. The CONTRACTOR shall: • Comply with the provisions of Nevada Revised Statute 445: Air Quality Regulation; • Register with the Clark County Air Quality Management Air Pollution Board any equipment requiring operating permits; and • Adhere to all Clark County Air Pollution board regulations.

Hazardous Waste: Wastes generated during construction that are subject to the hazardous waste regulations as set forth in Nevada Administrative Code (NAC) 444.8565 shall be handled, transported, and disposed of in accordance with the applicable federal, state, and local regulations governing such material.

Precautions shall be exercised to prevent the discharge of hazardous wastes into the work area, waterways, and the general environment. The CONTRACTOR shall contact the Nevada Department of Conservation and Natural Resources, division of Environmental Protection (702) 687-5872 for specific information and assistance.

Contaminated Materials Excavation: If the CONTRACTOR encounters a hazardous environmental condition at the site which was not shown or identified in the Contract Documents to be within the scope of the work, then the CONTRACTOR shall immediately: • Secure or otherwise isolate such condition; • Stop work in connection with such condition and in affected areas (except in an emergency affecting the safety or protection of persons, work or property); • Notify the CITY immediately by phone and thereafter in writing.

The CITY shall promptly evaluate such condition and determine the necessary corrective action. The CONTRACTOR shall not be required to resume work in connection with such condition or in affected areas until after the CITY has notified the CONTRACTOR that such condition has been rendered safe.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-5 100.06 NV ENERGY TRANSMISSION SECTION REQUIREMENTS: For work performed in the vicinity of all NV Energy Transmission (NPCT) lines, the CONTRACTOR shall comply with the following NV Energy stipulations: • Comply with all NESC and OSHA requirements. • Materials and equipment shall not be stockpiled under lines. • A 20-foot radius shall be maintained around all structures to allow access for maintenance purposes, including restrictions on the following: • Parking or storage of vehicles exceeding 8 feet in height. • Metallic fences and block walls. • Buildings or structures and free standing signs. • Elevation and grade changes.

The CONTRACTOR shall notify NVE at (702)-227-2317, two business days prior to initiating construction activities in the vicinity of NV Energy transmission lines.

100.07 ENDANGERED SPECIES: The desert tortoise has been declared an endangered species and may be present in the area in which the work on this Contract is located. All habitat disturbances shall be restricted to the boundaries of the right-of-way. All equipment and materials shall be stored within the right-of-way boundaries, or on previously disturbed areas. Construction vehicle traffic shall be restricted to existing roads and within the right-of-way boundaries.

A litter control program shall be implemented during construction. This plan will include the removal of trash from the construction site to covered raven proof trash receptacles at the close of each working day and the proper disposal of trash in a designated solid waste disposal facility at the end of each work week.

All CONTRACTOR personnel who work in the right-of-way shall be informed, through an educational program, of the occurrence of the desert tortoise in the project areas and of the threatened status of the species. The CONTRACTOR shall be responsible for all personnel training. After training, all personnel shall sign a statement indicating that they have completed the educational program and understand fully its provisions. The contents of the educational program shall be submitted to the CITY for review and approval at the Pre-construction conference and prior to implementation. All new personnel hired during the course of the project shall receive such training prior to conducting any work in the field. The CITY shall be held harmless of any violations by the CONTRACTOR’S employees.

Upon locating a dead, injured or sick endangered or threatened animal, initial notification must be made to the Fish and Wildlife Service’s Division of Law Enforcement (702) 388-6380. Care should be taken in handling sick or injured specimens to ensure effective treatment. Dead specimens should also be handled carefully to preserve biological integrity for later analysis and cause of death. The finder also has the responsibility to carry out instructions provided by Law Enforcement of the Fish and Wildlife Service to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. Sick or injured tortoises shall be delivered to the Dewey Transfer Facility in Las Vegas or any other qualified veterinarian for appropriate treatment or disposal.

Any unauthorized person who removes a tortoise from the site could be found guilty of a “Take”. A “Take” carries a potential penalty of a fine of up to $25,000.00 and six (6) months in prison.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-6 The CONTRACTOR shall designate a Contract representative that shall be responsible for overseeing compliance with the protective stipulations for the desert tortoise and providing coordination between the CONTRACTOR, FHWA and the Fish and Wildlife Service.

Costs relating to the requirements of this subsection shall be included in the Bid item for Mobilization.

END OF SECTION 100

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CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 GENERAL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

100-7 SECTION 101

DEFINITIONS AND TERMS

Revise the following subsections of the Standard Specifications with the following:

101.20 DEWATERING: Dewatering shall be defined as removal and/or lowering of any surface or subsurface water by a method chosen by CONTRACTOR and acceptable to the CITY, which results in a ground moisture content which enables construction to be carried out under relatively dry and stable conditions.

101.29 HIGHWAY: That portion of a highway being in any part constructed or reconstructed, including those sections of highway between the portion under construction or reconstruction and the pits and the sources of materials approved by the Department for that particular portion of highway under construction or reconstruction.

101.30 HOLIDAYS: The City of Henderson observes the following holidays: • January 1 (New Year’s Day) • Third Monday in January (Martin Luther King Jr. Day) • Third Monday in February (President’s Day) • Last Monday in May (Memorial Day) • July 4 (Independence Day) • First Monday in September (Labor Day) • Last Friday in October (Nevada Day) • November 11 (Veterans’ Day) • Fourth Thursday in November (Thanksgiving Day) • Friday following fourth Thursday in November (Family Day) • December 24 (Christmas Eve) • December 25 (Christmas Day) • Any other day that may be appointed by the President of the United States

101.40 NOTICE TO PROCEED (NTP): The written notice given by the CITY to the CONTRACTOR fixing the date on which the Contract times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR’s obligations under the Contract Documents.

Add the following subsections to the Standard Specifications:

101.80 ADDITIVE ALTERNATIVE BID ITEM: An amount stated in the Bid to be added to the amount of the Base Bid if the corresponding change in the work, as described in the bidding documents, is accepted by the CITY. Additive alternative items may be exercised by the CITY with the award of the project, in sequential order and subject to the availability of funds. Bidder must quote all items to be responsive and considered for award.

101.81 ADDITIVE/DEDUCTIVE BID ITEMS: An amount stated in the Bid to be added to or deducted from the Contract amount for the corresponding change in the work, as described in the Bidding Documents. The unit price(s) quoted shall remain firm throughout the Contract term.

101.82 AGREEMENT: The written Contract between the CITY and the CONTRACTOR covering the work to be performed; other Contract Documents are attached to the Agreement and made a part thereof.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 DEFINITIONS AND TERMS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

101-1

101.83 APPARENT LOW BIDDER: The Bidder who appears at the time of bid opening to have the lowest Bid and to be qualified, responsible and responsive.

101.84 BID FORMS: The Bid Form pages, Bid Security, and any attachments.

101.85 BID SECURITY: A certified or cashier’s check or bid bond accompanying the bid in the amount of 5% of the Total Bid Price payable to the CITY as a guarantee that the Bidder, if its bid is accepted, will promptly execute the Agreement, and provide the necessary bonds, insurance certificates and other required documentation.

101.86 CITY: CITY is defined as the City of Henderson Department of Public Works, Parks and Recreation, Department of Utility Services with whom the CONTRACTOR has entered into the Agreement and for whom the work is to be performed. Throughout the Project Manual and all Reference Specifications, the terms Owner, Engineer, Agency, Contract Manager, and Contracting Agency shall all refer to the City of Henderson or the designated authorized representative of the City of Henderson.

101.87 CONSULTING CONSTRUCTION MANAGER: The Construction Management firm contracted by the CITY to manage the construction of the project.

101.88 CONSULTING ENGINEER: A licensed and registered professional contracted by the CITY to design the project’s Special Provisions and Drawings.

101.89 LAWS AND REGULATIONS: Any and all applicable laws, rules, regulation, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction over the Agreement.

101.90 NAC: Nevada Administrative Code.

101.91 NRS: Nevada Revised Statute.

101.92 REQUEST FOR INFORMATION (RFI): A written request from the CONTRACTOR for an interpretation or clarification of a requirement of the Contract Documents.

101.93 MATHEMATICALLY UNBALANCED BID: A bid is mathematically unbalanced if the bid contains lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other direct costs.

101.94 MATERIALLY UNBALANCED BID: A bid is materially unbalanced if there is reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the CITY.

101.95 WORKER: A skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a CONTRACTOR or Subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.

END OF SECTION 101

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 DEFINITIONS AND TERMS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

101-2

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CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 DEFINITIONS AND TERMS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

101-3 SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

102.01 NOTICE TO CONTRACTOR: Sealed bids, subject to the conditions contained in the Contract Documents, will be received at the office of the Henderson City Clerk, 240 Water Street, Henderson, Nevada, 89015, up to the hour and date stipulated below, at which time the City Clerk will publicly open the bids. The name and address of the Bidder with Contract Title and Contract Number must appear on the outside of the sealed envelope. An abstract of the amounts of the Base Bids and major alternatives (if any) will be made available to Bidders, upon written request, within two (2) working days after the opening of Bids.

The official time for the purpose of bid submittal shall be determined as the time indicated on the Time-Date recorder located in the City Clerks' Office.

350 BASIC ROAD SEWER RELOCATION CONTRACT NO. 2018-00-1421 PWP-CL-2018-124

BID OPENING: November 14, 2018 @ 2:00 PM (PST)

BID OPENING LOCATION: OFFICE OF THE CITY CLERK Valley View Conference Room 240 Water Street/PO Box 95050 Henderson, Nevada 89009-5050

LOCATION AND DESCRIPTION OF WORK: The Project is located within commercial parcel on the northeast corner of Boulder Highway and Basic Road in Henderson Nevada. The work consists of installation of approximately 350 linear feet of SDR-35 PVC sanitary sewer, sanitary sewer manholes, sanitary sewer latera extension, island curb removal and replacement, traffic control, asphalt paving, notifying tenants and other improvement items as shown on the drawings and specified in the bid documents and bid schedule.

Contact: Ali Zenhari, P.E. 702-267-2572

Construction Cost Estimate: $255,000

All submitted bids must conform to specifications which may be secured through the Nevada Gov eMarketplace (NGEM) prior to the date and time set for the bid opening.

Additional details of this project can be obtained from www.NGEMNV.com including addendums, pre-bid meeting information, intent to award and award information. For questions or information that you cannot locate on NGEM, please contact the Engineer listed above.

102.01.01 PRE-BID CONFERENCE: Prospective bidders are requested to attend the NON- MANDATORY pre-bid conference to be held at City Hall, 240 Water Street, Henderson, Nevada, at the following date, time and location:

October 30, 2018 @ 10:00 A.M. RIVER MOUNTAIN CONF. ROOM

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 1 Bidders are encouraged to express any concerns or seek answers to any questions they may have. In response to questions arising at the Conference, the City will issue Addenda as necessary. All anticipated General Contractors are encouraged to attend. General Contractors are responsible for informing their Subcontractors of the issues discussed during the pre-bid. Major Subcontractors and any Subcontractor utilizing the bid depository may attend the pre-bid.

102.01.02 DESIGNATED CONTACTS: Communication between a bidder and a member of the City Council or between a Bidder and a non-designated CITY contact, regarding this bid is prohibited from the time the bid is advertised until the time for award of the Contract.

Questions pertaining to this invitation to Bid shall be addressed to the contact person listed in Section 102.01. Failure of a Bidder or any of its representatives, to comply with this paragraph may result in its bid being deemed non-responsive.

102.02 PREQUALIFICATION OF BIDDERS: The CITY will not be pre-qualifying bidders for this project but requires that bidders are prequalified with the Nevada State Public Works Board as outlined in Section 102.17 of these specifications.

102.03 CONTENTS OF PROPOSAL FORMS: Bids must be submitted on the forms furnished by the CITY. Bid forms and Contract Documents may be obtained from NGEM.

All papers bound with or attached to the proposal form are considered a part thereof and must not be altered when the proposal is submitted.

The plans, specifications, supplemental notices to CONTRACTORS and other documents designated in the proposal form will be considered a part of the proposal whether attached or not.

102.04 INTERPRETATION OF QUANTITIES IN THE PROPOSAL: The quantities provided on the Bid Forms and in the Contract Documents are approximate only and are to be used for the basis for the comparison of bids. The CITY does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications. This may include the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the ENGINEER to be necessary. This may also require such extra work as may be determined by the ENGINEER or the CITY to be required for the proper completion or construction of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the CITY.

102.05 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT DOCUMENTS, AND SITE OF WORK: The bidder shall examine carefully the work site, the proposal, Uniform Standard Specifications (latest edition), Uniform Standard Drawings (latest edition), Contract Drawings, Supplemental Specifications, Bid Forms, Contract Forms and any other construction codes that are approved by the CITY before submitting their Proposal.

Submission of a Proposal shall be deemed prima facie evidence that the bidder has made such examination and that the bidder is satisfied with the conditions to be encountered, the character, quality, quantities of work to be performed, materials to be furnished, and with the requirements

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 2 of the Uniform Standard Specifications (latest edition), Uniform Standard Drawings (latest edition), Contract Drawings, Instructions to Bidders, Special Provisions, Supplemental Specifications and any other construction codes that are approved by the CITY including the Proposal and Contract.

Complete sets of Bidding Documents must be used in preparing bids. Neither the CITY nor the ENGINEER is responsible for errors or misrepresentations resulting from the Bidder or any Subcontractor’s use of incomplete sets of Bidding Documents.

It is the Bidder’s responsibility to become satisfied with the nature and location of the work, the general and local conditions, and particularly but without limitation, with respect to the following:

a. Conditions affecting transportation, access, disposal, handling, and storage of materials.

b. Availability and quality of labor, water and electric power.

c. Availability and condition of roads.

d. Climatic conditions, location of underground utilities, above ground facilities, obstructions, obstacles or other materials, physical conditions at the work sites, and the project area as a whole.

e. Topography and ground surface conditions.

f. Subsurface geology, and nature of quantity of surface and subsurface materials to be encountered.

g. Equipment and facilities needed preliminary to and during performance of the Contract.

h. On-going construction activities by others within or around the project limits.

i. All other matters, which can in any way affect performance of the Contract, or the cost associated with such performance.

Failure of the Bidder to become acquainted with applicable conditions will not relieve the Bidder from the responsibility for properly estimating either the difficulties or the costs of successfully performing the Contract. The signing of the Contract shall be deemed prima facie evidence that the Bidder has taken all necessary steps to become satisfied with the nature of the work and the Contract amount is a fair and reasonable compensation for all conditions thereto.

102.05.01 GEOTECHNICAL ANALYSIS: A geotechnical analysis was conducted by Angle Engineering, Job No. 11404-1, Dated January 5, 2018. The Geotechnical Report is provided as a reference material only and is not part of the Contract Documents. The CITY offers no guarantees as to the accuracy of the analysis or the actual subsurface conditions. Bidders shall make their own interpretations of the data contained in said analysis. The Bidder shall not be relieved of liability under the Contract for any loss sustained as a result of any variance between conditions indicated by, or deduced from, said analysis and the actual conditions encountered during the progress of work.

All prospective bidders are encouraged to perform their own sub-surface analysis. Within two working days written request by the Bidder to the CITY of the Bidder’s intention to make such appraisal, the CITY shall provide access to the site for the Bidder to perform any sub-surface evaluations. If such subsurface evaluation is to take place in areas, which may impact the traveling public the Bidder must submit a traffic control plan with his written request. The traffic control plan must be in accordance with all reference specifications cited herein. The Bidder shall fill and properly compact all holes and clean up and restore the site to its former condition CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 3 upon completion of such explorations and shall be liable for repair costs of any property or facilities damaged during the Bidder’s investigation.

102.06 PREPARATION OF PROPOSAL: (a) Bids are to be submitted on the "Bid Forms” provided, or copies thereof, and must be manually signed in ink by an authorized representative of the CONTRACTOR submitting the bid. The Bidder shall quote a total price for each line item and all figures must be written in ink or typewritten. Figures written in pencil or erasures are not acceptable.

If there is no cost for a line item, the Bidder shall enter a “0” or write the words “NO COST”. A person authorized to bind the Bidder to a Contract must initial any alteration to the bid proposal.

If the person making any alteration or erasure is not the same person who signs the Bid Form, the person who signs the Bid Form must authorize such person. A Bidder who fails to quote a total price for each line item or modifies/changes any elements within its Bid Form without proper initials shall be deemed non-responsive and their bid rejected. Low bid will be defined as the lowest sum of the total line items.

The bidder shall guarantee the Total Bid Price for a period of sixty (60) calendar days from the date of bid opening.

(b) Each Proposal must be submitted in a sealed envelope, which is prominently marked on the lower left-hand corner with the contract name & number, opening date and company name.

Failure to do so may result in a premature opening of, post opening of, or failure to open the proposal. No responsibility will attach to the CITY, or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open a bid which is not properly addressed and identified.

It is the Bidder's responsibility to determine if any addenda have been issued before bid opening and incorporate the requirements of addenda within their bid. The bid forms must be completed in their entirety. Failure to do so may result in rejection of the bid.

Submission of a Bid shall be conclusive evidence that the Bidder has complied with the conditions stipulated in the Contract Documents and that said documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. The Bidder therefore states that he has addressed any and all concerns he has regarding any of the Contract Documents or onsite review.

The Bidder shall submit his proposal upon the forms furnished by the CITY. The Bidder shall specify a total price in figures for each pay item, which a quantity is provided. The total amount of the proposal shall be obtained by adding the amount of the several items. All the words and figures shall be written in ink or typed and MUST BE LEGIBLE.

When an item in the proposal contains a choice to be made by the Bidder, the Bidder shall indicate his choice in writing, in accordance with the specifications for that particular item, and thereafter no further choice will be permitted.

102.06.01 ADDENDA & INTERPRETATIONS: If it becomes necessary to revise any part of the bid documents, a written Addendum will be provided to all known prospective bidders. The

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 4 CITY is not bound by any oral representations, clarifications, or changes made to the bid documents by the CITY’S employees, unless such clarification or change is provided to prospective bidders in written Addendum form. All addenda become part of the Bid/Contract Documents and all associated costs should be included in the bid sum.

Bidders shall take no advantage of any apparent error or omission in the Bidding Documents. In the event the Bidders discover such an error or omission, they shall notify the CITY in writing within seven (7) calendar days before the date set for receipt of bids.

In the event the City deems written clarification is necessary, further addendum shall be issued no later than two (2) working days prior to the bid date. Verbal answers are not binding on any party.

All Addenda will be available via www.NGEMNV.com only.

Copies of Bidding Documents, including any Addenda, will be made available for inspection at the City of Henderson, Utility Services Department, 2st Floor City Hall, 240 Water Street, Henderson, Nevada, 89015. Prior to submission of the bid, the Bidder shall ascertain that it has received all Addenda issued.

Prior to submission of the bid, the Bidder shall ascertain that it has received all Addenda issued. The Bidder shall acknowledge receipt of each Addendum by completing the acknowledgment space provided on the Bid Form. The Bidder is solely responsible for the acquisition of all addenda for this project. Bidder assumes all liability for failure to incorporate all information contained in the addenda in his bid price. Failure to acknowledge the receipt of all addenda will render the bid non-responsive. It is the General Contractor’s responsibility to ensure that all listed Subcontractors have received all addenda prior to bid.

102.07 IRREGULAR PROPOSALS: Proposals will be considered irregular and may be rejected for the following reasons:

(a) If the proposal is on a form other than that furnished by the CITY or if the form is altered or any part thereof is detached.

(b) If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning.

(c) If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

(d) If the proposal does not contain a price for each pay item listed.

102.08 UNBALANCED PROPOSALS: In determining whether a proposal is unbalanced and subject to rejection, the CITY will consider, but not be limited to, the following criteria:

(a) Mathematically unbalanced bids which are not found to be materially unbalanced may be awarded.

(b) If the quantities as bid are incorrect and the contract cost will be increased when quantities are corrected, the proposal(s) may be rejected.

(c) If the mathematical unbalancing has a potential detrimental effect upon the competitive process or can cause contract administration problems after award, the proposal may be rejected.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 5 (d) Over pricing items for work done early in the contract (front end loading) could be considered as a materially unbalanced bid, and the proposal may be rejected.

102.09 PROPOSAL GUARANTEE: The Bidder must include with the proposal an original executed bid bond, certified check, cashier's check or money order in the amount of five percent (5%) of the total amount of the bid, made payable to the City of Henderson.

The top three responsive and responsible bids received are considered firm offers for sixty (60) calendar days after the date of bid opening and may be considered for award.

The CITY will have the right to retain the bid security of Bidders to whom an award is being considered until the bonds and insurance have been furnished, or the time of guarantee has expired, or all bids have been rejected.

Failure to include a Proposal Guarantee with the Sealed Proposal in the amount of five percent (5%) of the total bid shall be cause for rejection of that Proposal without consideration.

Surety companies executing bonds must be licensed to issue surety by the State of Nevada Insurance Division pursuant to Nevada Revised Statutes 683A.090 and issued by an appointed agent pursuant to Nevada Revised Statutes 683A.280.

Bonds issued by a surety, who is an individual surety, are not acceptable.

The Bid Bond shall be written on the provided Bid Bond form, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his/her power of attorney.

102.10 DELIVERY OF PROPOSALS: All proposals must be filed with the City Clerk prior to the time specified for opening. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows:

Office of the City Clerk Attn: Bid Documents: 350 BASIC ROAD SEWER RELOCATION CONTRACT NO. 2018-00-1421 240 Water Street/PO Box 95050 Henderson, Nevada 89009-5050

The CITY assumes no responsibility for any mailed bids, which are received after the required bid opening time and date. Any bids received by mail after bid date will be returned as non- responsive regardless of reason for delay.

Faxed bids are not allowed and will not be considered. Bidders shall be solely responsible for the timely delivery of submitted bids, regardless of the method used for delivery.

102.11 WITHDRAWAL OR REVISION OF PROPOSALS: A request for withdrawal of a proposal due to a purported error shall not be considered unless the same is filed in writing by the bidder within two (2) working days after opening bids. Any such request shall contain a full explanation of any purported error and shall be supported by the original calculations on which the bid was computed together with a certification and notarization thereon that such computation is the original as prepared by the bidder or his agent. The Bidder shall also provide details as to how and why the mistake occurred and an explanation of the corrective action that was or will be implemented by the Bidder to eliminate the possibility of future mistakes. If this information is not adequately provided to the CITY’S satisfaction, the bidder shall be prepared to CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 6 meet with the CITY within twenty-four (24) hours of notification by the CITY to further review the Bidder’s request for withdrawal of its bid. In any case of a withdrawal, the City may require the bidder to forfeit its bid security to the City. In the case of a mathematical error in the bid schedule, the sum of the individual unit prices shall prevail.

102.12 PUBLIC OPENING OF PROPOSALS: Proposals will be opened and read publicly at the time and place indicated in the advertisement and "Notice to Contractors." Bidders, their authorized agents, and other interested parties are invited to be present.

102.13 DISQUALIFICATION OF BIDDERS: Any of the following reasons may be considered as sufficient for the disqualification of a bidder and the rejection of his proposal or proposals:

(a) Dishonesty or lack of good faith and lack of intent to do the work according to the plans and specifications.

(b) Lack of experience, adequate equipment, or other necessary resources.

(c) Failure to possess a valid license corresponding to the work to be done and/or a monetary limit which is insufficient as required by State of Nevada Statutes and Ordinances of the CITY.

(d) Submittal of a proposal form which has not been issued specifically for the purpose of submitting a bid for the Contract under consideration.

(e) Unsatisfactory performance record as shown by past work for the CITY judged from the standpoint of workmanship and progress.

(f) Incomplete work, which in the judgment of the CITY might hinder or prevent the prompt completion of additional work if awarded.

(g) Failure to pay or satisfactorily settle all bills due for labor or materials on former Contract(s) in force at time of letting.

(h) Failure to comply with any qualification regulations of the CITY.

(i) Failure to provide an original executed five percent (5%) bid bond, cashier's check or certified check as specified in the "Advertisement for Bids" as a proposal guarantee.

(j) Inclusion of a rock or caliche clause for excavation in the proposal submitted.

(k) Failure to supply information concerning Subcontractors as required by NRS 338.141.

(l) Failure to complete the bid form(s) or lack of signature by an authorized representative.

(m) Unauthorized alteration of bid form(s).

(n) If Contractor’s name appears on Labor Commissioner’s List of Disqualified Bidders.

(o) More than one proposal for the same work from an individual, firm, or corporation under the same or different name.

(p) Pursuant to NRS 332.165, evidence of agreement or collusion among Bidders and prospective Bidders acting to illegally restrain freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such Bidders void. Advance disclosures of information to a Bidder which gives that Bidder a competitive advantage over competing qualified bidders, in advance of the bid opening, shall cause any or all bids received to be rejected and the project to be re-bid.

The CITY reserves the right to waive any informality or irregularity in any Bid received, to reject any or all Bids, and to re-bid.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 7 To demonstrate qualifications to perform the work, the Bidder may be required to submit written evidence on financial data, previous experience, present commitments, available resources and other such data as may be requested by the CITY.

102.14 MATERIAL GUARANTEE: The successful Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subject to the tests provided for in these specifications to determine their quality and fitness for the work.

102.15 TIE BIDS: A tie bid is defined as an instance where bids are received from two or more Bidders who are the low Bidders, and their offers are identical. This does not often occur because the bids must be identical in all evaluation areas (i.e. – price, quality, delivery, and ability to supply). If any of these areas are not identical, it is not considered a tie bid and the CITY can justify awarding to the Bidder with the lowest responsive and responsible bid.

The procedure for tie bids is to hold a public drawing and award the bid to the winner of the draw in accordance with the Method of Award clause.

When a drawing is necessary, the Bidders involved will be contacted with the time and place of the drawing. Attendance is not mandatory for the drawing. An impartial witness will be present at the drawing.

102.16 PROTESTS: Any Bidder, which submitted a bid to the CITY who is allegedly aggrieved in connection with the solicitation or award of a Contract, may protest. The Notice of Protest must be submitted in writing to the CITY within five (5) business days after the Notice of Intent to Award. The Notice of Protest must include a written statement setting forth specifically the reasons the person filing the notice believes the applicable provisions of state law were violated.

The Notice of Protest must include an original executed surety bond issued by a surety authorized to do business in the State of Nevada.

The bond posted must be in an amount equal to the lesser of: (a) 25% of the total value of the bid submitted by the person filing the Notice of Protest; or (b) $250,000.

The surety bond posted with the Notice of Protest shall be held until the public body awarding the contract concerning the validity of the protest makes a determination.

A Notice of Protest filed in accordance with these provisions operates as a stay of any action by the CITY in relation to awarding the contract until after the determination is made.

A bidder who makes an unsuccessful bid may not seek any type of judicial intervention until the CITY has made the determination and awarded the contract.

Neither the CITY or its authorized representative is liable for any costs, expenses, attorneys’ fees, loss of income or other damages sustained by a bidder who makes a bid, whether or not the person files a Notice of Protest pursuant to this provision.

If the bidder’s protest is upheld, the surety bond posted will be returned to the bidder who posted the bond or submitted the security. If the protest is rejected, the CITY reserves the right

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 BIDDING REQUIREMENTS AND CONDITIONS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

102 - 8 to make a claim against the bond in an amount equal to the expenses incurred by the CITY because of the unsuccessful protest.

102.17 LICENSING OF CONTRACTOR: At the time the bids are opened, the bidder shall have a valid Class A or Class A15, Nevada Contractor's License. If the bidder is utilizing Subcontractors on this project, at the time the bids are opened, all Sub-Contractors shall have a valid Nevada Contractor’s License of the appropriate class pursuant to the field and scope of their portion of the work delineated on the Contract Documents. The Nevada Contractor's License Number and the monetary limit of the Contractor’s license will be included on the bid schedule below the Company name. It is the responsibility of the Bidder to insure that he is properly licensed pursuant to this section. No additional payment to the Bidder will be made if it is discovered at any time throughout the contracting period that the Bidder was not properly licensed pursuant to this section at the time of bid and as a result, is removed from the project. If at any time it is determined that the Bidder was not properly licensed pursuant to this section, the Bidder shall pay any costs incurred by the CITY as a result of this misrepresentation. Failure to submit this information will result in the bid being deemed not responsive.

Twenty-four (24) hours prior to the official notice of award, said Contractors, Subcontractors and specialty Contractors will produce, if called upon, proof of all applicable licenses and permits according to the applicable Ordinances of the City of Henderson.

Any possessor of a valid Nevada Contractor's License in any category shall be considered a Subcontractor and not "employee" of the Bidder during the progress of the work under a City of Henderson Contract.

Pursuant to the provisions of NRS 338.1382, the City of Henderson adopted the Nevada State Public Works Board list of Qualified Bidders. This requirement applies to prime contractors only. Only bids from prime contractors qualified by the State Public Works Board at the time of bid opening will be considered. Failure to be qualified by the State Public Works Board will result in the bid being deemed non-responsive.

102.18 SUPPLIERS INFORMATION: All material, products, and supplies to be used in constructing this project shall be entirely NEW material, products, and supplies.

102.19 COMPLIANCE WITH COPELAND ANTI-KICKBACK ACT AND REGULATIONS: The Bidder shall comply with the Copeland Anti-kickback Act (18.U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3) which are herein incorporated by reference. This act provides that each Contractor or Subcontractor shall be prohibited from inducing by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which it is otherwise entitled.

102.20 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES: The Contractor and all Subcontractors shall comply with the Americans with Disabilities Act Accessibility Guidelines as applicable which are herein incorporated by reference.

All facilities built prior to January 26, 1992 must comply with the Uniform Federal Accessibility Standards and all facilities completed after January 26, 1992 must comply with the Americans with Disabilities Act Accessibility Guidelines. It shall be the responsibility of the successful Bidder to advise the City should the City’s requirements not meet the appropriate accessibility standards.

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102 - 9 102.21 PREFERENCE FOR CERTAIN BIDDERS: Bidders submitting a proposal to a public body for a public work shall bear the responsibility to ascertain the relevancy of the “Preference for certain Bidders and other matters relating thereto,” set forth as Nevada Revised Statute 338.147. In order to obtain bidder preference, the Bidder must submit a certificate of eligibility to receive a preference in bidding a Public Works as issued by the State Contractors Board, and the signed Affidavit which certifies that, for the duration of the project:

(a) At least 50 percent of all workers employed on the public work, including, without limitation, any employees of the CONTRACTOR, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid driver’s license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

(b) All vehicles used primarily for the public work will be:

(c) At least 50 percent of the design professionals working on the public work, including, without limitation, any employees of the CONTRACTOR, applicant or design-build team and of any subcontractor engaged on the public work, will have a valid driver’s license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

(d) The CONTRACTOR, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

Bidder agrees to comply with conditions (a) through (d) listed above, throughout the performance of the agreement.

Pursuant to NRS 338.1415, a bid from a Bidder shall not be accepted on a contract for a public work if the contractor who submits the bid has, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000.

Pursuant to NRS 338.0117, failure to comply with any requirements of 102.21(1) paragraphs (a) through (d) is a material breach of contract and entitles the CITY to liquidated damages in the amount of 1 percent of the cost of the contract.

102.22 LUMP SUM BREAKDOWN: The Bidder shall submit a detailed price breakdown of any or all his bid items identified at the Pre-Construction Conference with 14-calender days of the Pre-Construction Conference. Such price breakdown shall include quantities, unit prices, and any other information required in sufficient detail to enable the City to use this information for preparation of monthly payment estimates and potential conflicts or change orders. Failure to comply will result in the CITY withholding twenty percent (20%) of each pay estimate until such time the lump sum breakdowns are submitted.

102.23 NAMING OF EQUIPMENT, MATERIAL, OR PROCESS: The naming of a manufacturer of equipment, material or process in this Specification is not intended to eliminate competition or prohibit qualified manufacturers from offering equipment, material or process. Rather the intent is to establish a standard of excellence for the material used, and to indicate a principle of operation desired. The Contractor's bid shall be based on the use of the specified equipment, material or process or an approved equal as is provided for in NRS 338.140.

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102 - 10 102.24 ACCEPTANCE OF BID: The CITY shall not accept a bid from a Bidder, who has, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000 by failing to comply with the requirements of NRS 338.0117, paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of that statute.

END OF SECTION 102

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102 - 12 SECTION 103

AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS: Proposals will be opened and read publicly at the time and place indicated in the Advertisement for Bids. Bidders, their authorized agents and other interested parties are invited to be present.

The total sum read shall be subject to the provisions of determination of the lowest proposal requirements.

No responsibility will attach to the CITY or any official or employee thereof for the pre-opening of, post-opening of, or the failure to open, a proposal not properly addressed and identified.

The lowest proposal shall be the lowest total sum for which the entire work will be performed, including all items as specified on the proposal form. The lowest proposal shall be determined on the basis of the exact lowest total sum for which the entire work will be performed arrived at by a correct computation by the CITY of all items specified in the proposal.

The right is reserved to reject any or all proposals, to waive technicalities, or to advertise for new proposals, if in the judgment of the CITY, the best interest of the CITY will be promoted thereby.

103.02 AWARD OF CONTRACT: The award of the Contract, if made, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be within sixty (60) calendar days after the opening of the proposals or as otherwise provided for. The successful Bidder will be notified by a “NOTICE OF RECOMMNENDATION OF AWARD” letter, mailed to the address shown on his proposal, that his proposal has been accepted and that a recommendation of award will be considered by the City Council at the meeting date noted in the above mentioned letter.

One (1) set of the contract documents will be provided with the “RECOMMENDATION OF AWARD” letter to the successful Bidder for execution, and must be returned to the CITY within 15 days of receiving the documents. The award date of the contract shall be the date of Council Approval.

Following execution of the Contracts by both parties, a date will be set for the Pre-Construction Meeting. The Bidder will be notified to pick up a CD containing an electronic PDF copy of the contract documents prior to the date of the Pre-Construction Meeting. The CITY will not be providing the CONTRACTOR hard copies of the Contract Documents. At the Pre-Construction Meeting, the Bidder shall name those individuals from his organization who are authorized to order and/or accept changes.

103.03 CANCELLATION OF AWARD: The CITY reserves the right, without liability to the Contractor or CITY, to cancel the award, or any proposal at any time before the execution of the Contract Documents by all parties including but not limited to reasons stated above in Section 102.13.

103.04 RETURN OF PROPOSAL GUARANTEE: All proposal guarantees will be returned to all except the three lowest bidders within six (6) business days after the opening of bids. The proposal guarantees for the three lowest bidders will be returned after the required bonds have been furnished and the contract has been executed.

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103.05 REQUIREMENTS OF CONTRACT BONDS: Prior to the execution of the Contract by the CITY, the CONTRACTOR shall provide to the CITY surety bonds in the amounts and for the purposes noted below.

A responsible corporate surety authorized to issue such bonds in the State of Nevada and secured through an authorized agent satisfactory to the CITY shall duly execute all sureties. The CONTRACTOR shall pay all premiums and costs thereof and incidental thereto.

Both the CONTRACTOR and surety must sign each bond and the CONTRACTOR shall give surety bonds with good and sufficient sureties; in the sum of not less than 100% of the Contract price or as specified in the special provisions:

(a) First to assure the claims of material men supplying materials to him, and of mechanics and laborers employed by him on the work required under these specifications;

(b) Second to assure the faithful performance of the Contract;

The "Labor and Material Bond" shall be so conditioned as to insure the benefit of persons furnishing materials to the CONTRACTOR and/or performing labor under the Contract. This bond shall be maintained by the CONTRACTOR in full force and effect until the work is completed and accepted by the CITY and until all claims for materials and labor are paid.

The "Performance Bond" shall be so conditioned as to assure the faithful performance by the CONTRACTOR of all work under said Contract within the time limit prescribed in a manner that is satisfactory and acceptable to the CITY; and that all materials and workmanship supplied by him will be free from original or developed defects.

The "Guarantee Bond" shall be so conditioned that should original or developed defects or failures appear within a period of one year from the date of acceptance of the work by the CITY, the CONTRACTOR shall at his own expense, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the CITY to do so, and to the approval of the ENGINEER. The CONTRACTOR shall maintain this bond in full force and effect for a period as specified after the date of acceptance of the work by the CITY.

Should any surety become insufficient, said CONTRACTOR shall renew said bond or bonds within ten (10) days after receiving notice from the CITY that the surety is insufficient. Should the CITY deem any surety unsatisfactory at any time, notice will be given the CONTRACTOR to that effect and he shall forthwith substitute a new surety satisfactory to the CITY. No further payment shall be deemed due or will be made under the Contract until the new surety shall qualify and be accepted by the CITY.

103.06 EXECUTION AND APPROVAL OF CONTRACT: The Contract documents shall be executed and returned, with the appropriate bonds and insurance forms as set forth in the "Official Notice to Bidders," to the PUBLIC WORKS PARKS AND RECREATION DEPARTMENT within fifteen (15) calendar days.

103.07 FAILURE TO EXECUTE CONTRACT: Failure to properly sign the Contract and file acceptable bonds within the allotted time specified in Section 103.06 shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee which shall become the property of the CITY, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next lowest responsible bidder as provided in Subsection 103.02, "Award CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 AWARD AND EXECUTION OF CONTRACT 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

103 - 2 of Contract," or the work may be re-advertised and constructed under Contract or otherwise, as the CITY may decide.

END OF SECTION 103

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103 - 4 SECTION 104

SCOPE OF THE WORK

104.01 INTENT OF THE CONTRACT: The construction to be performed under this Contract will be situated in the City of Henderson, Nevada, where shown on the drawings. This work shall include approximately the following:

The Project is located within a Commercial parcel on the northeast corner of Boulder Highway and Basic Road in Henderson Nevada. The work consists of installation of approximately 350 linear feet of SDR-35 PVC sanitary sewer, sanitary sewer manholes, sanitary sewer latera extension, island curb removal and replacement, traffic control, asphalt paving, notifying tenants and other improvement items as shown on the drawings and specified in the bid documents and bid schedule.

The work to be performed under this Contract shall consist of the following: • Furnishing all plant, tools, equipment, materials, supplies, and manufactured articles; • Furnishing all labor, transportation, and services, including fuel, power, water, and essential communications; and • Furnishing all work or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.

By submitting a bid for this project, the CONTRACTOR hereby acknowledges and assures the City that it has substantial experience in constructing this type of work and therefore is familiar with all combinations of materials, labor and equipment that are required for the successful completion of this project. The Contract shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents shall be provided by the CONTRACTOR at no increase in cost to the City.

The CONTRACTOR shall maintain complete control over its employees and all its Subcontractors. Nothing contained in this Contract or any subcontract awarded by the CONTRACTOR shall create any contractual relationship between any such Subcontractor and the CITY. The CONTRACTOR shall perform all work in accordance with its own methods subject to compliance with the Contract.

The CONTRACTOR shall supervise, inspect and direct the work competently and efficiently, devoting such attention and applying such skills and expertise as may be necessary to perform the work in a safe manner and in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and shall be responsible to see that the completed work complies accurately with the Contract Documents.

Plans or methods of work verbally suggested to the CONTRACTOR by the CITY, Construction Manager or the Design Consultant, but not specified or required, if adopted or followed by the CONTRACTOR in whole or in part, shall be used at the risk and responsibility of the CONTRACTOR. The CITY, Construction Manager or the Design Consultant assume no responsibility and will in no way be held liable for any defects in the work which may result from or be caused by the use of such suggested plan or method of work.

104.02 INCREASED OR DECREASED QUANTITIES AND CHANGE IN CHARACTER OF WORK: The CITY reserves the right to make by written order and without notice to surety, such

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104 - 1 alterations in the plans or character or quantity of the work which may be considered necessary or desirable from time to time during the progress of the work to complete satisfactorily the proposed construction. Such alterations shall not be considered as a waiver of any conditions of the contract or invalidate any of the provisions thereof.

Whenever an alteration of work on the project involves a substantial change in the nature of the design or in the type or extent of construction which materially increases or decreases the cost of the performance, the work shall be performed in accordance with the specifications and as directed.

However, before such work is started, a supplemental agreement acceptable to both parties to the contract shall be executed.

The right is reserved to increase or decrease any or all of the items in the estimate of approximate quantities as shown in the proposal. The length of the project may be increased or decreased by adding or omitting sections or by relocation. Under no circumstances shall alterations of plans or of the nature of the work, involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the project.

If it is found that the quantity of any major item required to complete the work under-runs or over-runs less than twenty-five (25) percent of the proposed quantity, payment for the work performed will be made at the contract unit price for the quantity of work actually performed.

A supplemental agreement acceptable to both parties to the contract shall be executed in advance of performing any work that may change the termini of the project or when any change or combination of changes results in increasing or decreasing the original contract amount by more than twenty-five (25) percent.

Whenever an over-run or under-run of more than twenty-five (25) percent of the original bid quantity for one or more major contract items occurs, either party to the contract may demand a supplemental agreement to be negotiated satisfactory to both parties.

Revision of any unit price requested by the CONTRACTOR shall be negotiated on the basis of actual cost plus a reasonable allowance for profit and overhead. Written request for supplemental agreement shall set forth in detail the particulars and character by which the work was changed and by what the unit price of the proposal item will be altered.

Failure of the CONTRACTOR to file a request for a supplemental agreement within ten (10) calendar days after any of the above outlined conditions are encountered shall be considered as a waiver thereof on the part of the CONTRACTOR and payment shall be made at the contract unit price for the actual quantity of work performed.

If a supplemental agreement satisfactory to both parties cannot be agreed upon, the CITY may order the work in dispute to be performed and the controversy shall be settled as provided in Subsection 105.17, "Claims for Adjustments and Disputes."

Changes not requiring negotiated agreements, except as to extra work involved, shall be ordered by means of a contract change order, and acceptance by the CONTRACTOR, as evidenced by his signature, shall constitute agreement that the change does not involve any adjustment of contract unit prices. Attention is directed to Subsection 108.08, "Determination and Extensions of Contract Time." Work shall not be started on any such change until the change order has been delivered to the CONTRACTOR and accepted by him.

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In case the CONTRACTOR refuses to accept a change order, the CITY may order the work to proceed while proceeding as expeditiously as possible with settlement of the disputed points.

104.03 EXTRA WORK: The CONTRACTOR shall perform unforeseen work, for which there is no price included in the contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. Such work shall be performed in accordance with the specifications and as directed, and will be paid for as agreed unit prices, force account, or a combination of the two. Agreed unit prices together with the estimated quantities of each unit shall be shown. Orders involving extra and force account work shall be as detailed in Subsection 109.03, "Extra and Force Account Work," and conform to the requirements contained therein.

104.04 MAINTENANCE OF TRAFFIC: While undergoing improvements, all roads upon or within which any work is being done shall be kept open to all traffic by the CONTRACTOR unless otherwise provided for in the contract documents. If the useable roadway is not sufficient to safely accommodate two-way traffic, the CONTRACTOR shall adequately maintain one-way traffic. Wherever one-way traffic is in effect, the distance shall be as set forth in writing by the Engineer.

Where controlled traffic is necessary for protection of the work or for the safety of public travel, it shall be in accordance with the provisions of Subsection 624.03.02, "Flaggers" and 624.03.03, "Pilot Cars" of these specifications. The CONTRACTOR shall also provide and maintain in a safe condition, temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garages, and farms. The CONTRACTOR shall bear all expense of maintaining all roads upon or within which any work is being done. The CONTRACTOR shall also bear all expense of constructing and maintaining such approaches, crossings, intersections, and other features as may be necessary, without direct compensation, except as provided in Subsection 107.15, "Relief from Maintenance and Responsibility," or below.

The CONTRACTOR shall be responsible for the maintenance of the roadway during suspension of the work when such suspension is due to the CONTRACTORS negligence. Attention is directed to Subsection 108.06, "Temporary Suspension of the Work." During any other suspension, the CONTRACTOR shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be ordered by the ENGINEER for the temporary accommodation of traffic during the anticipated period of suspension. Thereafter, and until issuance of an order for the resumption of construction operations, the maintenance of the temporary route or line of travel agreed upon will be by and at the expense of the CITY. Such maintenance and responsibility will include and be restricted to:

• The traveled roadway for the convenience of public travel; • Opening plugged pipes and roadway ditches and drains • Correcting any other hazard, which may be detrimental to adjacent property owners or the traveling public.

When work is resumed, it shall be the CONTRACTOR'S responsibility to replace, renew, and repair any work or materials lost or damaged because of such temporary use of the project regardless of the cause of such damage or loss, except as provided in Subsection 107.15, "Relief of Maintenance and Responsibility." It is herewith expressed that the CITY is in no way responsible to the CONTRACTOR to maintain the roadway and appurtenances in any certain

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104 - 3 condition or state of repair. It is incumbent upon the CONTRACTOR to complete the project in every respect as though its persecution had been continuous and without interference.

Where construction of a project is staged in the plans, or otherwise outlined by the contract documents, and if a change in the staging or sequence of operations is desirable, the CONTRACTOR may submit such change in writing to the CITY. Consideration will be given to each such proposal and may be rejected, modified, or accepted by the CITY, as deemed best. The CONTRACTOR will not proceed with any such change in the staging until the CITY in writing grants permission.

When detours, temporary connections, crossovers, connection roads, and frontage roads are constructed by the item "Equipment Hours," such items shall be full compensation for excavating, hauling, overhaul, and compacting of the material complete and in place and for all labor involved completing the detour. Base and surface courses will be paid for at the contract unit price for the particular type of material required.

All of the above mentioned roadways will be constructed to the same standards and qualities and subject to the same tests and specifications as the main roadway, unless otherwise ordered by the Engineer. Attention is directed to Section 624, "Accommodations for Public Traffic."

When the CONTRACTOR requests a detour he shall make a written request to the Engineer for the establishment of a detour around all or certain designated sections of work. If arrangements for such a detour can be made which are satisfactory to the CITY, and to the CONTRACTOR, the Engineer will designate that road as a detour, subject to the following conditions: • The CONTRACTOR shall provide and maintain the necessary route marking signs. • The CONTRACTOR shall construct and maintain in good condition such a detour. • If the CONTRACTOR fails to maintain the detour in a condition satisfactory to the ENGINEER, the CITY will make such repairs as is deemed suitable and will deduct the cost thereof from money due or to become due to the CONTRACTOR.

Provisions for handling traffic will be subject to the conditions of Subsection 624.03.02, "Flaggers" and 624.03.03, "Pilot Cars" of these Standard Specifications.

Upon abandoning the detour, the CONTRACTOR shall obliterate and dispose of such detour and restore as nearly as possible the condition of the ground to its original form to the satisfaction of the ENGINEER. All of the above work will be at the sole expense of the CONTRACTOR.

This item shall be in accordance with applicable portions of Sections 107, 624, and 625 of the Uniform Standard Specifications, the Nevada Traffic Control Manual, Manual on Uniform Traffic Control Devices (current edition), and applicable CITY and NDOT requirements.

The CONTRACTOR shall maintain all traffic control devices seven days a week, twenty-four hours a day. The CONTRACTOR shall also be responsible for checking all traffic control devices at least twice a day prior to starting work and prior to shutdown.

The CONTRACTOR shall submit traffic control and barrricade plan(s) at the Pre-construction Conference for the review and approval of the CITY. At those locations where there is two-way traffic and only one lane is left open while the CONTRACTOR is working, the CONTRACTOR shall provide a certified flagman to direct traffic according to the requirements of subsection

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104 - 4 624.03.02 “Flaggers” of the Standard Specifications. Direct payment for special detours, temporary paving, pilot car, flagmen and associated signing and message boards will not be made but will be considered incidental to traffic control.

The payment for traffic control shall include the furnishing, installation and maintenance of all traffic control devices, barricades, jersey rails, temporary fencing, temporary pavement, temporary pedestrian walkways, flaggers, providing access to all adjacent properties, adjustment of traffic signal head, striping and all other necessary items to protect the public in accordance with the approved submittals to the CITY, including the Barricade and Traffic Control Plans.

The CONTRACTOR shall be responsible for the traffic control and the placement of reflective or lighted barricades to close street sections during the construction period. Barricades shall conform to a previously approved traffic control or barricade plan. The CONTRACTOR shall furnish the reflective or lighted barricades where excavation or work in the public right-of-way is incomplete at night or on weekends and is shown on the approved barricade plan as a twenty- four (24) hour set-up. All devices and equipment will be removed from right-of way at the end of each working day for set-ups that are not approved for twenty-four (24) hour operations. The closing of portions of a street shall be coordinated with the CITY.

CONTRACTOR is advised that complete road closures are generally not approved. It is the CONTRACTORS responsibility to obtain an approved barricade plan and re-submit as needed for approved time frames.

Where parking on the shoulder is normally permitted, the CONTRACTOR shall furnish and place "NO PARKING" signs along street sections to be closed twenty-four (24) hours in advance of commencing any construction activities. The date, time and duration of the restricted parking shall be legibly marked on the signs.

The CONTRACTOR shall give written notice to the CITY ten (10) days prior to commencing work on a particular street section. The CONTRACTOR shall hand deliver a typed notice to residences and businesses adjacent to the street section to be improved, or impacted by the traffic control and detour plan, informing them of the improvement and the day, time, and duration of the work. This notice shall be delivered a minimum of two (2) days prior to construction on a particular street section. The CONTRACTOR shall accurately designate the given day that each street section will be improved on the project schedule. In the event of delay due to weather or some other reason, the CONTRACTOR will be required to immediately re-notify all property owners.

For work adjacent to or affecting any school crossing, speed control zone, pick-up/drop-off zone or bus stop, the CONTRACTOR shall coordinate with the Engineer, appropriate school administrator and with the CITY crossing guard supervisor. All efforts should be made to attempt to complete such work when school is not in session. Working hours for school zones are generally night hours.

The CONTRACTOR shall also provide the names of two (2) persons who can be called on a twenty-four (24) hour basis to handle barricading or other problems relating to the construction activity. These emergency response persons shall be capable to respond within two (2) hours after notification by the CITY.

Access to existing driveways shall not be blocked. Business owners and residents shall be notified by hand-delivered notice forty-eight (48) hours prior to work being done in front of their

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104 - 5 driveways so that they can move their vehicles. Prior to bidding the project, it is the CONTRACTORS responsibility to conduct a thorough investigation of the site including the possibility of new areas where business sites are being developed that could be operational during the duration of the CONTRACTOR’s work. No additonal time or compensation will be afforded the CONTRACTOR for failure to research and identify such developments.

Sidewalks shall not be blocked. The CONTRACTOR must maintain a safe pedestrian route as shown on the approved barricade plan.

Barricading plans which implement the traffic control plan shall be submitted for approval to the CITY Traffic Engineer at least fourteen (14) working days prior to blocking any public street or right-of-way.

All work zone traffic control signs shall have a retroreflective value grade (Type III) or better. Work required for maintenance of traffic including preparation of traffic control and barricading plans, preparation of other submittals and all work set forth herein to accommodate public travel and provide public notice shall be paid for under Section 107.

104.05 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK: The CONTRACTOR with the approval of the ENGINEER, may use on the project such stone, gravel, sand, or other material determined suitable by the ENGINEER, as may be found in the excavation.

The CONTRACTOR will be paid for both the excavation of such materials at the corresponding contract unit price and also at the contract unit price for the pay item for which the excavated material is used. He shall replace at his own expense with other acceptable material all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches, or otherwise. No charge for the materials so used will be made against the CONTRACTOR. The CONTRACTOR shall not excavate or remove any material from within the project location, which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the ENGINEER.

Unless otherwise provided, the material from any existing old structure may be used temporarily by the CONTRACTOR in the erection of the new structure. Such material shall not be cut or otherwise damaged except with the approval of the Engineer.

END OF SECTION 104

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104 - 6 SECTION 105

CONTROL OF WORK

105.01 AUTHORITY OF THE ENGINEER: The ENGINEER will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications.

The ENGINEER will have the authority to suspend the work wholly or in part due to the following: • Failure of the CONTRACTOR to correct conditions unsafe for the workmen or the general public. • Failure to comply with the technical provisions of the contract. • Failure to carry out orders. • For such periods as he may deem necessary due to unsuitable weather. • For conditions considered unsuitable for the prosecution of the work.

Whenever the CONTRACTOR fails to carry out orders of the ENGINEER, the ENGINEER will have executive authority to enforce such orders and his decision will be final. In the event the CONTRACTOR fails to execute work ordered in writing by the ENGINEER within a reasonable period of time, the ENGINEER may proceed to have such work performed and the cost thereof shall be deducted from compensation due or which may become due the CONTRACTOR on the Contract.

Decisions of the ENGINEER shall be subject to appeal to the Board, whose decisions shall be final and conclusive. Such appeal shall be in writing and shall be made within ten (10) calendar days, but in the meantime the CONTRACTOR shall diligently proceed with the work.

105.02 PLANS AND WORKING DRAWINGS: The Contract drawings have the title and/or drawing numbers as follows:

350 BASIC ROAD SEWER RELOCATION Contract No.: 2018-00-1421 PWP-CL-2018-124

Drawing revisions and/or additional drawings or sketches will be made and furnished to the CONTRACTOR if they are deemed necessary to adequately illustrate the work. All such supplementary and revised drawings, those, which do not change the Contract amount, automatically become a part of this Contract.

A CD containing an electronic PDF copy of the contract documents will be furnished to the CONTRACTOR after the Contract has been executed by the CONTRACTOR and the CITY and prior to the Pre-Construction meeting. The CITY will not be providing the CONTRACTOR hard copies of the Contract Documents.

The Contract plans and drawings do not purport to show all the details of the work. They are intended to illustrate the character and extent of the performance desired under the Contract, therefore, they may be supplemented or revised from time to time, as the work progresses, by

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105 - 1 the ENGINEER or (subject to approval of the ENGINEER) by the CONTRACTOR. The CONTRACTOR will keep one set of plans available on the work at all times.

The plans will be supplemented by such working drawings as are necessary to adequately control the work. The CONTRACTOR shall furnish working drawings for structures as required in Section 105.02.01 “Submittals.”

105.02.01 DIFFERING SITE CONDITIONS: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CITY in writing of unknown physical conditions. The CITY will investigate such conditions and determine if an increase or decrease in the CONTRACTOR’S cost or time required for performance of any part of any work under the Contract is warranted. When required, an equitable adjustment will be made and the Contract modified in writing accordingly. No claim of the CONTRACTOR under this section will be allowed unless the CONTRACTOR has given the required written notice.

The CONTRACTOR shall assume all risk of an increase cost for, caliche or cemented or well- cemented calcareous soil conditions or to rock conditions, whether such conditions are encountered at the surface or subsurface at any time during construction of this Contract, unless otherwise shown in the Bid and Unit Price Form in the Bid.

Any condition for which the CONTRACTOR seeks an equitable adjustment must be shown by a preponderance of evidence to pre-date the Notice to Proceed. No equitable adjustment will be made for conditions, which differ due to weather or Acts of God occurring subsequent to the Notice to Proceed.

No equitable adjustment will be made for differing conditions attributable to man if caused by the CONTRACTOR or its Subcontractors after the Notice to Proceed.

105.02.02 PRE-CONSTRUCTION REVIEW OF THE JOB SITE: Prior to the onset of construction, the CONTRACTOR shall video the existing conditions of the job site and adjacent areas that could be impacted by the work, in the presence of the CITY. The video documentation shall be completed on DVD. This video should include a time date stamp indicating when the video was recorded. The CONTRACTOR shall supply the video equipment and videotape for the recording and provide one copy of the tape(s) to the CITY within one week of taping.

105.02.03 DAILY ACTIVITY REPORT: Commencing with the date of Notice to Proceed, which shall be considered as Contract Day No. 1, the CONTRACTOR shall prepare and forward to the CITY a Daily Activity Report. This report shall contain not less than the following data: • CONTRACTOR. • Contract name and number. • Contract day, date and shift. • All personnel engaged in the Contract, including management, supervisory, clerical, engineering and manual. • An exact count of personnel hours by trade, craft, duties, CONTRACTOR or Subcontractor. • Exact accounts of all equipment that is on site or committed to the Contract, indicating hours worked and idle.

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105 - 2 • All personnel hours and equipment hours shall be identified by the activity number or node displayed in the approved construction schedule. • List all accidents. • List all Subcontractors active on site. • Name and Signature of CONTRACTOR’S Authorized Representative. • Work performed, including area (i.e. - station). • Conflicts encountered.

The CONTRACTOR shall execute a Daily Activity Report for each Contract day, for each shift, whether work takes place or not. Report shall be submitted to the CITY either at the end of each working day or the following morning prior to the start of operations.

105.02.04 SUBMITTALS: General: The CONTRACTOR shall furnish eight (8) copies of each submittal to the CITY for review. The term "Submittal" as used herein shall be understood to include, but not be limited to, detailed design calculations, shop drawings, fabrication and installation drawings, erection drawings, lists, graphs, operating instructions, catalog sheets, data sheets, material specification and specifications, mix designs and similar items. The CONTRACTOR shall use the City’s Standard SHOP DRAWING SUBMITTAL FORM as a cover sheet for submittals. This sheet is provided at the end of this section. No portion of the work, which requires a submittal, shall be commenced until the submission has been reviewed and returned as acceptable by the CITY. Submittal data shall be tendered to the CITY, THIRTY (30) calendar days prior to the scheduled beginning date of that activity, unless otherwise indicated herein. For projects with construction durations of SIXTY (60) days or less, all submittals shall be made within SEVEN (7) working days of award.

All CONTRACTOR submittals shall be carefully reviewed by an authorized representative of the CONTRACTOR, prior to transmittal to the CITY. Such responsibility shall not be delegated in whole or part to Subcontractors or suppliers. Each submittal shall be dated, signed, and certified by the CONTRACTOR as being correct and in strict conformance with the Contract Documents with the exception of all noted deviations. No consideration for review by the CITY will be made for any items, which have not been so certified by the CONTRACTOR. All non- certified submittals will be returned to the CONTRACTOR without action taken by the CITY, and any delays caused thereby shall be the total responsibility of the CONTRACTOR.

The CONTRACTOR is to provide a space on the submittal for both the CONTRACTORS and CITYS review stamp. The CITYS review of the CONTRACTORS submittals shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in the CONTRACTORS submittals and shall be responsible for the dimensions and the design of adequate connections and details. It is the CONTRACTORS responsibility to ensure that there is no conflict with other submittals and notify the CITY in each case where its submittal may affect the work of another contractor or the CITY. The CONTRACTOR shall ensure coordination of submittals among the related crafts and Subcontractors.

Transmittal: A separate transmittal form shall be used for each specified item, class of material, and equipment. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers.

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105 - 3 Information such as the job number, date submitted, specification section (including paragraph and subparagraph), pertinent drawing and detail numbers, submittal description and CONTRACTOR, Subcontractor or supplier must be included on the transmittal sheet. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted.

Original submittal numbers shall have the following format: “XXX-Y” where “XXX” is the sequential number assigned by the CONTRACTOR and “Y” is the sequential letter assigned for revisions. For example, the first submittal 14-A represents the first submission of submittal 14, and 14-B is the second submission of submittal 14 (or the first re-submittal).

Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's "Package" or are so functionally related that expediency indicates review of the Group or Package as a whole. A multiple-page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the CITY.

City’s Review: Except as may otherwise be provided herein, the CITY will return five (5) prints of each submittal to the CONTRACTOR, with comments noted thereon, within fourteen (14) calendar days or seven (7) working days for projects with construction durations of 60 days or less, following their receipt by the CITY. Submittals requiring NDOT review and approval shall be exempt from the 14 - calendar day review processing period; however, such submittals shall be handled as expeditiously as possible.

The review of drawings by the CITY will be limited to checking for general agreement with the Contract Documents, and shall in no way relieve the CONTRACTOR of responsibility for errors or omissions contained therein. The review by the CITY shall not waive or modify any provision contained in the Contract Documents. The CITY may request as part of the submittal, additional information, calculations, samples, and performance criteria. The following comments and corresponding actions by the CONTRACTOR shall be applied to all submittal reviews:

(1) If a copy of a submittal is returned to the CONTRACTOR marked "NO EXCEPTIONS TAKEN," then the submittal is satisfactory and no revision and resubmission of said submittal is required.

(2) If a copy of a submittal is returned to the CONTRACTOR marked "MAKE CORRECTIONS NOTED," then minor corrections are required by the CONTRACTOR, but no formal revision and resubmission of said submittal will be necessary.

(3) If a copy of a submittal is returned to the CONTRACTOR marked "AMEND-RESUBMIT," the submittal is rejected because of inconsistencies or errors and the CONTRACTOR shall revise and resubmit 8 copies of the submittal to the CITY.

(4) If a copy of a submittal is returned to the CONTRACTOR marked "REJECTED-RESUBMIT," then the submittal does not conform to the drawings and specifications in major respects and the CONTRACTOR shall revise and resubmit 8 copies of the submittal to the CITY.

It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal to the CITY by the second submission. The CITY will return all re-submittals within

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105 - 4 fourteen (14) working days. The CONTRACTOR shall highlight any and all corrections in the re-submittal for easy reference by the CITY. The CITY reserves the right to withhold monies due the CONTRACTOR to cover additional costs of the CITYS review beyond the second submittal. The CONTRACTOR shall have no claim for damages or extension of time due to any delay resulting from the CONTRACTOR having to make the required revisions.

Fabrication of an item may be commenced only after the CITY has reviewed the pertinent submittals and returned copies to the CONTRACTOR marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis of claims for extra work.

The CITYS review of shop drawing submittals shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions. The CONTRACTOR shall assume all responsibility and risk for misfits due to errors in the CONTRACTOR submittals.

The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details. Fabricating dimensions, quantities of materials, applicable code requirements and other Contract requirements shall be the CONTRACTORS responsibility.

Deviations: If the submittals show any deviations from the Contract requirements, the CONTRACTOR shall tender with the submittal a written description of such deviations and the reasons therefore.

If the CONTRACTOR does not note deviations from the Contract requirements on the submittal, the review of the shop drawing shall not constitute acceptance of such deviations.

Mix Designs: Submit mix designs as specified for all plantmix bituminous pavements and Portland Cement concrete. Separate mix designs shall be prepared for each class and compressive strength of Portland cement concrete, and for each type and grade of plantmix bituminous pavement. Rejection of a mix design shall not be grounds for extension of Contract time or incidental damages.

Unless otherwise required, all asphalt and concrete mix designs shall be current IQAC Qualified Source List. See http://www.co.clark.nv.us/pubworks/iqac/IQAC.ht

Documentation and certifications for all materials used in the mix shall be submitted with the mix design. These shall include, but are not limited to Portland cement, admixtures, curing compounds, asphalt, and mineral fillers.

105.02.05 CONTRACTOR’S REQUEST FOR INFORMATION (RFI): General: In the event that the CONTRACTOR determines that some portion of the Contract Documents requires additional information or interpretation, the CONTRACTOR shall submit a written statement to the CITY requesting clarification on the issue. The CONTRACTOR must provide such request to the CITY immediately upon discovery. Prior to the submittal of the RFI the CONTRACTOR shall carefully study and review the Contract Documents to ensure that the requested information is not contained therein. Submit only one issue to be clarified per form.

The CONTRACTOR shall use the City’s STANDARD REQUEST FOR INFORMATION FORM as a cover sheet for submittals. This sheet is provided at the end of this section.

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105 - 5

The CONTRACTOR must include in a properly written RFI the following information: • Contract number and title, RFI number (sequentially numbered), date, person requesting clarification and signature. • A clear and concise summary of the issue in question and why further clarification or information is required from the CITY. • The drawing number shall be identified and the location on the drawing sheet. • The specification section, page number, and paragraph shall be identified. • Where applicable, the CONTRACTOR shall include his own interpretation of the drawings or specifications and why he believes such an understanding is correct. • In cases requesting clarification of coordination issues, the CONTRACTOR shall include a suggested solution with necessary drawings or sketches with the RFI.

Only RFI’S submitted by the CONTRACTOR will be accepted. Any clarifications required by the Subcontractors, Manufacturers, or Suppliers of the CONTRACTOR must be properly routed through the CONTRACTOR to the CITY on the appropriate form. All RFI’S must be limited to clarifications of the Contract documents.

RFI’S shall not be used for the purpose of notifying the CITY of the following: • To request approval of submittals. • To request approval of substitutions. • To request changes which entail additional cost or credit. • To request methods of performing work different than those shown or specified.

If the CITY determines that the RFI is not in relation to clarifications relating to the Contract Documents, such RFI will be returned to the CONTRACTOR with an explanation, which may include references to other sections within the Contract for the CONTRACTOR to follow.

Improper or Frivolous RFI’S: RFI’S that are not properly prepared as detailed above, or request information that is clearly shown in the Contract Documents, will be returned to the CONTRACTOR labeled as either Improper or Frivolous with the reasons for such determination.

Any additional costs incurred by the CITY, as a result of unnecessary review by the Design Consultant or CITY, may be deducted from money still due the CONTRACTOR. The Design Consultant’s standard hourly rate will apply. Prior to processing a Contract deduction, the CONTRACTOR will be notified.

Response to RFI’S: After receipt of the RFI, the CITY will be allowed fourteen (14) calendar days to review and respond to the issue. If the CITY requires additional time, the CONTRACTOR will be notified in writing.

Responses by the CITY shall not be interpreted as authorization to proceed with extra work. If the CONTRACTOR believes additional cost or time is involved from the clarification provided by the CITY, the CONTRACTOR shall notify the CITY in writing that a change order is required and state the reasons for his belief that this work constitutes a change in his Contractual requirements. At no point in time is the CONTRACTOR to proceed with extra work without the written consent of an authorized representative of the CITY. See section 109.03 “Extra and Force Account Work” for additional clarification of procedures.

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105 - 6 105.03 CONFORMITY WITH PLANS AND SPECIFICATIONS: Work performed and materials furnished shall be in conformity with the lines, grades, cross sections, dimensions, and materials requirements, including tolerances, shown on the plans or indicated in the specifications.

In the event the CITY finds the materials or the finished product in which the materials are used not in conformity with the plans and specifications, but that acceptable work has been produced, he shall then make a determination if the work shall be accepted and remain in place. In this event, the CITY will document the basis of acceptance by contract modification concurred in by the CITY which will provide for an appropriate adjustment in the contract price for such work or materials as he deems necessary to conform to his determination based on engineering judgment.

Any materials used or the work performed are not in conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the CONTRACTOR.

105.04 COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL SPECIFICATIONS, AND SPECIAL PROVISIONS: Conflicts, discrepancies, errors, or omissions among the various Contract Documents shall be submitted immediately by the CONTRACTOR to the CITY for clarification and such clarification by the CITY shall be final. Work affected by conflicts, discrepancies, errors, or omissions, who is performed by CONTRACTOR prior to clarification, shall be at CONTRACTORS risk and expense.

In case of discrepancy, the following precedence shall govern: • Permits & Codes from other agencies as may be required by law • Change Orders • Addenda • Special Provisions • Supplementary Specifications • Drawings (with later revisions taking precedence) • Standard Drawings • Standard Specifications • Reference Specifications

Detailed plans shall have precedence over general plans. The CONTRACTOR shall take no advantage of any apparent error or omission in the plans or specifications.

In the event the CONTRACTOR discovers such an error or omission, he shall immediately notify the ENGINEER. The ENGINEER will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications.

105.04.01 REFERENCE SPECIFICATIONS AND DRAWINGS: These Supplementary Specifications provide special provisions which modify the General Requirements of the Uniform Standard Specifications for Public Works’ Construction Off-site Improvements, Clark County Nevada, latest edition.

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105 - 7 Whatever references are made in the Contract to standards or codes in accordance with which work is to be performed or tested, the latest edition or revision effective on the date of this Contract shall apply, unless otherwise expressly set forth.

The following technical specifications are hereby included in this Contract as reference specifications for the purpose of project construction:

• The “Uniform Standard Specifications for Public Works Construction Off-Site Improvements, Clark County Area, Nevada, latest edition”, and all revisions through date of advertisement constitute the “Standard Specifications” for this project. It is an integral part of the Contract and is hereby incorporated by reference. All requirements and provisions of said specifications be adhered to in the performance of this Contract, except where otherwise provided herein or otherwise shown on the Contract Drawings.

• Likewise, the “Uniform Standard Drawings for Public Works’ Construction Off-Site Improvements, Volumes I and II,” latest edition, as revised, constitute the “Standard Drawings” for this project. Said Standard Drawings shall be adhered to in the performance of this Contract, except where otherwise provided herein or otherwise shown on the Contract Drawings.

• The current revision must be used at the time of bid date and can be verified through the Regional Transportation Commission at (702) 676-1500 or through the Internet at www.rtcsouthernnevada.com. NOTE: It is the bidder’s responsibility to acquire the latest revisions to the “Standard Specification” and “Standard Drawings”. Copies of the above referenced “Standard Specifications” and “Standard Drawings” may be purchased from the Regional Transportation Commission, 600 South Grand Central Parkway, Las Vegas, Nevada 89106.

• All barricading and temporary traffic control signing for the project shall be in accordance with the latest edition of the “Guidelines for Traffic Control in Work Zones” and “Traffic Control Plans for Highway Work Zones” as included in the Standard Drawings.

• The “Manual on Uniform Traffic Control Devices (M.U.T.C.D.)”, latest edition is also an integral part of this Contract and is hereby incorporated by reference. Copies are available at the Office of the Engineer, or may be obtained from the U.S. Government Printing Office, Washington, D.C., 20402.

• Work on any public utilities shall be performed in accordance with the Standard Specifications except where modified by the utilities’ own standards.

• Standard Specifications for Road and Bridge Construction, State of Nevada, Department of Transportation, 2001 edition. Copies may be purchased from the Nevada Department of Transportation, 1263 South Stewart Street, Carson City, Nevada 89712.

• Standard Highway Signs, Nevada Supplement, State of Nevada, Department of Transportation, 1997 English-unit edition.

• AASHTO Standard Specifications for Highway Bridges, Latest Edition.

• All work shown on the Contract Drawings, which refer to the State of Nevada Standard Plans shall be constructed in accordance with the latest edition of the “State of Nevada Standard Plans for Road and Bridge Construction”.

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105 - 8 • All work on water distribution facilities shall be in accordance with the “Uniform Design and Construction Standards for Water Distribution Systems”, latest edition, as published by the Las Vegas Valley Water District.

• All work on waste water collection systems shall be in accordance with the “Design and Construction Standards for Wastewater Collection Systems, latest edition, published by the Clark County Sanitation District.

105.05 COOPERATION BY CONTRACTOR: At the Pre-Construction Conference, the CONTRACTOR shall provide the CITY an Organization Chart of the CONTRACTOR’S Project Team for the project, including responsibilities of all related personnel. At a minimum, this organizational chart should include the Project Manager, Project Superintendent, Safety Representative, Scheduler and Owner or Partner of the Construction Company under Contract. Phone numbers or instructions on how to contact key personnel must be provided. All key personnel as identified in the organizational chart are required to have assumed the same level of responsibility on three (3) projects of similar scope and magnitude. The Superintendent and Project Manager shall be assigned to this and only this project on a full time basis unless otherwise approved in writing by the CITY.

An Authorized Representative must be designated, with a clear definition of the scope of this individual’s authority to represent or act on behalf of the CONTRACTOR. Any limitations in the authority of this designated representative must also be clearly delineated. At all times when work is underway at the job site, the CONTRACTOR’S Project Manager or Superintendent shall be present at the job site to supervise the work. The CONTRACTOR shall also supply an alternative Authorized Representative to act on his behalf in an emergency situation or if the prime Authorized Representative is unavailable for any reason. The limits and extent of this individual’s authority to act of the CONTRACTOR’S behalf must also be clearly defined. All instructions, determinations, notices and other communications given to the Authorized Representative of the CONTRACTOR shall be binding upon the CONTRACTOR. An Authorized Representative must be available by cell phone and/or radio on a twenty-four (24) hour a day, seven (7) days a week basis throughout the course of the Contract.

In the event that no Authorized Representative is available in an emergency situation requiring the CONTRACTOR’S action or should the CONTRACTOR fail to respond within two (2) hours, the CITY may take the appropriate actions to remedy the situation at the CONTRACTOR’S expense. The CONTRACTOR, by failing to respond to the call, shall waive any rights to claims caused by the CITY’S actions.

All key personnel as described in the CONTRACTOR’S organizational chart must be approved by the CITY prior to the commencement of work on the project. Resumes of key personnel should include related experience on three previous projects of similar magnitude and complexity. In the event that a member of the project team proves to be unsatisfactory to the CONTRACTOR and ceases to be in his employ, all substitutions must be reviewed and approved by the CITY. The CONTRACTOR shall not replace any key personnel without prior approval by the CITY.

The CONTRACTOR shall give the work constant attention necessary to facilitate the progress thereof, and shall cooperate with the ENGINEER, his inspectors, and other contractors in every way possible.

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105 - 9 Whenever the CONTRACTOR or his authorized representative is not present on any particular part of the work, the ENGINEER is authorized to provide orders to the CONTRACTORS superintendent, foreman, or other person in charge of the operation. These orders shall have the same force and effect as if given to the CONTRACTOR or his designated representative.

Any order given by the ENGINEER, not otherwise required by the specifications to be in writing, will on request of the CONTRACTOR be given or confirmed by the ENGINEER in writing.

105.06 COOPERATION WITH UTILITIES: The ENGINEER has researched known substructure records, which describe the location of utility substructures and has indicated on the plans for those substructures, except for service connections, which may affect the work. The CITY and the ENGINEER do not guarantee that all existing utilities are shown on the Contract Documents or that those shown are shown correctly.

At least five (5) working days before entering on the work, the CONTRACTOR shall notify all utility owners to mark or otherwise indicate the approximate location of their subsurface facilities including, but not limited to, structures and main conduits. Notification shall be by calling UNDERGROUND SERVICE ALERT at 1-800-227-2600 or 811. However, the CONTRACTOR shall directly contact utility owners if required or if there is reason to believe any utility has not been marked or has been improperly marked. The CONTRACTOR shall be responsible for re- contacting utility owners through UNDERGROUND SERVICE ALERT or directly, as appropriate, if required for coordination, remarking, or otherwise during the various stages of construction.

• UNDERGROUND SERVICE ALERT (USA) at 1-800-227-2600 or 811; • SAFETY ALERT- CALL BEFORE YOU OVERHEAD at (702) 227-2929; • Southwest Gas at (702) 365-2014 • CenturyLink Communications at (702) 244-7853 • Cox Communications at (702) 384-8084 • Southern Nevada Water Authority (SNWA) at (702) 862-3400 • NV Energy Distribution (NVE Dist.) at (702) 402-6799 • NV Energy Transmission (NVE Trans) at (702) 227-2317 • Basic Water Company at (702) 567-0463 • City of Henderson Utility Services at (702) 267-2530

It shall be the CONTRACTOR’S responsibility to determine the horizontal and vertical locations of all existing utilities, which approximate locations have been marked (or otherwise indicated) by the respective owner or have been shown on the Contract Drawings and which may affect or to be affected by the CONTRACTOR’S operations.

Existing underground utilities shall be located by “pothole excavation” by the CONTRACTOR prior to any other excavation on the project if they: • Appear to cross over or under the proposed work • Appear to be within ten (10) feet horizontally of proposed work • Are within the base course or backfill for the proposed work.

Other underground utilities, which may be affected by the CONTRACTOR’S operations, shall be located by “pothole excavation” by the CONTRACTOR prior to any other

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105 - 10 excavation in the vicinity of the existing utilities. Said pothole excavation shall include the limits of the entire proposed work and the limits of all operations necessary to complete the work.

The CONTRACTOR shall include a “pothole excavation” schedule in his required submittals which details what utilities will be potholed and approximately when. The CONTRACTOR shall notify the ENGINEER and utility owners of the precise time of potholing operations at least two (2) working days prior to the excavations.

The CONTRACTOR shall make horizontal and vertical measurements with survey techniques and equipment sufficient accuracy to determine top, bottom, and sides of utilities within one (1) foot horizontally and 1/100 (0.01) of a foot vertically. The CITY will provide a benchmark with the horizontal and vertical information to aid in determining the location of utilities.

The CONTRACTOR shall mark and keep a set of Contract Drawings, which accurately show the field located utilities and highlight any discrepancies with the original drawings. Said drawings shall be kept current (showing the results of potholes within 24 hours of uncovering a utility) and shall be available to the ENGINEER for inspection and duplication as required. If the CITY is providing construction staking, and the CONTRACTOR request the CITY provide the survey information on the potholed utilities, the CONTRACTOR is still responsible for determining that the utilities are clear of the proposed work and all operations to complete the work.

The CONTRACTOR shall not interrupt the service function or disturb the supporting base of any utility without written authority from the owner of the utility or an order from the CITY. Where protection is required to ensure support of utilities, the CONTRACTOR shall unless otherwise provided, furnish and place the necessary protection at his expense.

During the performance of Contract work, the owner of any utility affected by the work shall have the right to enter, when necessary, upon any portion of the work for the purpose of maintaining service and making changes in, or repairs to, said utility.

When feasible, the owners responsible for utilities within the area affected by the work shall complete their necessary installation, relocations, repairs or replacements before commencement of work by the CONTRACTOR. When the Contract Drawings indicate that a utility installation is to be relocated, altered or constructed by others, the CITY will make every attempt possible to have this work completed prior to the Notice to Proceed. If this work is not completed prior to the Notice to Proceed, the CONTRACTOR shall coordinate with the utility and include the relocation time on the project schedule.

A utility company installing a new line is responsible for relocation of other companies’ facilities if the new line conflicts with existing utility locations.

The CONTRACTOR shall notify the CITY immediately of any utility, which appears to be in conflict with the proposed work. Failure of the CONTRACTOR to abide by the requirements of this section may result in the CITYS withholding of payment for any bid item which requires excavation until such item has been 100% successfully completed and any utility conflicts have been successfully resolved at the CONTRACTOR’S expense.

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105 - 11 Failure for the CONTRACTOR to abide by the requirements of this section may also result in forfeiture of any payment which might otherwise be due the CONTRACTOR for “extra work” (as defined in these specifications) resulting from the utility conflicts.

The CONTRACTOR may, for his own convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The CITY will not be involved in any such agreement.

The CONTRACTOR shall notify the CITY of his construction schedule as it affects the protection, removal, relocation, obstruction, or alteration of utilities. Said notifications shall be in writing and shall be included as a part of the construction schedule.

He shall notify the CITY in writing of any subsequent changes in his construction schedule, which will affect the time available for protection removal or relocation of utilities.

Where underground main distribution conduits are shown on the Contract Drawings, the CONTRACTOR, for the purpose of preparing his bid, shall assume that every parcel is served by a service connection for each type of utility and that CONTRACTOR shall be responsible for preserving or repairing them. When placing concrete around, or contiguous to, any utility installation, the CONTRACTOR, at his own expense shall:

• Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or

• Provide a sleeve or other opening which will result in a 2-inch minimum clear annular space between the concrete and the utility; or

• Provide other acceptable means to prevent bonding to the concrete.

Unless otherwise specified, the standards of the affected utility company shall prevail.

Unless otherwise specified, the CONTRACTOR shall remove all interfering portions of utilities shown on the plans or indicated in the drawings as “abandoned” or “to be abandoned in place.” Before starting removal operations, the CONTRACTOR shall ascertain from the CITY whether the abandonment is complete.

The CONTRACTOR shall relocate all interfering portions of utilities shown in the plans as indicated in the bid documents as “to be relocated by the CONTRACTOR.” The cost involved in the relocation shall be absorbed in the bid for the items of work necessitating such removals, if a specific bid item is not provided for relocation.

The relocation of such service connections will be paid for in accordance with provisions and Section 105.09, “Construction Interference,” unless specifically included in a bid item. Payment will include the restoration of all existing improvements, which may be affected thereby. The CONTRACTOR shall immediately notify the CITY and the utility owner if he disturbs or damages any utility.

When necessary, the CONTRACTOR shall so conduct his operations as to permit access to the work site and provide time for utility work to be accomplished during the progress of the contract work. The daytime shutdown of waterlines for relocation and/or adjustment shall be limited to a maximum of eight hours between 8:00 am and 4:00 pm.

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105 - 12 Construction interferences shall consist of any utility or service connection that is required to be disturbed, modified, relocated, or removed to permit the construction of a pipeline or other structure as specified in or shown in the drawings.

When the CONTRACTOR encounters a construction interference that has been incorrectly shown or omitted from the Contract Drawings, the CONTRACTOR shall immediately notify the CITY.

The CONTRACTOR shall not shut off the water supply to a hydrant or operate any portion of the public maintained water system without securing written permission to do so from the proper authorities.

All cost for providing standby personnel and equipment and for uncovering buried facilities shall not be paid for separately but shall be considered incidental to the items of work associated with the burial except for service connections, which may affect the work.

When the plans or specifications provide for the CONTRACTOR to alter, relocate, or reconstruct a utility, the bid prices shall include the cost of any temporary bypasses that may be required by the affected utility if a sanitary sewer bypass is necessary, work shall not commence until a sanitary sewer bypass plan has been submitted and approved by the responsible utility.

It is the CONTRACTOR’S responsibility under Section 102.05 to satisfy himself prior to bidding as to the requirements of each utility and utility modification.

The CONTRACTOR must maintain all traffic utilities in place.

105.07 COOPERATION BETWEEN CONTRACTORS: The CITY reserves the right at any time to contract and perform other or additional work on or near the work covered by the contract.

When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by the other contractors. Contractors working on the same project shall cooperate with each other as directed.

Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract. They shall protect and save harmless the CITY from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project.

The CONTRACTOR shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of other contractors within the limits of the same project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.

Nothing in the Contract shall be interpreted as granting to the CONTRACTOR exclusive occupancy of the site of the project. It is the responsibility of the CONTRACTOR to become familiar with any work within or adjacent to this Contract that might affect construction activities. The CONTRACTOR is responsible for properly scheduling and coordinating all of the activities on this project and insuring that the project will not be delayed by any lack of coordination/cooperation between the CONTRACTOR, his Subcontractors, and any other

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105 - 13 contractors performing work within or adjacent to this project. The CONTRACTOR may contact the CITY to schedule a time to examine drawings of all current and upcoming projects that may affect the CONTRACTOR’S work.

It is the CONTRACTOR’S responsibility to research and become familiarized with all current and upcoming construction projects prior to bid. The CONTRACTOR agrees to include all costs associated with the successful coordination of its operations with other contractors in its bid price. No additional compensation will be granted to the CONTRACTOR for failing to research and coordinate with other contractors and adjacent work.

105.08 CONSTRUCTION STAKES, LINES AND GRADES: The cost of construction staking work required of the CONTRACTOR shall be included in the cost of the work to complete the Project.

When a change is made in the finished elevation of the pavement of any roadway in which a permanent Type I survey monument is located, the CONTRACTOR shall adjust the monument cover to the new grade unless otherwise specified. The cost of adjustment shall be considered incidental to other items of work and no direct payment shall be made.

The construction stakes shall constitute the field control by and in accordance with which the CONTRACTOR shall execute the work, and the initial staking will be furnished at no expense to the CONTRACTOR. The CITY will set additional stakes, if required and requested by the CONTRACTOR; however, costs for setting said additional stakes shall be paid by the CONTRACTOR and will be deducted from any amounts due or to become due the CONTRACTOR. After stakes and marks have been set it shall be the responsibility of the CONTRACTOR and his employees to protect the stakes and marks against vandalism and/or destruction.

The CONTRACTOR shall construct the work in accordance with the CITY’S stakes and marks, making use of them before they are disturbed, and shall be charged with full responsibility for conformity and agreement of the work with such stakes and marks.

Work upon completion shall conform to the lines, elevations, and grades shown on the plans, or as ordered by the CITY.

Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected.

Any such variation shall be reported to the ENGINEER. In the absence of such report, the CONTRACTOR shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The CONTRACTOR shall transfer them to the bottom of the trench.

105.09 CONSTRUCTION INTERFERENCES: Construction interference’s shall consist of any utility or service connection that is required to be disturbed, modified, relocated, or removed to permit the construction of a pipeline or other structure as specified in the Contract.

Such disturbance or removal shall be done only with the approval of the CITY and following notification to the CITY of the interfering utility or service connection.

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105 - 14 Any such utility or service connection removed or otherwise disturbed shall be reconstructed as promptly as possible in its original or other authorized location. The utility shall be in at least as good a condition as when found and shall be subject to the review and approval of the CITY.

The CONTRACTOR’S responsibility under this subsection to remove or replace shall apply even in the event such damage or destruction occurs after back filling or is not discovered until after completion of back filling. The Owner of the utility or service connection shall be notified immediately after damage or destruction occurs or is discovered.

Additional cost shall only be considered if such utility was not identified on the plans or was not reasonably identifiable by the CONTRACTOR prior to bid. The CITY does not purport that the plans show the exact location of all utilities.

All costs involved in removing, relocating, protecting, supporting, repairing, maintaining, or replacing a utility or service connection shall be borne by the CONTRACTOR.

When the CONTRACTOR encounters construction interference the CONTRACTOR shall immediately notify the CITY. The CITY will examine the extent and issues surrounding the interference and will notify the CONTRACTOR within 24 hours of its assessment after which the CONTRACTOR shall continue with the work, including the removing, relocating, protecting, supporting, repairing, maintaining, or replacing of the construction interference.

The CONTRACTOR shall exercise extreme care so as not to damage new or existing buried utilities, which do not physically constitute construction interference and shall utilize equipment throughout his construction operations so that new and existing utilities are not damaged.

The CONTRACTOR shall be responsible for costs of removing, relocating, protecting, supporting, repairing, maintaining, or replacing new or existing facilities damaged by his operations as determined by the CITY.

105.10 DUTIES OF THE INSPECTOR: Inspectors for the CITY will be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. The inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act in any capacity for the CONTRACTOR.

105.11 INSPECTION: All materials and each part or detail of the work shall be subject to inspection by the CITY. The CITY shall be provided acceptable access to all parts of the work and shall be furnished with such information and assistance by the CONTRACTOR as required making a complete and detailed inspection.

Site Investigation and Control: Prior to bid, the CONTRACTOR shall check and verify all dimensions and conditions in the field as well as any appurtenant work. Any conditions that will prevent proper completion of the work or any conflicts that may exist from what is stated in the Contract Documents shall be reported to the CITY within seven (7) calendar days of the bid date.

Failure to report such conditions shall constitute acceptance of all site conditions, and any required removal, repair or the CONTRACTOR at the CONTRACTOR’S expense shall perform replacement caused by unsuitable conditions.

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105 - 15

The CONTRACTOR shall be solely responsible for any inaccuracies built into the work due to either the CONTRACTOR’S or Subcontractor’s failure to comply with this requirement.

Inspection of the Work: All work performed under this Contract shall be inspected by the CITY and any nonconforming work or safety hazards shall be noted and immediately corrected. The CONTRACTOR is responsible for safely performing the work in conformance with the Contract Documents.

The work shall be conducted under the observation and inspection of the CITY to ensure strict compliance with the requirements of the Contract Documents. Such inspections may include mill, plant, shop, or field inspections as required. The CITY shall be permitted continuous and complete access to all parts of the work, including plants where materials or equipment are manufactured or fabricated.

The presence of the CITY, or his designated representatives, shall not relieve the CONTRACTOR of the responsibility for the proper execution of the work in accordance with the Contract Documents. No act or omission on the part of the CITY or his designated representative shall be construed as relieving the CONTRACTOR of this responsibility. Nonconforming work may be accepted at the discretion of the CITY when adequate compensation is offered.

No materials or articles furnished by the CONTRACTOR or Subcontractors shall be used in the work until they have been inspected and accepted by the CITY. No work shall be back filled, buried, cast in concrete, covered, or otherwise hidden until it has been inspected and any work covered without prior inspection shall be subject to uncovering. When uninspected work can not be easily uncovered, such as concrete cast over reinforcing steel, all such work shall be subject to demolition, removal and reconstruction under proper inspection. All costs associated with the removal of uninspected material shall be at the sole expense of the CONTRACTOR.

Any materials or articles designated in the Contract Documents as to be furnished by the CITY, the CONTRACTOR shall inspect the materials or articles prior to bid. The CONTRACTOR shall inform the CITY in writing within seven (7) calendar days prior to bid of the inspection results.

In the event the CONTRACTOR believes any material or articles provided by the CITY are of insufficient quantity and/or quality for use in the work, then the CITY should be notified within seven (7) calendar days prior to bid.

Sampling and Testing: The City reserves the right to waive tests or quality assurance measures. Waiver of any specific testing or other quality assurance measure, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial work, shall not be construed as a waiver of any technical or qualitative requirements of the Contract Documents.

Right of Rejection: The City shall have the right at all times and places to reject any articles or materials to be furnished hereunder which, in any respect, fail to meet the requirements of the Contract Documents, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the work at the site. The Contractor

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105 - 16 shall immediately remove or replace rejected articles or materials from the site of the work after notification of rejection. All costs of removal and replacement of rejected articles or materials shall be borne by the Contractor.

Failure to remove and replace rejected work shall be considered a breach of this Contract. If the Contractor shall fail or neglect to make ordered repairs of defective work or to remove condemned materials from the work within ten (10) days after the service by the City of an order to do such repair work or remove such materials, the City may make the ordered repairs or remove the condemned materials and deduct the cost thereof from any money due the Contractor.

105.12 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: All work which does not conform to the requirements of the contract will be considered as unacceptable work, unless otherwise determined acceptable under the provisions in Subsection 105.03, "Conformity with Plans and Specifications."

Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause, found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner.

Work done contrary to the instructions of the CITY, work done beyond the lines shown on the plans, or as given except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the CONTRACTOR'S expense.

Upon failure on the part of the CONTRACTOR to comply forthwith with any order of the CITY, the CITY will have authority to remedy or remove or replace and unauthorized work and to withhold the costs from any money due or to become due to the CONTRACTOR.

105.13 LOAD AND SPEED RESTRICTIONS: The CONTRACTOR shall be responsible for all damage to the work caused by his hauling equipment.

Load limits established by the CITY for the project shall be complied with regardless of the source of materials, whether from described pits, approved pits or commercial sources. Unless otherwise stated in the special provisions, the maximum loads shall not exceed the limits set forth in Chapter 484 of the Nevada Revised Statutes and all acts amendatory thereto or supplementary thereof.

The CONTRACTOR shall submit his proposed shoring details and the actual loads and axle spacing to the ENGINEER for review prior to the planned hauling. Approval will be based on a review of the shoring details and a physical inspection of the shoring complete and in place.

The ENGINEER shall make sufficient checks to satisfy himself that the CONTRACTOR is complying with all limitations, and any violation shall result in denying the CONTRACTOR use of the structure until the violation has been corrected to the satisfaction of the ENGINEER.

The provision that the CONTRACTOR may haul construction loads greater than legal loads on new structures shall not relieve the CONTRACTOR of his responsibility for all damage caused by his hauling equipment.

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105 - 17 The CITY may, for the protection of the traveling public, establish speed limits on or adjacent to the project. The CONTRACTOR shall strictly observe such limitations of speed.

105.14 MAINTENANCE DURING CONSTRUCTION: The CONTRACTOR shall maintain the work during construction and until the project is accepted, except as provided for in Subsection 104.04, "Maintenance of Traffic," and 107.15, "Relief from Maintenance and Responsibility."

This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the roadway and structures are at all times, to be kept in a condition satisfactory to the ENGINEER.

In the case of a contract for the placing of a course upon a course or sub-grade previously constructed, the CONTRACTOR shall maintain the previous course or sub-grade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the pay items and the CONTRACTOR will not be paid an additional amount for such work.

105.15 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE: If the CONTRACTOR, at any time, fails to comply with the provisions of Subsection 105.14, "Maintenance During Construction," the CITY will immediately notify the CONTRACTOR in writing of such noncompliance.

If the CONTRACTOR fails to remedy unsatisfactory maintenance within twenty-four (24) hours after receipt of such notice, the CITY may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from money due or to become due the CONTRACTOR.

If a condition develops that is dangerous to public safety in the opinion of the CITY, such condition may be immediately remedied with whatever means is available and the cost of this maintenance will be deducted from money due or to become due to the CONTRACTOR.

105.16 FINAL ACCEPTANCE: Substantial Completion Procedures: On the scheduled Substantial Completion date, the CITY and all applicable agencies will review the site for compliance with the Contract documents and the generation of a punch list noting any deficiencies in the work.

In the event the CONTRACTOR believes the actual substantial completion date will differ from that shown on the current schedule, the CONTRACTOR will notify the CITY in writing of this deviation and will provide the new substantial completion date for the coordination of all applicable agency reviews of the project. The CITY will furnish to all participants a copy of the final punch list within 5 calendar days of the walk-through. Upon receipt of the final punch list, the CONTRACTOR shall have 30 days to correct all noted deficiencies. When all punch list items are completed, the CONTRACTOR shall notify the CITY in writing and schedule a final walk-through of the project to verify the correction of said items.

At a minimum, in order to be issued a Notice of Substantial Completion, the CONTRACTOR must accomplish the following items:

• All work necessary for the safe, proper and complete use or operation of the project as intended must be completed.

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105 - 18 • Accurate record drawings for all work completed to date must be submitted and accepted by the CITY.

• All specified warranties, bonds, guarantees and operation & maintenance manuals must be submitted and accepted by the CITY.

• All equipment testing shall be successfully completed (i.e. – signals, gates, etc).

The CITY shall prepare a Notice of Substantial Completion establishing the date of the walk- through as the official date of Substantial Completion, provided that the walk-through has verified that the work is in fact ready for use and occupancy by the CITY.

In the event the CONTRACTOR should fail to achieve Substantial Completion within the designated Contract time or within such additional time as determined by the CITY, then liquidated damages shall be assessed in accordance with section 108.09 “Failure to Complete the work on Time”.

Should the CITY be required to perform second inspection, either punch list or final, because the CONTRACTOR failed to complete the work, then the CONTRACTOR shall compensate the CITY for any cost incurred by the second and any subsequent inspections.

In the event the CONTRACTOR should fail to complete the punch list items within 30 days or within such additional time as determined by the CITY, then the sum designated in Section 108.09 “Failure to Complete the Work on Time.”

Final Completion: Final Completion will be deemed to have occurred when all work is completed including the following:

• All final punch list items have been corrected and signed off by the CONTRACTOR and the CITY during a final walk-through.

• All updates to the record drawings are completed.

• Demobilization and site cleanup are complete, including the removal of all rubbish, unused materials, concrete forms, construction equipment and temporary structures and facilities from the project site.

• All equipment has been properly demonstrated to be functioning as required.

• The CONTRACTOR has furnished to the CITY releases from all parties who are entitled to claims against the subject project, property, or improvement pursuant to the provisions of law.

• No known premium delinquency exists with the CONTRACTOR’S workers’ compensation insurer.

The remaining retention amount will be released following the CITY’S issuance/approval of the Notice of Final Completion provided the above conditions are met. The CITY may at its discretion, withhold the estimated portion of the retention monies needed to finish any of the uncompleted conditions specified above with written notice to the CONTRACTOR.

Partial Utilization: Partial Utilization may be desired at the CITY’S option. If Partial Utilization is requested, the same procedure for completion of that portion of the work as indicated in section (a) above will be used.

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105 - 19 Such use by the CITY shall in no case be construed as constituting final acceptance. Partial utilization by the CITY shall neither relieve the CONTRACTOR of any of its responsibilities under the Contract, nor act as a waiver by the CITY of any of the conditions thereof. The CONTRACTOR shall not be liable for the costs of repairs, rework or renewals which may be required due to ordinary wear and tear resulting from such use.

Unless otherwise mutually agreed upon in writing between all parties, warranty period for such remedial action shall be for twelve (12) months after occupancy by the CITY.

Closeout Procedure: The CITY and CONTRACTOR shall meet and resolve all outstanding issues including, but not limited to: • Claims and adjustments for time or costs; • Outstanding, unused allowances; • Procedures for handling warranty issues

A Final Change Order shall be processed if required. Final payment and close out procedures shall comply with all requirements of the Contract Documents.

Final Submittals: Prior to requesting final payment, obtain and submit the following items to the CITY: • Written guarantees, when required. • Operating manuals and instructions. • Maintenance stock items; spare parts; special tools. • Completed as-built drawings in accordance with Section 105.16.01. • Certificates of inspection and acceptance by local governing agencies having jurisdiction. • Release of liens or release of claims forms submitted by all Subcontractors and Suppliers, if requested by the CITY.

Maintenance and Guarantee: Comply with the maintenance and guarantee requirements contained in 106.14. Make all repairs and replacements promptly upon receipt of written order from the CITY. If the CONTRACTOR fails to make such repairs or replacements promptly, the CITY reserves the right to do the work and the CONTRACTOR and his surety shall be liable to the CITY for the cost thereof.

Bond: Furnish a Guarantee bond as required by section 103.05 “Requirements of Contract Bonds”.

105.16.01 ASBUILT DRAWINGS: The CONTRACTOR shall, during progress of the work keep a careful record of all changes and corrections to the Contract drawings. This record shall show the actual field locations, all project conditions, configurations, and any other changes or deviations that vary from the details provided in the original Contract drawings. The horizontal and vertical locations of any buried or concealed construction and utility features that were either not shown on the drawings or vary from the locations indicated shall be carefully recorded. Include detailed sketches to fully illustrate the constructed work. The as-built drawings shall be available for review by the CITY at all times during the construction period.

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105 - 20 At the end of each month, prior to each monthly progress payment, the CITY will inspect these drawings. If these drawings are not found to be complete and up-to-date, a non-compliance report will be issued and an additional ten (10) percent will be withheld from the CONTRACTOR’S progress payment (in addition to the amount retained). If the CITY receives a written notice of the correction of the condition that resulted in the withholding, signed by an authorized agent of the CONTRACTOR, the CITY shall pay the amount withheld within 30 days after receiving the next progress estimate.

The as-built drawing format shall be on 24” x 36” bond paper or digital compatible with AutoCad, if original drawings were submitted in digital format. The words “As-Built” or “Record Drawings” must appear in letters a minimum of 2” in height. Public streets, Rights-of-Way and all easements must be properly identified.

Upon completion of construction and prior to final payment, the CONTRACTOR shall submit to the CITY one (1) copy of marked mylars showing all changes, including the type, make, model, class, manufacturer, etc., as applicable, of all major items of material used in the project as well as the source of all said items.

105.17 CLAIMS FOR ADJUSTMENT AND DISPUTES: When the CONTRACTOR deems additional compensation or a time extension to the Contract period is due for work or materials not covered in the Contract or which the CITY has not recognized as extra work, the CONTRACTOR shall notify the CITY, in writing, of its intention to make a claim.

Claims pertaining to decisions based on Contract interpretation or such other determinations by the CITY shall be filed in writing to the CITY within seven (7) days of receipt of such decision.

All other claim notices for extra work shall be filed in writing to the CITY prior to the commencement of such work. Written notice shall use the word “Notice of Potential Claim”. Such Notice of Potential Claim shall state the circumstances and all reasons for the claim, but need not state the amount. For all claims including an adjustment of Contract time the CONTRACTOR must also adhere to the requirements as stated in Section 108.08 “Determination & Extension of Contract Time”.

It is agreed that unless notice is properly given, the CONTRACTOR shall not recover costs incurred as a result of the alleged extra work, changed work or other situation. The CONTRACTOR should understand that timely Notice of Potential Claim is of great importance to the CITY, and is not merely a formality. Such notice allows the CITY to consider preventative action to monitor the CONTRACTOR’S costs associated with the situation, to marshal facts, and to plan its affairs.

Notification by the CONTRACTOR, and the fact that the CITY has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.

The CONTRACTOR shall keep accurate and complete records of its costs and shall make available to the CITY a daily summary of the hours and classifications of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used.

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105 - 21 The CITY and the CONTRACTOR will sign these records daily. This information shall be submitted to the CITY on a daily basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

The CITY may call special meetings to discuss outstanding claims. The CONTRACTOR shall cooperate and attend these meetings prepared to discuss the issues. Any personnel necessary for resolution should be present as well as any documents, which may be requested by the CITY.

All claims filed against the CITY must include the CONTRACTOR’S certification that said claim is submitted in good faith and that all costs and/or alleged damages are accurate and reflective of actual damages to the best of the CONTRACTOR’S knowledge. No claim will be considered for compensation without the submission of the CONTRACTOR’S certification of claim.

All costs associated with claim damages must be submitted to the CITY for consideration within thirty (30) days of the completion of the related work for which such damages allegedly occurred. Failure to submit such costs within said time period would result in the CONTRACTOR’S waiver of any right for additional compensation.

All claims filed against the CITY may be subject to audit at any time following the filing of the claim. Failure of the CONTRACTOR to maintain and retain sufficient records, to allow the CITY to verify all or a portion of the claim, or to permit the CITY access to the books and records shall constitute a waiver of the claim and shall bar any recovery.

Employees of the CITY or a representative of the CITY may perform the audit. The CONTRACTOR, and its Subcontractors, shall provide adequate facilities acceptable to the CITY, for the audit during normal business hours.

The CONTRACTORS and all Subcontractors shall make a good faith effort to cooperate with the CITY’S auditors. In support of the CITY’S audit of any claim, the CONTRACTOR shall upon request, promptly make the following documents available:

• Daily time sheets and supervisor’s daily reports; • Collective bargaining agreements; • Insurance, welfare, and benefits records; • Payroll registers; • Earnings records; • Payroll tax forms; • Material invoices, requisitions, and delivery confirmations; • Material cost distribution worksheets; • Equipment records (list of company equipment, rates, etc.); • Vendors, rental agencies, Subcontractors and agent invoices; • Contracts between CONTRACTOR and each of its Subcontractors as well as all lower-tier Subcontractor and supplier Contracts;

• Payment certificates of Subcontractors and agents; • Cancelled checks (payroll and vendors);

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105 - 22 • Job cost report, including monthly totals; • Job payroll ledger; • Planned resource loading schedules and summaries; • General ledger; • Cash disbursement journal;

• Financial statements for all years reflecting the operation of the work. In addition, the CITY may require additional financial statements for three (3) years preceding execution of the work;

• Depreciation records on all company equipment whether the company maintains these records involved its accountants, or others. If a source other than depreciation records is used to develop costs for CONTRACTOR’S internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents;

• All non-privileged documents that relate to each and every claim together with all documents which support the amount of any adjustment in Contract Sum or Contract Time sought by each claim.

Any dispute relating to this Contract after award shall be resolved through good faith efforts by the CONTRACTOR and CITY. At all times, the CONTRACTOR shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY, pending resolution of any dispute. If the dispute is not resolved in 90 days, either party may submit a request for mediation for the purpose of potentially resolving any disputed issue in a less costly and expeditious manner. Unresolved disputes will be submitted for mediation prior to going into arbitration as per the Nevada Arbitration Association guidelines. After completion of the mediation proceedings, either party may request arbitration.

105.18 CONFLICT ESCALATION PROCEDURES: It is the CITY’S intent to have all conflicts resolved at the lowest possible level and as expeditiously as possible to prevent any potential conflicts from becoming claims. In order to achieve such a goal, the following guidelines are to be adhered to by both the CITY and the CONTRACTOR whenever a perceived conflict arises:

The CONTRACTOR must give notification in writing to the CITY immediately upon the discovery of any conflict. Such notification must include explicit details as to the area in question, the particulars of the conflict, how such conflict is interrupting the CONTRACTOR’S operations and the contractual language justifying why additional time or compensation may be warranted.

After the CITY’S receipt of such notice, the CONTRACTOR’S designated field representative (i.e. – Foreman or Superintendent) and the CITY’S designated field representative will have two (2) days to attempt to resolve any such perceived conflict. If resolution is achieved between both parties, such resolution must be forwarded to the CONTRACTOR’S and CITY’S Project Managers for review and approval within two (2) days of receipt of the proposed resolution.

If no resolution is achieved in two (2) days by the field representatives the perceived conflict will then be escalated to both the CONTRACTOR’S and CITY’S project managers. Such parties then in turn have five (5) days to resolve the perceived conflict.

If no mutually agreeable solution is reached between the CONTRACTOR and the CITY within five (5) days, the CITY will tender the CONTRACTOR their written opinion on the matter in question.

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105 - 23

The CITY may therefore direct the CONTRACTOR to proceed with such work under the direction provided in Section 109.10 “Unsettled Claims”. This section does not apply to issues regarding utility and service connections which shall be dealt with in accordance with section 105.09 “Construction Interferences”.

105.19 ARBITRATION: It is the CITY’S intention that any disputes or claims arising during the prosecution of the work will be resolved through mutual agreement and understanding between the CONTRACTOR and the CITY over the course of the project. However, any controversy or claim arising out of or relating to this Contract which cannot be resolved by mutual agreement shall be settled by binding arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association in Henderson, Nevada. Judgment upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof. In the event the CITY prevails in the arbitrator’s decision, then the CONTRACTOR shall pay the CITY’S attorneys’ fees and costs.

105.20 AUTHORIZED CHANGES: All changes to the plans performed in the field shall be reviewed, approved and authorized by the CITY prior to proceeding with the work. Any changes to the plans without authorization may result in removal of such item at the CONTRACTOR'S expense or nonpayment for the work, at the discretion of the CITY.

Verbally authorized changes to the plans in the field will not be considered for additional quantities or compensation. Any authorized changes to the plans which are approved by the CITY for additional compensation shall be in written form indicating all items of work involved and the cost for each item, and will be submitted to the CITY prior to proceeding with the work involved. Any authorized changes for the convenience of the CONTRACTOR will not be considered for additional quantities or payment, unless the CITY has approved such additional cost in writing to the CONTRACTOR.

END OF SECTION 105

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105 - 25 City of Henderson – Public Works Dept. QUALITY CONTROL DIVISION CONTRACTOR SHOP DRAWING FORM

______

Project Name:

Permit #: /

Requestor/Contractor Name:

Date of request: Submittal Number# (assigned by contractor) Type of Submittal (hit “X” to check or uncheck box) Shop Drawings Mix Designs Lump Sum Breakdowns Other

Submittal Description (LIMIT ONE SUBMITTAL PER FORM)

Please provide the following information: *Manufacturer/Supplier # *Product Name # *Manufacturer Ref Number # *Spec Reference # *Plan Sheet # *Product Used For #

SUPPORT DOCUMENTATION ATTACHED?

Yes No (hit “X” to check or uncheck box)

Total Number of Pages for SUBMITTAL: (including coversheet)

Received by

Print Name

Date Submitted

For QC DIVISION USE ONLY:

COH Review Result Section

QC Receipt QC

Received Logged Copies Distributed

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CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTROL OF WORK 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

105 - 28 SECTION 106

CONTROL OF MATERIALS

106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS: The CONTRACTOR shall furnish all materials required to complete the work, except materials that are designated in the Special Provisions to be furnished by the CITY as specified in Subsection 106.11, "City of Henderson Furnished Materials."

No materials or supplies under this Contract shall be purchased by the CONTRACTOR or by any subcontractor subject to any chattel mortgage, conditional sale contract or other security interest, or other agreement by which an interest is retained by the seller. The successful bidder warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

Only materials conforming to the requirements of the specifications shall be incorporated in the work except as provided in Subsection 105.03.

The materials furnished and used shall be new, except as may be provided elsewhere in these specifications, on the plans or in the Special Provisions. The materials shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the plans and specifications.

The CONTRACTOR shall furnish the ENGINEER a list of his sources of materials. The list shall be submitted to the ENGINEER prior to any official "Notice to Proceed" and in sufficient time to permit proper inspecting and testing of materials to be furnished from such listed sources in advance of their use.

If it is found after trial, that sources of supply for previously approved materials do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, the CONTRACTOR shall furnish satisfactory materials from other sources.

The CONTRACTOR shall furnish without charge such samples as may be required. The CITY will make inspection and tests; it is understood that such inspections and tests shall not be considered as a guarantee of acceptance of such materials nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made.

Manufacturer's warranties, guarantees, instruction sheets, and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the CITY before acceptance of the completed Contract.

Reports and records of inspections made and test performed when available at the site of the work may be examined by the CONTRACTOR.

106.02 LOCAL MATERIALS: Local material is rock, sand, gravel, earth, or other mineral material, other than local borrow or selected material, obtained or produced from sources in the vicinity of the work specifically for use on the project. Local material does not include materials obtained from established commercial sources.

The CONTRACTOR shall furnish local materials from any source the CONTRACTOR may elect, except when a mandatory source is designated in the Special Provisions.

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106 - 1 Aggregates for base, surface and concrete may be the products of approved commercial producers, provided they meet specification requirements.

The furnishing of local materials from any source is subject to the provisions of Subsection 102.05, "Examination of Plans, Specifications, Contract Documents, and Site of Work," and 106.03, "Possible Local Material Sources." Material deposits shall not be excavated at locations where their resulting scars will present an unsightly appearance from any street or highway, unless the CITY approves such excavation in writing.

Generally deposits other than those indicated in the "Materials Information" packet would not be approved if located within one thousand (1,000) feet of right-of-way line. In any case the CONTRACTOR'S pit operations shall not encroach within twenty-five (25) feet of the right-of- way. Payment will not be made on material obtained in violation of these provisions.

The CONTRACTOR shall, at his own expense, make any and all arrangements necessary for hauling over local, public or private roads or property from any source. Full compensation for furnishing all labor, materials, tools, equipment and incidentals, for doing all the work shall be considered as included in the price paid for the Contract item of work involving such material and no additional compensation will be allowed therefor.

106.03 POSSIBLE LOCAL MATERIAL SOURCES: The CONTRACTOR may use materials from sources other than those described in the "Materials Information," as referred to in Subsection 102.05, "Examination of Plans, Specifications, Contract Documents, and Site of Work," if the following are adhered to:

• Acquire the necessary right to take material • Obtain all other necessary permits and approvals • Comply with all the requirements and stipulations in effect by other governing agencies having jurisdiction over the area • Pay all costs involved, including any which may result from an increase in length of haul. • All costs of exploring and developing such alternate sources shall be borne by the CONTRACTOR and the use of material from such sources will not be permitted until representative samples taken by the CITY have been approved and written authority issued for the use thereof.

The CONTRACTOR shall become familiar with the new Part 23 of Title 43 Code of Federal Regulations titled "Surface Exploration, Mining and Reclamation of Lands" which pertains to all exploration, developing and obtaining material from said alternate deposits located upon land under the jurisdiction of the Bureau of Land Management.

Where the CITY has made arrangements with owners of land in the vicinity of a project for obtaining material from an owner's property, such arrangements are made solely for the purpose of providing all bidders an equal opportunity to obtain material from such property. Bidders or CONTRACTORS may, upon written request, inspect the documents evidencing such arrangements between property owners and the CITY. The CONTRACTOR may, if he so elects, exercise any rights that have been obtained, which may be exercised by a CONTRACTOR under such arrangements, subject to and upon the conditions hereinafter set forth.

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106 - 2 Such arrangements are not a part of the Contract. It is expressly understood and agreed that the CITY assumes no responsibility whatsoever in respect to the CITY’S arrangements made with the property owner.

The CONTRACTOR shall assume all risks in connection with the use of such property. There is no warranty or guarantee, either expressed or implied, as to the quality or quantity of materials or the type or extent of processing that may be required in order to produce material conforming to the requirements of the specifications.

Where the CITY has compiled "Materials Information" as referred to in Subsection 102.05, "Examination of Plans, Specifications, Contract Documents and Site of Work," said compilation may include the documents setting forth the arrangements made with some of the property owners for obtaining material from such owners' properties. The inclusion of such documents therein shall not in any respect operate as a waiver of any of the provisions in this section concerning said documents.

The bidder or CONTRACTOR shall make an independent investigation and examination to satisfy and determine:

• The quality and quantity of materials available from such property • The type and extent of processing that may be required in order to produce material conforming to the requirements of the specifications • The rights, duties, and obligations acquired or undertaken under such an arrangement with the property owner.

Notwithstanding that the CONTRACTOR may elect to obtain materials from any such property owner's property, no material may be obtained from such property unless the CONTRACTOR has: a. Executed a document that will hold such owner harmless from all claims for injury to persons or damage to property resulting from the CONTRACTOR'S operations on the property owner's premises. Agreed to conform to all other provisions set forth in the arrangement made between the CITY and the property owner. Said document will be prepared by the CITY for execution by the CONTRACTOR; or

b. Entered into an agreement with the owner of the material source on any terms mutually agreeable to the owner and the CONTRACTOR. Provided that the CONTRACTOR shall furnish to the CITY a release, in a form satisfactory to the CITY, executed by the owner, relieving the CITY of any and all obligations under the CITY’S arrangements with the owner.

If the CONTRACTOR elects to obtain material under (a): • The use of such site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the CITY and the CONTRACTOR shall pay such charges as are provided for in the arrangement made by the CITY with the property owner.

If the CONTRACTOR elects to obtain material under (b): • They shall pay such charges as are provided for in the agreement between the owner and the CONTRACTOR.

The CONTRACTOR shall submit written evidence that the owner of the material source is satisfied that the CONTRACTOR has satisfactorily complied with the provisions of either (a) the CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTROL OF MATERIALS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

106 - 3 arrangement between the CITY and the owner, or (b) the agreement between the owner and the CONTRACTOR as the case may be.

When the CITY has obtained the right to remove materials from lands owned or controlled by the U.S. Government, the successful bidder on the project may enter and remove materials for use on subject project only without further permission. The CONTRACTOR may not enter on or remove materials from any other areas withdrawn or otherwise obtained by the CITY from the U.S. Government, which is not set forth in the "Materials Information" for the project without prior written approval from the CITY.

Should the CONTRACTOR enter upon any of the areas withdrawn or otherwise obtained by the CITY from the U.S. Government, it shall be his responsibility to determine the rights of others in the area.

The CONTRACTOR shall not encroach on easements of others without their written permission and shall assume the responsibility for any damages due to his entering said area. In addition, the CONTRACTOR shall be bound by the terms, conditions, and reservations contained in the approved application for withdrawal.

Full compensation shall be considered as included in the price paid for the contract item of work involving such material and no additional compensation will be allowed therefor. This compensation shall include the following:

• Furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and producing specified materials from possible local material sources. • The construction of access roads or fences. • Any clearing, grubbing and stripping of material sources. • All processing of whatever nature and extent required.

106.04 SAMPLES AND TESTS: Except as provided in Subsection 106.05, "Certificates of Compliance," all materials will be inspected, tested, and accepted by the CITY before incorporation in the work. Any work in which untested and unaccepted materials are used without approval or written permission of the CITY shall be treated as provided in Subsection 105.12. The CONTRACTOR shall furnish such samples of materials as are requested by the CITY. No material shall be used until the CITY has had the opportunity to test or examine such materials. Samples shall be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the site, such as concrete cylinders, shall be taken or prepared by the CITY in the presence and with the assistance of the CONTRACTOR.

All samples shall be individually and indelibly labeled or tagged indicating all specified Physical characteristics and manufacturer’s names for identification and submittal to the CITY for approval.

All field-testing technicians shall have Nevada Alliance for Quality Transportation Construction (NAQTC) and ACI certifications.

The CONTRACTOR shall produce materials at the plant that conform in all respects to the requirements of the specifications; however, blending on the roadbed to correct for minor

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106 - 4 deficiencies in grading, sand equivalent, or excess plasticity will be allowed under the following conditions:

• All blending material added on roadway and all work involved in processing such material will be at the expense of the CONTRACTOR.

• Processing of the material will continue until a homogeneous mixture is obtained. Uniform gradation shall be obtained to the degree that sieve analysis tests show less than ten (10) percent difference, in the amount of material passing the No. 16 sieve, determined by comparing sieve analysis tests on two samples of processed and blended material. Samples for tests, taken for the above conditions, shall be confined within a distance of five hundred (500) feet (152 meters) of each other and also taken in the same continuous windrow.

When the CITY elects to take, or specifications require that samples be taken at a production plant, sampling of aggregates shall be by “belt cut” from a stopped conveyor, or may be by mechanical sampling device built into the production plant. Mechanical sampling devices shall be approved by the CITY prior to starting the respective phase of the project, or shall have been approved as part of a prior plant inspection by the CITY.

The sampling device shall be so constructed to provide for simultaneous “cutting” of the entire section of material being discharged or conveyed, and so constructed that small representative samples may be taken frequently and these samples combined to form the complete sample. The reference method for the procedure shall be a “belt cut” sample taken from a stopped conveyor belt.

Upon the CITY’S request, the CONTRACTOR shall acquire the sample from the plant without delay and with no additional cost to the CITY. Samples of the finished product of the plant shall be obtained prior to or as material leaves the conveyor belt for the bin or stockpile. The samples shall be delivered by mechanical means to a point on the ground or other safe and accessible spot satisfactory to the CITY. The CITY will furnish test results from the samples taken to the CONTRACTOR’S representative upon request.

Sampling for final acceptance of materials will be as herein outlined: a) Types I and II aggregate base courses will be sampled from the roadbed just prior to the first pass of the roller, or in the case of trench backfill the point of acceptance will be in the trench.

b) Aggregate for cement or lime treated bases will be sampled as follows: 1) Where the material is being mixed at a stationary plant, samples will be taken from the conveyors just prior to delivery to the mixer and prior to adding lime or cement. 2) Where material is being mixed on the roadbed, samples will be taken after the material has been placed on the roadbed and processed and prior to adding cement or lime.

c) Aggregates for road mix bituminous mixtures (including base or surface) will be sampled after the material has been placed on the roadbed and processed and prior to adding the bituminous binder.

d) Bituminous mixtures and aggregates for plant mix bituminous open-graded mixtures shall be sampled at the production plant. Aggregates shall be sampled prior to the introduction of additives or bituminous materials by the means outlined above.

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106 - 5 Bituminous mixtures shall be sampled at the point of discharge from the mixer drum. Samples of individual aggregate components shall be taken prior to blending at the bins or stockpiles.

e) Aggregate for screenings will be sampled from the loaded truck just prior to placing, or by "belt-cut" sample at the production plant at the ENGINEER'S discretion.

f) Bituminous mixtures and aggregates for plant mix bituminous mixtures (base or surface) shall be sampled at the production plant. Aggregates shall be sampled prior to the introduction of additives or bituminous materials by the means outlined above. Bituminous mixtures shall be sampled at the point of discharge from the mixer drum. Samples of individual aggregate components shall be taken prior to blending at the bins or stockpiles.

g) Sampling of bituminous materials, intended for use in prime, tack or seal coats, surface treatments, and base, binder, or surface course mixtures, shall be done after the bituminous material has arrived at job destination and before, or at the time of unloading the materials.

The CONTRACTOR under the observation of and in a manner approved by the CITY shall take two samples from each railroad tank car or truck transport of material. Where delivery is made in smaller hauling units than those cited above such as a distributor, or where the contents of a storage tank are sampled, the required two samples shall be taken to represent a maximum of 10,000 gallons.

The CONTRACTOR shall take the samples during the established job working hours, unless arrangements are made for a representative of the Contracting Agency to witness the taking of the samples at another time.

Sampling shall be done by one of the following three methods: 1) In accordance with the provisions of Test Method No. ASTM D 140; 2) By bleeding through a drain-cock in the transfer line during the unloading of the approximate middle third of the load; or 3) By means of a sampling device inserted to a level of approximately the middle third of the load or tank.

The selection of the method of sampling to be used shall be at the option of the CONTRACTOR. Where sampling is done by bleeding, five (5) to ten (10) minutes shall elapse between the separate samplings.

It shall be understood and agreed that samples obtained by any one of the above- designated methods are deemed to be acceptable and are truly representative of the material delivered for incorporation in the work.

The CITY will furnish all sampling devices and sample containers. Immediately after filling the sample container, it shall be tightly sealed, properly marked for identification, and presented to the CITY.

One of the two samples, taken from each load, shall be submitted to the CITY’S laboratory for testing and the other sample retained by the CITY to be later submitted to the laboratory for confirming tests in the event the first sample tested should fail to

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTROL OF MATERIALS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

106 - 6 comply with requirements. If the first sample tested complies with requirements, the second may be discarded.

Where less than eighty percent of the asphalt deliveries are used on the project, samples shall be taken just prior to delivery to the mixer. Samples shall be taken for every 25 tons of asphalt delivered to the project.

h) Tests for the aforementioned materials produced under conditions other than contemplated herein shall be taken at the time and place deemed by the CITY to be most appropriate.

106.05 CERTIFICATE OF COMPLIANCE: The CITY may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the specifications. The manufacturer of the material or the fabricator of assembled materials shall sign the certificates. A Certificate of Compliance must be furnished with each lot of material delivered to the work and the lot so certified must be clearly identified in the certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. A Certificate of Compliance shall not relieve the CONTRACTOR of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The CITY reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

106.06 CITED SPECIFICATIONS: The Nevada Department of Highways has developed test methods for testing the quality of materials and work. These test methods are identified by the prefix Nev. followed by the serial number.

Copies of individual test methods are available at the Materials and Research Division, Department of Highways, Carson City, Nevada, and will be furnished to interested persons upon request.

A reference made by NEV. Or CAL. in the specifications to a test method it shall mean the test method in effect on the date of the advertisement for bid.

A reference made of the American Society of Testing and Materials, the AASHTO, Federal specifications, or any other recognized national organization to a specification or test designation, it shall mean the test method in effect on the date of advertisement for bid.

When requested by the CITY, the CONTRACTOR shall furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to approval by the CITY, except as provided in Subsection 106.05, "Certificate of Compliance." Samples of material from local sources shall be taken by or in the presence of the CITY; otherwise, the samples will not be considered for testing.

106.07 PLANT INSPECTION: The CITY may inspect the production of materials or manufacturing of products at the source of supply. The CONTRACTOR and material producer shall assure the CITY of their cooperation and assistance to perform plant inspection prior to production of materials for the project. The CITY shall have free entry at all times to such parts

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106 - 7 of the plant as concerns the manufacturer or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection.

The CITY reserves the right to retest all materials prior to incorporation into the work and to reject all materials which, when re-tested, do not meet the requirements of these specifications, or the requirements of the contract documents.

106.08 STORAGE OF MATERIALS: Materials shall be so stored as to assure the preservation of their quality and fitness for the work. When considered necessary by the CITY, they shall be stored in waterproof buildings, placed on wooden platforms or other hard, clean surfaces, and not on the ground, and shall be covered when directed. Stored materials, even though approved for use before storage, may be inspected prior to their use in the work, and they shall meet the requirements of the specifications at the time of this proposed use. Stored materials shall be located so as to facilitate their prompt inspection. Upon approval of the CITY, that portion of the right-of-way not required for public travel may be used for storage purposes and for placing of the CONTRACTOR'S plant and equipment, but the CONTRACTOR at his expense must provide any additional space required therefor.

Private or public property shall not be used for storage purposes without written permission of the owner or lessee.

The CONTRACTOR at his expense shall restore all storage sites to their original condition. This shall not apply to the stripping and storing of topsoil or to other material salvaged from the work or specifically prescribed under the specifications.

Construction materials may not be stored in streets, roads, or highways for more than five (5) days after unloading. All materials or equipment not installed or used in the construction within five (5) days after unloading shall be stored elsewhere by the CONTRACTOR at his expense unless he is authorized additional storage time.

Construction equipment shall not be stored at the work site before its actual use on the work nor for more than five (5) days after it is no longer needed on the work unless he is authorized additional storage time. The CITY may authorize time necessary for repair or assembly of equipment.

Excavated material, except that which is to be used as backfill in the adjacent trench, may not be stored in public streets, roads, or highways unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.

The CONTRACTOR is responsible for staging of operations and storage of all materials within the project limits. At or prior to the Pre-Construction Conference the CONTRACTOR shall submit for approval to the CITY a plot plan of intended storage/work area use. In the event that the CONTRACTOR finds it necessary to use additional land for its construction operations or other purposes, the arrangements and payment for the use of such lands shall be made by the CONTRACTOR. Unless otherwise indicated or agreed upon, all sites shall be returned to their original condition or better upon completion of the work.

The CONTRACTOR shall also coordinate with and obtain the support of residents living or doing business in the immediate neighborhoods of all of the storage/work areas. The CONTRACTOR is to stay within the limits of the right-of-ways acquired. In the event the CONTRACTOR utilizes areas not designated for his use, the CONTRACTOR shall pay all

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106 - 8 administrative costs and actual costs incurred by the CITY as a result of the CONTRACTOR’S actions, and take whatever steps are required at his own expense to make amends.

All equipment and materials must be properly secured and adequately protected. Stored materials not yet incorporated into the work, but for which the CONTRACTOR is seeking payment, shall be insured for their full value and certificates of liability insurance coverage submitted to the CITY with the appropriate Application for Payment. If off-site storage of material is required, such facilities must be accessible to the CITY and arranged for and paid for by the CONTRACTOR.

106.09 HANDLING MATERIALS: All materials shall be handled in such manner as to preserve their quality and fitness for the work. Aggregates shall be transported from the storage site to the work in tight vehicles to prevent loss or segregation of materials after loading and measuring. This shall be done so there are no inconsistencies in the quantities of materials intended for incorporation in the work as loaded, and the quantities as actually received at the place of operation.

106.10 UNACCEPTABLE MATERIALS: All materials not conforming to the requirements of the specifications at the time they are used shall be considered as unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the CITY. No rejected material, the defects of which have been corrected, shall be used until the CITY has given approval.

106.11 CITY OF HENDERSON FURNISHED MATERIAL: The CONTRACTOR shall furnish all materials required to complete the work, except those specified to be furnished by the CITY. Material furnished by the CITY will be delivered or made available to the CONTRACTOR at the points specified in the Special Provisions.

The cost of handling and placing all materials after they are delivered to the CONTRACTOR shall be considered as included in the contract price for the item in connection with which they are used.

The CONTRACTOR will be held responsible for all material delivered to him, and deductions will be made from any money due to him to make good any shortages and deficiencies, from any cause whatsoever, and for any damage which may occur after such delivery and for any demurrage charges.

106.12 SUBSTITUTIONS (OR EQUALS): Policy In the Contract Documents, any material, product or pieces of equipment to be incorporated in the work may be designated under a brand or trade name of a manufacturer and its catalog information. The use of any substitute material, product or equipment which is equal in quality and utility, and possesses the required characteristics for the purpose intended will be permitted, subject to the following requirements:

1) Prior to proposing any substitute material, product, or service, the CONTRACTOR shall determine that the material, product, or service proposed is in fact equal to that specified.

The CONTRACTOR may only request a substitution if and only if the following apply: a) A material or product will fit into the space allocated. b) It affords comparable ease of operations, maintenance and service. c) That the appearance and longevity is equal to or better than the material or product specified. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 CONTROL OF MATERIALS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

106 - 9 d) That the substitution of such material, product, or service by reason of cost savings, reduced construction time, or similar demonstrable benefit will be in the CITY’S interest.

2) Any material, product, or service by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution.

3) The burden of proof of equality of a proposed substitution for a specified material, product, or service shall be upon the CONTRACTOR. The CONTRACTOR shall support its request with sufficient test data and other means to permit the CITY to make a fair and equitable decision on the merits of the proposal. The CONTRACTOR shall submit drawings, samples, data and certificates for the proposed substitute materials. Sufficient information shall be included in order for the CITY to assess that the quality, strength, physical, chemical or other characteristic (including durability, finish, efficiency, dimensions, service features, and suitability) are such that the substitute item will fulfill its intended function. The CITY will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.

4) Approval of a substitution shall not relieve the CONTRACTOR from responsibility for compliance with all requirements of the Contract. The CONTRACTOR shall bear the expense for any changes in other parts of the work caused by any substitutions.

5) Materials, products or service proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all governmental agencies having jurisdiction over use of the specific material, product or service.

6) Substitutions will not be permitted in those instances where the product is intended to accommodate artistic design, specific function or economy of maintenance.

7) All costs associated with furnishing data, as well as any other necessary actions, to determine the suitability and acceptability of such substitutes shall be at the CONTRACTOR’S sole expense.

Procedure: Prior to or at the Pre-construction Conference the CONTRACTOR shall submit to the CITY, a written request for substitution accompanied by all data necessary for the CITY to determine whether the requested substitution is equal quality and utility. If the CONTRACTOR fails to submit the written requests at the Pre-Construction Conference, no substitutions will be allowed.

The submission of a request to substitute a material, product, or service gives rise to no obligation on the part of the CITY to accept such substitute, or on the part of the CITY to determine such substitute to be the equal of that specified. The CITY will have fourteen (14) calendar days to review requests for substitution and make a determination of its suitability. Whenever a proposed substitute fails to meet the requirements of the Specifications and an acceptable re-submittal is not received by the CITY within fourteen (14) calendar days, then the CONTRACTOR shall furnish one of the materials, products, equipment or services originally designated in the Contract Documents. Should the substitute be acceptable to the CITY, an authorization will be written allowing the provision of the substitute material, product or service.

No substitution will be allowed which will increase the Contract amount.

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106 - 10 106.13 WARRANTY: All materials and equipment incorporated into any work covered by the Contract shall be new, and where grade is not specified, shall be of the most suitable grade of their respective kinds for their intended use.

All workmanship shall be in accordance with construction practices acceptable to the CITY. Unless otherwise provided in the Contract, the CONTRACTOR warrants all equipment, materials and labor furnished or performed under this Contract against defects in design, materials (unless furnished by the CITY), and workmanship for a period of twelve (12) months from the date of Substantial Completion, regardless of whether the same were furnished or performed by the CONTRACTOR or by any of its Subcontractors. If longer guarantees or warranties are provided for in the Contract, then the longer periods of time shall prevail. Upon receipt of written notice from the CITY of any defect in any such equipment, materials or labor during the applicable warranty period, due to defective design, materials or workmanship, the affected item or parts thereof shall be redesigned, repaired or replaced by the CONTRACTOR at a time acceptable to the CITY.

The CONTRACTOR shall perform all tests that the CITY may require to verify that such redesign, repairs and replacements comply with the requirements of this Contract. All costs incidental to such redesign, repair, replacements, and testing, including the removal of any barrier, necessary to gain access, shall be borne by the CONTRACTOR.

The CONTRACTOR warrants such redesigned, repaired or replaced work against defective design, materials and workmanship for a period of twelve (12) months from the date of their acceptance. Should the CONTRACTOR fail to promptly make the necessary redesign, repair, replacement, and tests, the CITY may perform or cause to be performed the same at the CONTRACTOR’S expense. The CONTRACTOR and its surety or sureties shall be liable for the satisfaction and full performance of the warranties as set forth herein.

Eleven months after the Substantial Completion certificate has been issued, the CITY may elect to perform a one-year warranty walk-through of the project with the CONTRACTOR and applicable Subcontractors in attendance, to inspect the project for remaining deficiencies. The CITY will prepare a list of any new deficiencies, along with any outstanding warranty items and provide a copy to the CONTRACTOR. The CONTRACTOR shall remedy deficiencies within fourteen (14) days after receipt of the list and notify the CITY in writing when such deficiencies have been corrected. The Representative of the CONTRACTOR should be knowledgeable of the project history and have authority to act on the CONTRACTOR’S behalf.

END OF SECTION 106

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106 - 12 SECTION 107

LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.00 LAWS TO BE OBSERVED: The CONTRACTOR shall comply with all federal and state laws, all local bylaws, ordinances, and regulations, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The CONTRACTOR shall protect and indemnify the CITY against any claim or liability arising from or based on the alleged violation of any such law, bylaw, ordinance, regulation, order, or decree, whether by himself or his employees, or agents. 107.01: BUSINESS OWNERS NOTIFICATION: Five working (5) days after receiving the Notice of Award from the CITY, the CONTRACTOR shall prepare a draft notification for approval by the CITY that informs all business within or adjacent to the project of the project status. The notification letter shall be distributed by the CONTRACTOR only after approval of the CITY. The notification shall be an introductory letter, which shall contain information such as CONTRACOR’s name and contact information, the name and contact of the licensed plumber (subcontractor), license number scope of the project, and anticipated construction start date, and sequence of work Forty-eight (48) hours prior to commencement of construction, the CONTRACTOR will notify, in person, all property owners and/or businesses which will be affected by the construction operation. Whenever personal notification is not possible, the CONTRACTOR shall reproduce and distribute written or printed notification in the form of a leaflet, door-hanger, etc., approved by the CITY, to each residence or business affected. The notification shall contain information such as the date and time of construction, brief explanation of work, vehicle removal instructions from driveways, CONTRACTOR’s name, business address, and 24-hour telephone number of the CONTRACTOR or one of his agents. No payment will be made for Business Owners Notification as such; the cost thereof is considered as included in the price bid for the construction of the project.

107.02 PERMITS, LICENSES, AND TAXES: The CONTRACTOR shall apply for, obtain, and comply with all terms, conditions and requirements attached to all permits, licenses, and agreements required by federal, state, or local agencies to perform work, construct, erect, test and start up any equipment for this Contract. Where operating permits are required, the CONTRACTOR shall apply for and obtain such operating permits in the name of the CITY and provide the permit in an appropriate file holder when the CITY accepts Substantial Completion. The CONTRACTOR shall give all notices necessary or incidental to the due and lawful prosecution of the work.

The CONTRACTOR shall be responsible for satisfying all code requirements, calling for inspections and obtaining final approvals. The CONTRACTOR shall comply with all conditions stipulated in the permits. The cost of inspections associated with complying with permits, licenses, and agreements are to be included in the bid price. No time extensions shall be granted for time lost due to violations of permits.

At the Pre-Construction Conference the CONTRACTOR shall provide a list to the CITY of all permits and licenses the CONTRACTOR shall obtain as well as the agency required to grant the permit, the expected date of submittal for the permit, and the required date for receipt of the permit. Copies of all of the permits shall be provided to the CITY. The CONTRACTOR shall include the cost of obtaining all necessary permits, application fees, costs of complying with the conditions of all permits and any other incidental costs in the bid price.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 1 The CONTRACTOR shall pay all taxes, levies, duties and assessments of any nature, which may be applicable to any work under this Contract. The Contract amount and any approved change order amounts shall include all taxes imposed by law. The CONTRACTOR shall make any and all payroll deductions required by law. The CONTRACTOR herein indemnifies and holds the CITY harmless from any liability regarding any and all such taxes, levies, duties, assessments and deductions.

107.02.01 NPDES Permit: See Section 637 for NPDES Requirements

107.02.02 Other Permits: The CONTRACTOR shall be required to obtain the following permits from the City of Henderson Development Services Center prior to beginning construction. It will be the CONTRACTOR’S sole responsibility to obtain these permits and obtain all permit application submittal requirements.

The CONTRACTOR shall coordinate the required building permits and submittal requirements for building permits with the City of Henderson Development Services Center. Submittal requirements can be obtained from the City of Henderson Development Services Center @ 267-3600.

107.03 PATENTED DEVICES, MATERIALS, AND PROCESSES: The CONTRACTOR hereby indemnifies and holds harmless the CITY, its officers, and employees, from and against all costs incurred by the CITY, as a result of any claims based upon infringement or alleged infringement of any patent by the CONTRACTOR in connection with the performance of the CONTRACTOR. The CONTRACTOR shall, at its sole expense, promptly defend against any such claim or action unless otherwise directed by the CITY.

The CONTRACTOR shall have the right to substitute at its expense non-infringing equipment, materials, or processes, to avoid such claims or actions, provided that such substituted and modified equipment, materials and processes shall meet all the requirements and be subject to all the provisions of this Contract. Any such substitutions require the CONTRACTOR to obtain prior written approval of the CITY.

107.04 RESTORATION OF SURFACES OPENED BY PERMIT: The right to construct or reconstruct any utility service in the public right-of-way, or to grant permits for it, at any time, is hereby expressly reserved by the CITY or the proper authorities of the municipality or other political subdivision in which the work is done.

The CONTRACTOR shall not be entitled to any damages either for the digging up of the street or for any delay occasioned thereby.

Any individual, firm, or corporation wishing to make an opening in the highway or street must secure a permit from the proper authority. The CONTRACTOR shall allow parties bearing such permits, and only those parties, to make openings in the highways or streets. The CONTRACTOR shall, when ordered by the CITY, make in an acceptable manner, all necessary repairs due to such openings, and such necessary work will be paid for as extra work, or as provided in these specifications, and will be subject to the same conditions as original work performed.

The CITY, the CONTRACTOR, and each of such workmen, CONTRACTORS, and others, shall coordinate their operations and cooperate to minimize interference.

The CONTRACTOR shall absorb in his bid all costs involved in his part as a result of coordinating his work with others. The CONTRACTOR will not be entitled to additional CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 2 compensation from the CITY for damages resulting from such simultaneous, collateral and essential work.

If necessary to avoid or minimize such damage or delay, the CONTRACTOR shall re-deploy his work force to other parts of the work.

107.05 BLANK

107.06 SANITARY PROVISIONS: The CONTRACTOR shall provide and maintain in a neat, sanitary condition, such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the District Board of Health and of other bodies or tribunals having jurisdiction there over. He shall commit no public nuisance.

107.07 TRAFFIC AND ACCESS: The CONTRACTOR'S operations shall cause no unnecessary inconvenience. The access right of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work, or an approved detour shall be provided.

Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments or similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the CITY.

Safe and adequate pedestrian zones and pedestrian crossings of the work at intervals not exceeding 300 feet shall be maintained unless otherwise approved by the CITY.

Safe and adequate access shall be maintained to existing bus or transit stops throughout duration of road construction in accordance with the following minimum requirements:

1. Unless otherwise specified in the Special Provisions, no public bus or transit stop shall be temporarily closed without the written consent of the Regional Transportation Commission Director or his designee. The RTC shall be notified at least 10 working days prior to the proposed temporary closure of any bus or transit stop, including those listed in the Special Provisions. 2. No bus stops at transfer points shall be closed during construction. Bus stops at transfer points can, however, be temporarily relocated with the approval of the RTC Director or his designee.

3. If bus or transit stop is temporarily relocated, the existing bus or transit stop sign panels shall be relocated to temporary bus or transit stops and shall remain until temporary stop is removed. Temporary relocation of sign panels shall conform to Subsection 627.03.05, “Relocation.”

4. The CONTRACTOR shall maintain access which is in conformance to the requirements of the Americans with Disabilities Act to and from bus or transit stops, which remain open at all times during construction.

Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the CONTRACTOR shall immediately clear the street and driveways and provide and maintain access. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 3

The CONTRACTOR shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.

Grading operations, roadway excavation and fill construction shall be conducted by the CONTRACTOR in a manner to provide a satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic.

Unless otherwise authorized, work shall be performed in only one half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one half of a street only is being improved, the other half shall be conditioned and maintained as a detour. The CONTRACTOR shall absorb in his bid all costs for the above requirements.

Construction equipment shall not be stored at the work site before its actual use on the work nor for more than five (5) days after it is no longer needed on the work. The CITY may authorize time necessary for repair or assembly of equipment.

The CONTRACTOR shall comply with all applicable state, county, and CITY requirements for closure of streets. He shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen, advising the public of detours and construction hazards.

He shall also be responsible for compliance with additional public safety requirements, which may arise during construction. He shall furnish and install, and upon completion of the work, promptly remove all temporary signs and warning devices.

At least forty-eight (48) hours in advance of closing, or partially closing, or of reopening, any street, alley, or other public thoroughfare, the CONTRACTOR shall notify the Police, Fire, Traffic and engineering Departments having jurisdiction and comply with their requirements, and notify the Regional Transportation Commission. The CITY must first approve deviations in writing.

All costs involved for traffic control shall be at the CONTRACTOR’S expense. All barricades, warning signs, lights, temporary signals, and other protective devices must conform to the Nevada Work Zone Traffic Control Handbook.

The CONTRACTOR shall comply with all requirements contained in Sections 624 and 625 of the Standard Specifications and with the supplemental requirements contained herein, except that no direct payment shall be made to the CONTRACTOR for signing, interim striping and/or detours unless otherwise specified herein.

The CONTRACTOR shall provide the following minimum traffic control measures: Temporary Striping: The temporary traffic lane tape shall conform to the State of Nevada Specifications. The temporary pavement striping shall be by pilot line method and its use CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 4 limited to 14 calendar days. The tape shall be 4" (four inches) wide and 4' (four feet) long and spaced every 40 feet. The color of the tape shall match the color of the existing line. The double yellow line shall have two pieces of tape side by side with a 4" (four inch) space between, and spaced to the above increments.

Painted temporary striping shall be 4" (four inches) wide and shall be continuous or intermittent in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Painted temporary striping shall not be used on the final wearing course of the pavement unless approved by the CITY.

Existing pavement markings must be effectively removed to the satisfaction of the CITY in such a manner so as to leave no residue or other trace of the former line that may be misconstrued by a driver to be a traffic line under any condition. Painting over any existing pavement markings is not an acceptable method of removing existing markings.

Detours: Under no circumstances will travel on a temporary gravel surface be permitted for longer than seventy-two (72) hours for any phase of construction or combination of work items. Temporary gravel surfaces shall be graded, watered and maintained to provide a smooth dust free traveled surface as often as deemed necessary by the CITY. Detours must be shown on the traffic control plan and receive CITY approval.

All temporary detours and/or bypasses that are expected to be in service for more than seventy- two (72) hours shall be hard surfaced with a minimum of 1½" of A.C. pavement and maintained in a smooth and usable condition for the duration of the detour and/or bypass.

Bridges: Where necessary or required for the convenience of the public or individual residents, businesses or schools the CONTRACTOR shall provide suitable temporary bridges over unfilled excavations at street crossings, alleys, or at driveways, unless the CONTRACTOR obtains prior permission from the CITY to omit such temporary bridges. All such bridges shall be maintained in service until all requirements of the specifications governing the work prior to back filling or paving have been fully complied with.

Temporary bridges for street crossings shall conform to the requirements of the authority having jurisdiction in each case, and the CONTRACTOR shall adopt designs furnished by said authority for such bridges or shall submit designs for approval by said authority as may be required.

If plates are used on this project, they must be certified by a structural engineer registered in the State of Nevada and must be capable of carrying the heaviest anticipated loads using the roadway. Said plates must also be property anchored so as to prevent any transverse and/or any longitudinal shifting of the plate. The CITY must approve the plate’s anchoring system prior to installing the plate.

Flagmen: When required for public safety the CONTRACTOR shall provide and station certified flagmen whose sole purpose shall be to direct the movement of public traffic either through or around the work.

ATSSA, IMSSA, or NICET must certify traffic work zone technicians on the project in work zone traffic control at least at the “technician” level.

Proper advance warning signs shall be in place when flagmen are working and removed when work, requiring flagmen is completed. Flagmen must be used to assist trucks for safe ingress and egress whenever truck movements may interfere with safe passage through the work zone. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 5 The flagmen's first priority shall be to maintain the safe and efficient movement of the public traffic.

Flagmen shall not be used to direct neither public and/or construction traffic into and through signalized or stop sign controlled intersections nor shall they cover or alter any regulatory devices. CITY Police Officers must be used to direct Public and/or construction traffic into and through signalized intersections.

At those locations where there is two way traffic and only one lane is left open while the CONTRACTOR is working, the CONTRACTOR shall provide flagmen to direct traffic according to the requirements of subsection 624.03.02 of the Standard Specifications.

Traffic Control Devices: All traffic control devices that are not in use or will not be used for a period greater than 24 hours or that are determined by the CITY to be unnecessary, confusing, or causing an unsafe condition, shall be removed by the CONTRACTOR from the public right- of-way immediately. The CONTRACTOR shall not, at any time, use the sidewalk area to store unused barricades unless the sidewalk is closed and an approved barricade plan provided for rerouting the pedestrians.

The CONTRACTOR shall maintain all barricades and other traffic control devices in clean and effective condition. The CONTRACTOR shall replace poorly maintained devices immediately upon notification by the CITY.

107.07.01 TRAFFIC CONTROL REGULATIONS: If the CONTRACTOR at any time fails to maintain traffic and/or traffic control devices as specified in the above documents or elsewhere by these specifications, the CITY will immediately notify the CONTRACTOR in writing of such non-compliance. If the CONTRACTOR fails to remedy unsatisfactory maintenance within two (2) hours after receipt of such notice, the CITY may immediately proceed to perform such maintenance, and the entire direct cost of this maintenance will be deducted from money due or to become due the CONTRACTOR.

If in the opinion of the CITY a condition develops that is dangerous to public safety, such condition may be immediately remedied with whatever means is available to the CITY and the cost of this maintenance will be deducted from money due or to become due to the CONTRACTOR.

Further, each instance of failure to remedy unsatisfactory maintenance within two (2) hours of notification will result in a deduction of one (1) day’s value of the traffic control pay item from the lump sum. One day’s value is determined by dividing the lump sum amount bid by the number of working or calendar days (whichever is applicable) allowed for the project. This sum does not include any direct costs incurred by the CITY to remedy unsatisfactory maintenance.

107.07.02 TRAFFIC CONTROL REQUIREMENTS: The CONTRACTOR will also, as a minimum, provide the following traffic control measures at his expense:

1. Temporary traffic lanes must be delineated using traffic tape.

2. Prior to the completion of the project, the CONTRACTOR shall install additional pilot lines using 4-inch square pieces of tape to show the alignment of any permanent lines that were destroyed during construction. It shall be the responsibility of the CONTRACTOR to remark said lines. This 4-inch square tape shall be removed just prior to the installation of the permanent lines.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 6 3. Type III B barricades shall be used to protect all approaches to sites of excavation; these barricades shall be constructed from PVC (weighted) pipe to State of Nevada specifications.

4. If in the opinion of the CITY a condition develops or exists that is dangerous to the safety of the general public, concrete barrier rails and fencing shall be used around the work site, excavations, trenches for underground utilities, and/or stockpiled materials. The barrier rails and fencing shall be maintained until the CITY determines that the hazard no longer exists.

5. Portable, continuous & pinned concrete barrier rail (jersey rail) shall be used to separate travel lanes from excavations when any excavation: • exceeds one foot in depth; • exceeds one foot in width; • is sloped steeper than 4:1; • is less than 18 feet from the nearest travel lane.

6. Fencing shall be used around open trenches exceeding two feet in depth. The fencing may be placed on top of concrete barrier rails.

7. Type II barricades used for delineation shall have Type C steady burn lights. All barricades used for closures shall have Type A lights. Type B lights shall be used with appropriate advance warning signs.

107.07.03 TRAFFIC CONTROL AND BARRICADE PLAN: At the Pre-Construction Conference, the CONTRACTOR is to submit for approval a Traffic Control and Barricade Plan to the CITY and to the Nevada Department of Transportation (NDOT) (when the project affects NDOT right-of-way). As an absolute minimum, for each phase of the construction, the Traffic Control and Barricade Plan shall show placement and spacing of all the traffic control devices (including signs, markings, channel devices, lighting devices, flagmen, etc.) and their spacing within the following traffic control areas:

1. Advance Warning Areas 2. Transition Areas 3. Buffer Spaces 4. Work Areas 5. Termination Areas

Type B high intensity warning lights are required on all warning signs within the advance warning and transitional areas of all traffic control and barricade setups. The CONTRACTOR shall provide type C steady burn wearing lights on channel devices within the transition areas of all nighttime traffic control and barricade setups. Additionally, the traffic control and barricade plans must clearly show the following minimum requirements:

1. Method of protecting excavations, work sites and school zone crosswalks 2. Method of barricading at intersection 3. Driveway access plan 4. Provisions for emergency vehicle access 5. All set-up changes to accommodate different phasing of the work 6. Lane widths and transitions 7. 24-hour emergency telephone number

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 7 8. Business access signs 9. Sidewalk Closed/Cross Here Signs 10. No Parking Signs 11. Project Signs 12. Fresh Oil Signs 13. Duration of traffic control and barricade plan 14. All Advance Warning Signs 15. Provisions for providing continuous access to adjacent residences and businesses during construction.

The above described plan must conform to the Special Provisions contained herein, the latest revisions of the Nevada Work Zone Traffic Control Handbook, the Manual on Uniform Traffic Control Devices (MUTCD) and the Barricading Standards for Clark County Area for all traffic control methods, devices, and appurtenances.

The CONTRACTOR shall provide a traffic control and barricade plan for each phase of construction. The traffic control and barricade plan for each phase of construction will be considered separately.

Approval of the traffic control and barricade plan applies only to specific phase of construction as identified on the plan. There shall be no deviations from the approved barricade plan unless a revised barricade plan is submitted and approved. The submittal shall be made at least three (3) business days prior to the need for revision. The CITY reserves the right to require field modifications to the approved barricade plan in the interest of public safety.

The CONTRACTOR shall begin placing the barricades in the direction of traffic. The CONTRACTOR shall tear down the barricades in a direction opposing traffic.

The CONTRACTOR may not proceed with Construction in an area that requires a Traffic Control Plan and for which such Plan has not received the written approval of the CITY. An approved copy of the traffic control plan must be available at the job site at all times.

107.07.04 PAYMENT: The lump sum price paid for traffic control shall also include full compensation for the following: • All flagmen, the flagging, signs, and equipment used for the project in accordance with the CONTRACTOR’S traffic control plan and as directed by the CITY. • Performing all required control of traffic including barricading, signing, temporary fencing, temporary lane delineation, removal of conflicting markings, temporary grading, paving detours, driveways, access, trench plates, temporary bridges, portable pre-cast concrete barrier rail, as specified herein, and in Section 625 and as required by the CITY. • All weekends and holidays and non-working days encountered during the duration of the Contract including any days required for the completion of corrective punch list items. • For all items of work specified in Sections 104, 107 and 625, which are not included in other pay items.

If the Contract time is increased by reason by additional work requested by the CITY as set forth in the Contract Documents, the maximum reimbursement rate for extensions of the traffic control item shall be the lump sum price divided by the contract duration times the additional time awarded. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 8

This item will not be extended for the reasons set forth in Section 108.08(3).

Payment shall be made under:

Pay Item Pay Unit 107.01 Traffic Control Lump Sum

107.08 RELATIONS WITH RAILROADS: a) Definitions: The following definitions shall apply to the terms as herein used. Railroad - The railway or Railroad Company whose tracks are crossed or whose property is adjacent to the work or upon whose property the work is performed. Chief Engineer - The Chief ENGINEER of the railroad or his authorized representatives. Railroad Crossing - A crossing at grade of the tracks of a railroad and the highway. Grade Separation- A permanent structure to affect the separation of grade between the highway and the railroad. b) Work or Operations 1. Work or operations on grade separations, railroad crossings, or upon railroad property shall be subject to inspection by the Chief ENGINEER and shall be conducted and performed in a manner satisfactory to the Chief ENGINEER.

2. Construction operations shall be so arranged and conducted as to insure safe and uninterrupted operation of the railroad traffic. The CONTRACTOR shall be responsible for any damages, which result either directly or indirectly from the CONTRACTOR'S operations.

3. The CONTRACTOR shall notify the Chief ENGINEER in writing, at least forty-eight (48) hours before starting any work in the proximity of the tracks, setting forth specifically the time at which it is planned to start such work.

4. Unless otherwise provided, the CONTRACTOR shall not pile or store any material, or park or use CONTRACTOR'S equipment closer than ten (10) feet from the centerline of the tracks.

5. The track zone shall be kept clean of all loose material or debris at all times. The CONTRACTOR shall be responsible for any fouling of railroad ballast resulting from sandblasting and painting operations and shall reimburse the railroad for the replacement of all ballast so fouled.

6. In advance of any blasting, the CONTRACTOR shall notify the Chief ENGINEER in order that proper flagging protection may be provided by the railroad. Excavations in the proximity of the tracks shall be sheeted in a manner satisfactory to the Chief ENGINEER and plans therefor shall be submitted to and approved by him before any such excavation is commenced.

7. The CONTRACTOR shall make arrangements with the railroad for crossing railroad tracks at locations other than existing public crossings and shall bear all costs relative thereto.

The CONTRACTOR shall submit detail plans of falsework and of forms for track spans and piers or abutments to the Chief ENGINEER and no work thereon shall be commenced CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 9 unless and until such plans have been approved by the Chief ENGINEER.

107.09 LIABILITY INSURANCE: Insurance: The CONTRACTOR shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work by the Contractor, their agents, representatives, employees or Subcontractors. The CITY shall be named as an Additional Insured. The cost of all such insurance shall be included in the CONTRACTOR’S bid price.

If the CONTRACTOR fails to maintain any of the insurance coverage required herein, then the CITY will have the option to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverage be maintained. The CONTRACTOR is responsible for any expenses paid by the CITY to maintain such insurance and the CITY may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under the Contract.

The insurance requirements specified herein do not relieve the successful Bidder of its responsibility or limit the amount of their liability to the CITY or other persons. The successful bidder is encouraged to purchase such additional insurance, as he deems necessary.

Minimum Scope of Insurance Commercial General Liability: (Primary) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If aggregating, the aggregate shall apply separately to this project or be twice the required limit. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII.

Automobile Liability: (Primary) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If aggregating, the aggregate shall apply separately to this project or be twice the required limit. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII.

Workers’ Compensation: In a form acceptable to the Insurance Commissioner, State of Nevada, statutory limits and Employer’s Liability of $1,000,000 per occurrence, per accident for bodily injury or disease.

Explosion, Collapse and Underground: Successful Bidder shall provide insurance coverage for explosion collapse and underground hazards with limits of no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.

Deductibles and Self-Insured Retentions: Any deductibles or self-insured retention must be fully disclosed in the Certificate of Insurance and may not exceed $100,000 without written approval of the CITY.

Other Insurance Provision: The general and automobile liability policies are to contain, or be endorsed to contain the following provisions: a) The CITY, its officers, employees, agents and volunteers are named as an Additional Insured as respects to: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by CONTRACTOR (its officers, employees, agents, Subcontractors). The coverage shall contain no special limitations on the scope of protection afforded to the CITY.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 10 b) For any claims related to this project, the CONTRACTOR’S coverage shall be primary as respects the CITY, its officers, employees, agents and volunteers.

c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY.

d) The CONTRACTOR’S insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. This notice requirement does not waive the insurance requirements contained herein.

f) The CONTRACTOR shall furnish renewal certificates for the required insurance, at the same minimum coverage, for the entire term of the Contract. The notice for renewal shall be submitted to the CONTRACTOR thirty (30) days in advance of the expiration date shown on the certificate of insurance.

A second request will be mailed if the certificate is not received within ten (10) days. If within twenty (20) days from the date of the notice of renewal, the certificate has still not been provided, the CITY may declare the CONTRACTOR in default of its obligation.

Verification of Coverage: Within fifteen (15) calendar days after notification of Intent to Award, the successful bidder shall furnish the insurance as indicated herein. The CONTRACTOR shall furnish the CITY with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf and licensed by the State of Nevada.

Each insurance company’s rating as shown in the latest Best’s Key Rating Guide shall be fully disclosed and entered on the required certificate of insurance. The CITY requires insurance carriers to maintain a Best’s Key Rating of A.VII or higher.

The adequacy of the insurance supplied by the Successful Bidder, including the rating and financial health of each insurance company providing coverage is subject to the approval of the CITY.

Subcontractors: The CONTRACTOR shall be fully responsible to the CITY to ensure that all Subcontractors obtain insurance in accordance with the above.

It is the CONTRACTOR’S responsibility to either include all Subcontractors as insured under its policies or that each Subcontractor furnishes the CONTRACTOR separate certificates and endorsements. All coverage for Subcontractors shall be subject to all above requirements.

Indemnification: The CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense and costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with work performed hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY.

107.11 RESPONSIBILITY FOR DAMAGE CLAIMS: The CONTRACTOR shall indemnify and CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 11 save harmless the CITY, its officers and employees, from all suits, actions, claims, losses, or expenses of any character brought because of any injuries or damages alleged to have been received or sustained by any person, persons or property on account of the operations of the CONTRACTOR; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any claims or amount recovered under the "Nevada Industrial Insurance Act," or any other law, ordinance, order, or decree; and so much of the money due the CONTRACTOR under and by virtue of his contract as may be considered necessary by the CITY for such purpose, may be retained for the protection of the CITY; or in case no money is due, his surety may be held until all such suits, actions, claims, losses, or expenses for the injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the CITY; except that money due the CONTRACTOR will not be withheld when the CONTRACTOR produces satisfactory evidence that he is adequately protected by public liability and property damage insurance.

Reimbursement to the CONTRACTOR by the CITY in whole or in part for costs of protecting traffic shall not serve to relieve the CONTRACTOR of his responsibility as set forth in these Standard Specifications. The CONTRACTOR guarantees the payment of all just claims for materials, supplies, and labor, and all other just claims against him or any subcontractor, in accordance with this contract.

107.12 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE: The CONTRACTOR shall be responsible for the preservation from injury or damage resulting directly or indirectly from the work under his contract of all public and private property, crops, trees, vegetation, monuments, fences, highway signs and markers, etc., along and adjacent to the project, and shall use every precaution necessary to prevent damage to water lines, sewers, and other underground structures, to poles, wires, cables, and other overhead structures, whether shown on the plans or not, shall protect carefully from disturbance or damage all land monuments and property marks until the ENGINEER has witnessed or otherwise referenced their location, and shall not remove them until directed.

The CONTRACTOR shall not willfully or maliciously injure or destroy trees or shrubs and he shall not remove or cut them without proper authority. He shall be responsible for all damage or injury to property of any character during the prosecution of the work resulting from any act, omission, neglect, or misconduct in his manner or method of executing said work, or at any time due to defective work or materials, and such responsibility shall not be released until the project shall have been completed and accepted.

The CONTRACTOR shall be responsible for the preservation of archeological and paleontological objects, including all ruins, sites, buildings, artifacts, fossils, or other objects of antiquity encountered during construction.

When such objects are encountered, the CONTRACTOR shall immediately cease operations and notify the ENGINEER that such objects exist. Construction operations shall be rescheduled to avoid the section until the removal of the artifacts or the gathering of historical data has been accomplished by the appropriate authority.

When directed by the ENGINEER, the CONTRACTOR shall excavate the site in such a manner as to preserve the artifacts encountered and shall remove them for delivery to the custody of the proper authorities. Such excavation will be considered and paid for in accordance with Subsection 104.03, "Extra Work."

Extension of contract time will be allowed for any delay to the CONTRACTOR due to preservation of archeological and paleontological objects. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 12

When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the CONTRACTOR or his agents, suppliers, or subcontractors, he shall restore at his expense such property to a condition similar or equal to that existing before such damage or injury was done by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. In case of failure on the part of the CONTRACTOR to restore such property or make good such damage or injury within ten days, the CITY may, upon forty-eight (48) hours written notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof shall be deducted from any money due, or which become due the CONTRACTOR under the contract.

The CONTRACTOR shall restrict the movement of his vehicles and other construction equipment and personnel to the construction area and designated roads.

Every precaution shall be taken to prevent the marking of the natural ground with equipment tracks or other means outside of the staked area and in median areas where it is not required to disturb the existing ground. Where such markings of the natural ground are caused either by the CONTRACTOR'S equipment, personnel, or operations, the CONTRACTOR, at his own expense, shall eradicate such marks to the satisfaction of the ENGINEER.

All roads from flat bottom ditches and material deposits shall be spaced at least 1,000 feet apart, except that such roads may also be located in ditch and dike areas. When roads are located in ditch and dike areas, equipment shall not be allowed to travel outside the area to be occupied by said ditch or dike, except as provided for in Subsection 203.03.12, "Channels." The crossing of median areas shall be at structures or areas approved by the ENGINEER.

Where there is a high potential for erosion and subsequent water pollution, the area of erosive land that may be exposed by construction operations at any one time shall be held to a minimum, and the duration of the exposure of the uncompleted construction to the elements shall be as short as practicable.

Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. Disturbance of the lands and of waters that are outside the limits of the construction as staked is prohibited, except as may be found necessary and approved by the ENGINEER.

Unless otherwise specifically provided in the Contract, the CONTRACTOR shall not do any work that would disrupt or otherwise interfere with the operation of any pipeline, telephone, electric transmission line, ditch or other structure, nor enter upon lands in their natural state until approved by the CITY. Before the CONTRACTOR begins such work, due notice shall be given to the CITY.

The CONTRACTOR shall not be entitled to any extension of time, or any extra compensation on account of any postponement, interference or delay caused by any such line, ditch or structure on or adjacent to the site of work.

The CONTRACTOR shall preserve and protect all cultivated and planted areas, and vegetation such as trees, plants, shrubs and grass on or adjacent to the premises, which, as determined by the CITY, do not unreasonably interfere with the performance of its work through operation of equipment or stockpiling of materials. All costs in connection with any repairs or restoration necessary or required by reason of any such damage shall be borne by the CONTRACTOR. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 13

The CONTRACTOR shall give reasonable notice to occupants or applicable agencies of adjacent property to permit them to salvage and relocate plants, trees, fences, sprinklers and other improvements within the right-of-way which are designated for removal or would be destroyed because of the work.

The CONTRACTOR shall repair or replace all existing improvements which are not designated for removal (i.e. – curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of the CONTRACTOR’S operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

107.14 DISPOSAL OF MATERIAL OUTSIDE PROJECT RIGHT-OF-WAY: The CONTRACTOR shall make his own arrangements for disposal of materials outside the project right-of-way and he shall pay all costs involved. When any material is to be disposed of outside the project right-of-way, the CONTRACTOR shall first obtain written permission from the property owner on whose property the disposal is to be made.

The CONTRACTOR shall submit to the CITY said permission or the certified copy thereof together with a written release from the property owner absolving the CITY of any and all responsibility in connection with the disposal of material on said property.

When material is disposed of as above provided and the disposal location is visible from the project, the CONTRACTOR shall dispose of the material in a neat and uniform manner to the satisfaction of the CITY. Unless otherwise provided in the Special Provisions, full compensation for all costs involved in disposing of material as specified in this section, including all costs of hauling, shall be considered as included in the price paid for the contract items of work involving such materials and no additional compensation will be allowed therefor.

107.15 RELIEF FROM MAINTENANCE AND RESPONSIBILITY: Upon the written request of the CONTRACTOR, or upon order of the CITY, the CONTRACTOR may be relieved of the duty of maintaining and protecting certain portions of the work as described below, which have been completed in all respects in accordance with the requirements of the contract and to the satisfaction of the CITY, and thereafter except with his consent, the CONTRACTOR will not be required to do further work thereon.

In addition, such action by the CITY will relieve the CONTRACTOR of responsibility for injury or damage to said completed portions of the work resulting from use by the public traffic or from the action of the elements or from any other cause, but not from injury or damage resulting from the CONTRACTOR'S own operations or from his negligence.

Portions of the work for which the CONTRACTOR may be relieved of the duty of maintenance and protection as provided in the above paragraph include but are not limited to the following: a) A bridge or other structure of major importance. b) A complete unit of a traffic control signal system or of a highway or street lighting system. c) Non-project facilities constructed for other agencies.

However, nothing in this subsection providing for relief from maintenance and responsibility will be construed as relieving the CONTRACTOR of full responsibility for making good defective work or materials found at any time before the formal written acceptance of the entire project by the CITY.

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107 - 14 107.16 CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS: Until the acceptance of the contract, the CONTRACTOR shall have the charge and care of the work and of the materials to be used therein (including materials for which he has received partial payment as provided in Subsection 109.06, "Partial Payments," or materials which have been furnished by the agency) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work, except as provided in Subsection 107.15, "Relief from Maintenance and Responsibility."

The CONTRACTOR shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except as otherwise expressly provided in Subsection 203.03.10, "Slides and Slip-outs," and Subsection 619.05.01, "Payment," for Object Markers and Guide Posts, and except for such injuries, losses, or damages as are directly and proximately caused by acts of the federal government or the public enemy. The CONTRACTOR shall, at his expense, provide suitable drainage for the project and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the CONTRACTOR of his responsibility for the work and materials as herein specified.

If ordered by the ENGINEER, the CONTRACTOR shall, at his expense, properly store materials which have been fully or partially paid for and furnished by the CITY. Such storage by the CONTRACTOR shall be on behalf of the CITY and the CITY shall at all times be entitled to the possession of such materials, and the CONTRACTOR shall promptly return the same to the site of the work when requested. The CONTRACTOR shall not dispose of any of the materials so stored except on written authorization from the ENGINEER.

107.17 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE: At points where the CONTRACTOR'S operations are adjacent to properties of railroad, telegraph, telephone, and power companies, or are adjacent to or in conflict with other property or utilities, damage to which might result in considerable expense, loss, or inconvenience, work shall not be commenced until all arrangements necessary for the protection thereof have been made.

The CONTRACTOR shall not begin any operations which may interfere with or impair the normal service being rendered by public or private utility operations, until such operators have been notified, and shall cooperate with the owners of any underground or overhead utilities in their removal and re-arrangements operations in order that these operations may progress in a reasonable manner, and that duplication of rearrangements work may be reduced to a minimum, and that services rendered by those parties will not be unnecessarily interrupted. The CONTRACTOR will be held responsible for the protection of the property of public or private utilities within the limits of the work.

In general, the repair and adjustment of street structures such as water lines, sewers, telephone, telegraph, gas, and electric lines, above or below the ground, will be made by the owners thereof as specified in Subsection 105.06, Paragraph 11.

When included in the proposal, the adjustment of sewer manhole frames and covers, inlets and catch basin frames and covers and the like, will be within the CONTRACTOR'S responsibility. The CONTRACTOR shall see that they are adjusted to conform to the lines, grades, and typical cross sections as shown on the plans, or as prescribed, without respect to whether the repairs and the roughing-in work have been performed by the CONTRACTOR or others.

Pipes or other construction shall be maintained in continuous service as far as practicable and CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

107 - 15 shall be properly protected and supported. In no case shall interruption of the water service be allowed to exist outside of working hours.

Fire hydrants shall be accessible at all times to the fire department. No material or other obstruction shall be placed closer to a fire hydrant than permitted by ordinances, rules, or regulations, or within 15 feet of the fire hydrant in the absence of such ordinances, rules, or regulations.

The CONTRACTOR shall give notice in writing to the proper authorities in charge of streets, gas, water pipes, sewer lines, electric, and other conduits, railroads, poles, manholes, catch basins, and all other property that may be affected by the CONTRACTOR'S operations, at least forty-eight (48) hours before breaking ground.

In the event of interruption to water or utility services as a result of accidental breakage, the CONTRACTOR shall promptly notify the proper authority. He shall cooperate with said authority in the restoration of service as promptly as possible. Attention is directed to Subsection 105.06, "Cooperation with Utilities."

107.18 FURNISHING RIGHT-OF-WAY: The CITY will be responsible for the securing of all right-of-ways shown in the plans. Any exceptions will be indicated in the contract.

107.19 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out any of the provisions of these specifications or in exercising any power or authority granted to them by or within the scope of the contract, there shall be no liability upon the officers or employees of the CITY, either personally or as officials of the CITY, it being understood that in all such matters they act solely as agents and representatives of the Political Subdivision.

107.20 NO WAIVER OF LEGAL RIGHTS: The CITY shall not be precluded or stopped by any measurements, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed, and materials furnished by the CONTRACTOR, nor from showing that any such measurement, estimate, or certificate is untrue or is incorrectly made, nor that the work or materials do not in fact conform to the contract.

The CITY shall not be precluded or stopped, notwithstanding any such measurement, estimate, or certificate, and payment in accordance therewith, from recovering from the CONTRACTOR or his sureties, or both, such damages as it may sustain by reason of his failure to comply with the terms of the contract.

Neither the acceptance by the CITY, or any representative of the CITY, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the CITY, shall operate as a waiver of any portion of the contract or of any power herein reserved, or of any right to damages. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach.

107.21 DUST CONTROL: Dust that originates from the CONTRACTOR'S operations either inside or outside the right-of-way, shall be controlled at all times by the CONTRACTOR in accordance with Federal, State and local laws, ordinances and regulations at the sole expense of the CONTRACTOR. The CONTRACTOR prior to the start of construction operations shall obtain a permit from the Clark County Air Pollution Officer. Reference is made to Section 637, "Pollution Control."

END OF SECTION 107 CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 LEGAL RELATIONS AND RESP. 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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Section 107 Appendix, Permits Checklist Check if Permit Type Issuing Agency Department Permit Required Grading City Building & Fire Safety http://www.cityofhenderson.com/building_fire_safety/permit_appli cations.php Construction Water Meter City Utility Services http://www.cityofhenderson.com/utility_services/utility_services_c ode.php

Barricade Plan City PW Traffic http://www.cityofhenderson.com/public_works/forms.php Dust Control Clark County Department of Air Quality http://www.accessclarkcounty.com/depts/daqem/aq/permit/pages/per Management mits_dust.aspx Operating Permit (Various Locations) Clark County Department of Air Quality http://www.accessclarkcounty.com/depts/daqem/aq/permit/pages/per Management mits_forms.aspx Entitlements (CZA, CZO, CCUP, etc.) City Community Development

Encroachment Permit City/NDOT PW New Development http://www.cityofhenderson.com/public_works/forms.php (Excavation Permit) No Cut Street City PW New Development http://www.cityofhenderson.com/public_works/forms.php

Building Permit City Building & Fire Safety http://www.cityofhenderson.com/building_fire_safety/permit_applicatio ns.php Notice of Proposed Construction or Federal Aviation http://www.faa.gov/forms/index.cfm/go/document.information/documen Alteration (7460) Administration tID/186273 Easement Application COH/Clark County PW Right of Way http://www.cityofhenderson.com/public_works/forms.php Recorder

Bureau of Land Management ROW City PW Right of Way http://www.cityofhenderson.com/public_works/forms.php

Bureau of Reclamation ROW City PW Right of Way http://www.cityofhenderson.com/public_works/forms.php Civil Improvement Plans City/PW New PW New Development (PCOH/PCVL) Development Stormwater Discharge Permit for NDEP Construction Activities Groundwater Discharge Permit NDEP Temporary Discharge permit 401 (Clean Water Act) NDEP Website: http://ndep.nv.gov/BWQP/401cert.htm Water Quality Certificate Instructions for 401: http://ndep.nv.gov/BWQP/file/401appguidance.pdf NDEP 401 Water Quality Cert: http://ndep.nv.gov/BWQP/file/401application.pdf Temporary Work in Waterways NDEP (formerly Rolling Stock Permit) http://ndep.nv.gov/BWPC/forms.htm 404 Army Corp of Wetlands Engineers Instructions: http://www.spk.usace.army.mil//organizations/cespk- co/regulatory/instructions.html Permit Application: http://www.spk.usace.army.mil//organizations/cespk- co/regulatory/pdf/ENG4345.pdf (also attached)

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SECTION 108

PROSECUTION AND PROGRESS

108.01 SUBLETTING OF CONTRACT: The Bidder shall perform with his own organization unless otherwise authorized by the Special Provisions, work amounting to not less than twenty- five percent (25%) of the combined value of all item of the work covered by the Contract.

If the bidder intends to sublet any portion of the labor or a portion of the work for which a Subcontractor will be paid an amount exceeding five percent (5%) of the prime Contractor's total bid, then the Bidder must furnish with their bid a list of the Subcontractors with their State of Nevada Contractors license number, monetary limit, and class of license.

Within two (2) hours after the completion of the opening of the bids, the bidders who submitted the three (3) lowest bids must submit a list with the name of each Subcontractor who will provide labor or a portion of the work to the CONTRACTOR for which he will be paid an amount exceeding one percent (1%) of the prime Contractor's total bid or fifty thousand dollars ($50,000), whichever is greater; the license number issued to the Subcontractor pursuant to NRS Chapter 338; and a description of the portion of the work which each Subcontractor named in the bid will complete. If the bidder fails to submit such a list within the required time, his bid shall be deemed not responsive. A form to facilitate the submission of this information is provided within the bid proposal section of these specifications.

Any possessor of a valid Nevada Contractor's License in any category shall be considered a Subcontractor and not an "employee" of the General Contractor during the progress of the work under a CITY Contract. The Bidder shall verify prior to submitting its bid that all Subcontractors listed are properly licensed. No allowance in Contract price or time will be allowed for substitutions resulting from Subcontractors being listed that were not properly licensed and/or not qualified to perform their respective portions of the work.

If the Bidder does NOT intend to sublet any part of the work, he SHALL insert the word "NONE" in the space provided. Failure to complete the Subcontractors' list or to insert the word "NONE" in the space provided shall be sufficient grounds for disqualification of the proposal. If the word “NONE” is inserted on the form, the Bidder shall thereby represent that he will perform such work with his own forces and will not be allowed to add a Subcontractor for an area of work which should have been listed, unless: 1. The CONTRACTOR demonstrates to the satisfaction of the CITY that the addition of an unlisted Subcontractor is in the best interest of the CITY; 2. The reasons why a subcontractor was not originally contemplated to be used on that portion of the work; and 3. For each requested additional Subcontractor whose Contract value is over $50,000 or 1% of the Contract Price (whichever is greater), the CONTRACTOR pays the CITY 5% of the subcontract amount. This represents a total of the estimated administrative cost of the CITY associated with considering such change and the estimated savings to the CONTRACTOR by adding the Subcontractor.

The CITY shall verify through the Nevada State Contractors Board only that information required pursuant to NRS 338.141 as provided by the Bidders. Any Bidder or Subcontractor questioning licensing or utilization of any Subcontractor(s) shall direct their inquiries to the Nevada State Contractors Board with a copy of all correspondence to the CITY. The CITY will not conduct any investigations regarding the Bidders’ (Prime Contractor) relationships with Subcontractors as defined in NRS 338.140.1.d. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 PROSECUTION AND PROGRESS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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Award of the Contract shall be deemed an approval of the listed Subcontractors and the portions of the work to be sublet. The bidder shall be bound by and comply with Nevada Revised Statute 338.141 to limit the practice of shopping for bids.

A CONTRACTOR whose bid is accepted shall not substitute a Subcontractor for any Subcontractor who is named in the bid, unless: 1. The public body or its authorized representative objects to the Subcontractor, requests in writing a change in the Subcontractor and pays any increase in costs resulting from the change; or 2. The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative determines that: a) The named Subcontractor, after having a reasonable opportunity, fails or refuses to execute a written Contract with the CONTRACTOR which was offered to the named Subcontractor with the same general terms that all other Subcontractors on the project were offered; b) The named Subcontractor files for bankruptcy or becomes insolvent. c) The named Subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025; or d) The named Subcontractor is not properly licensed to provide that labor or portion of the work.

“General term,” as used in this provision [reference (b)(1) above], means the terms and conditions of a Contract that sets the basic requirements for a public work and apply without regard to the particular trade or specialty of the Subcontractor, but does not include any provision controls or relates to the specific portion of the public work that will be completed by the Subcontractor, including, without limitation, the materials to be used by the Subcontractor.

The Bidder shall be as fully responsible to the Contracting Agency for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

The Bidder shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Bidder by the terms of the Contract documents insofar as is applicable to the work of the Subcontractors and to give the CONTRACTOR the same power in regard to terminating any subcontract that the CITY may exercise over the Bidder under any provision of the Contract documents. Nothing contained in this Contract shall create any contractual relationships between any Subcontractor and the CITY.

The Bidder agrees to provide, upon the CITY’S request, copies of any or all Contracts that it may have with its Subcontractor(s), to be used to determine the price of additional work performed pursuant to change orders, to evaluate claims for costs incurred for the performance of additional work, and/or to prepare for potential arbitration or litigation.

The proposed Contract represents an agreement between the CITY and the CONTRACTOR. Therefore the CONTRACTOR accepts full responsibility for representing its’ Subcontractors fairly and reasonably in all aspects of this project. CONTRACTOR recognizes that it is the SOLE channel by which the Subcontractors can and will convey and resolve any and all concerns.

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Furthermore CONTRACTOR agrees to immediately inform the CITY of any Subcontractor concerns and/or conflicts that may require the CITY’S attention.

108.02 NOTICE TO PROCEED: The successful bidder agrees to conform to the following, which shall govern the physical Notice to Proceed for this project: 1. Authorization to commence actual physical work shall be issued by the CITY. 2. The authorization to proceed shall be given verbally to the successful bidder. The CITY shall confirm this authorization in writing. 3. The verbal authorization to proceed shall have an actual start date for physical work to commence and a scheduled completion date. 4. After the CITY has issued a verbal Notice to Proceed, failure of the successful bidder to commence work by the actual start date shall be grounds for breach of contract. 5. A "MATERIAL NOTICE TO PROCEED" may be issued by the CITY subject to the same conditions as items 1, 2, and 3 of the physical Notice to Proceed requirements. The maximum allowed time for acquisition of materials will be the number of calendar days specified in the contract after verbal authorization has been given by the CITY. 6. At the successful bidder's option, he may elect to start work during the "MATERIAL NOTICE TO PROCEED" time. If the successful bidder elects to commence physical work prior to the calendar days of the "MATERIAL NOTICE TO PROCEED" expiration, the following shall apply: a) Once the actual date the successful bidder elects to enter the project and commence physical work, the time allotted for "PHYSICAL WORK" shall commence. b) No stop orders shall be issued due to lack of materials that have not arrived. c) Any time remaining under the calendar day "MATERIAL NOTICE TO PROCEED" shall expire automatically at the end of the last calendar day for physical work to be completed.

The CITY will only issue a Notice to Proceed after receipt of all required bonds, proof of insurance, proof of executed five percent (5%) and one percent (1%) Subcontract agreements and any other required post-bid submittals.

The CONTRACTOR, by execution of the Contract documents, agrees to commence work on the date specified in the Notice to Proceed issued by the CITY and to fully complete the project within 45 CALENDAR DAYS.

The CONTRACTOR shall perform all work as may be necessary to complete the Contract in a satisfactory and acceptable manner, and unless otherwise provided, shall furnish all transportation, materials, equipment, tools, labor or incidentals necessary to complete the work in the best possible and most expeditious manner.

The time specified represents no overtime requirement and therefore any overtime work scheduled by the CONTRACTOR to complete the project within the designated timeframe shall be solely at the cost of the CONTRACTOR.

Separate portions of the work may be subject to milestone or specific dates of completion. The CONTRACTOR shall complete all work in accordance with the applicable milestones or specific dates and any costs associated with the overtime required to meet these deadlines shall be solely the responsibility of the CONTRACTOR and included in the bid price.

108.03 PROSECUTION AND PROGRESS: When required by the CITY, the CONTRACTOR shall furnish the CITY with a "Progress Schedule" for approval.

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The progress schedule may be used as the basis for establishing major construction operations and as a check on the progress of the work.

The CONTRACTOR shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the Special Provisions. The CONTRACTOR shall notify the CITY at least twenty-four (24) hours in advance of resuming operations if the prosecution of the work for any reason was discontinued.

108.03.01 SCHEDULES: The CONTRACTOR shall be responsible for planning, scheduling, and reporting the progress of the work to ensure timely completion of the Contract.

CONTRACTOR shall submit the anticipated progress schedules in accordance with the following: The Progress Schedule must be submitted to the CITY five (5) days prior to the Pre- construction Conference. The CONTRACTOR’S Schedule will be included in the Pre- Construction agenda of items to review and discuss. The CONTRACTOR is required to have an approved Schedule prior to NTP. Failure to obtain the CITY’S approval prior to NTP will NOT delay the project start date but will be cause for the CITY to withhold an additional 20% from the CONTRACTORS first pay estimate and each subsequent pay estimate until such requirement is satisfied. Once approval is obtained, all such withholdings will be released on the following months pay estimate. The Schedule is to include a complete critical path including a detailed network diagram acceptable to the CITY with the following features and requirements: 1. All activities are to be organized and described to conform to the Contract Bid Items. Activity descriptions shall be unique in accordance with each item’s individual work requirements. 2. Network Diagram shall be time scaled in calendar days. All activities shall be plotted on their anticipated early start and finish dates, as well as the other columns as described later herein. No activities shall have duration’s greater than fifteen days unless otherwise previously approved by the CITY. 3. Network diagram shall show the sequence of each activity as well as each activity’s interdependence upon one another. 4. Critical activities must be clearly defined on the baseline, three-week look-ahead and all monthly updates using one color (i.e. red). 5. In addition to all of the required construction activities, the Network diagram must include all non-work related items requiring approval by the CITY for completion of the work. 6. The activities must be broken down such that the reviewer may clearly follow the sequence of events required in completing each item (i.e. forming, reinforcing and placement of concrete) and the respective days such activities are to be performed. 7. The network diagram shall be accompanied by a schedule report which includes the following data for each activity: a) Activity Number b) Activity Description c) Activity Duration d) Early Start Date e) Late Start Date f) Early Finish Date g) Late Finish Date h) Total Float i) Responsibility for each activity (i.e. Contractor, Subcontractor, Supplier etc.…) 8. For projects greater than or equal to three million dollars ($3,000,000.00), the baseline CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 PROSECUTION AND PROGRESS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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and subsequent monthly update must include a balanced resource loaded schedule which identifies the anticipated types and models of each piece of equipment, and all labor required broken down into labor categories for each activity. All major Subcontractors (i.e. 5% and above) are to have their resources identified for each activity as well.

The CONTRACTOR is required to update his schedule monthly and submit it with each pay request. Each update must include the following: 1. All updated schedules must show the actual activity completion and activities in progress. 2. Any negative float must be explained in detail. 3. The percentage of revenue earned as of the report date.

Any problems potential or realized are to be identified and accompanied with a narrative detailing the circumstances surrounding any such issues and the corrective measures to be taken.

If the Contract falls behind schedule by ten (10) or more calendar days, the CONTRACTOR must submit a recovery schedule. This recovery schedule must define what adjustment in resources the CONTRACTOR is going to make, for each related activity, in order for the project to be back on schedule within thirty (30) days. Such recovery schedule must be provided to the CITY within five (5) days of receiving the CITY’S request.

The monthly report must include a total float summary sequencing activities from least to greatest float and ordered by early start.

Each monthly report must include a predecessor/successor analysis showing the predecessors, successors, logic ties and constraints for each activity.

The CONTRACTOR is required to submit a three-week look-ahead schedule for review by all parties at each weekly progress meeting. Such three-week look ahead must show all activities that are to be performed during the three-week period.

Float is not for the exclusive use of either the CONTRACTOR or CITY.

Extensions in Contract time will be granted if activities are delayed by NO fault of the CONTRACTOR as determined by the CITY. Furthermore such extensions will be granted only if the delays push the actual completion time beyond that allowed by the original Contract. Time impact analysis for extensions in Contract time shall be prepared in accordance with guidelines of Section 108.08 “Determination and Extension of Contract Time”.

Failure of the CONTRACTOR to comply with the schedule requirements as detailed herein will be grounds for the CITY to withhold an additional twenty (20%) percent from the monthly progress payments in addition to the normal retention. Such monies will be withheld until CONTRACTOR is in complete compliance. Withheld monies will be released on the next month’s pay estimate upon evidence of compliance.

Acceptance of the CONTRACTOR’S Schedules by the CITY will not relieve the CONTRACTOR of the obligation to complete the work within the Contract time, or as granting, rejecting, or in any way acting upon CONTRACTOR’S requests for adjustments to the date for completing Contract work, or claims for additional compensation.

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Such requests shall be processed in strict compliance with other relevant provisions of this Contract.

The CONTRACTOR shall participate in a review and evaluation of the proposed Schedule, as well as at each monthly update.

Revisions as a result of the review shall be submitted for acceptance to the CITY within ten calendar days after the review.

The required schedule and reports shall be submitted to the CITY as follows: 1. Project Schedule: Detailed Network diagram/Baseline/Resource Loaded Schedule – 3 plotter sized originals, 8 copies of the narrative, and one 3 1/2” computer disc copy.

2. Monthly Updates – Three original plotter sized copies, three copies of the narrative and a 3 ½” disc copy. 3. Weekly three-week look-ahead – Copies for each attendee of the weekly progress meetings.

Qualifications of Scheduler: The CONTRACTOR shall use the services of a scheduler (either an employee of the CONTRACTOR or a Sub-consultant to the CONTRACTOR) who has verifiable training and credentials in preparing and maintaining a computerized CPM Construction Schedule using Primavera software or equivalent as specified herein.

This scheduler shall have performed CPM scheduling on at least three (3) completed construction projects of value at least 75 percent as large as this one and having at least 75 percent as many scheduled items as this project.

For projects greater than or equal to three million dollars ($3,000,000.00) scheduling on these projects shall have been resource loaded using Primavera software (P3 for Windows) or equal. Evidence supporting these credentials shall be provided to the CITY at the Pre-construction conference.

108.04 LIMITATIONS OF OPERATIONS: The CONTRACTOR shall conduct the work in such a manner and in such sequence as will assure the least interference with traffic. He shall have due regard to the location of detours and to the provisions for handling traffic. He shall not open up work to the prejudice or detriment of work already started. The CITY may require the CONTRACTOR to finish a section on which the work is in progress before work is started on any additional sections if the opening of such section is essential to public convenience.

No productive work will be required on Saturdays, Sundays, or holidays unless otherwise provided for in the Special Provisions. If, however, the CONTRACTOR elects to work on such days, those days worked will be charged as working days. The CONTRACTOR shall give the CITY notice of his intention to work on the aforementioned days at least forty-eight (48) hours in advance of such work. Holidays are defined in Subsection 101.30, "Holidays" of these specifications.

The CONTRACTOR’S operations shall be restricted to areas shown on the drawings, which depict the limits of construction and/or right-of-way. The CONTRACTOR shall limit disturbance to the work area.

At no time shall materials and supplies be stored or stockpiled within eighteen (18) feet of a travel lane unless separated by guardrail or concrete barrier rail.

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108.05 CHARACTER OF WORKMEN; METHODS AND EQUIPMENT: The CONTRACTOR shall at all times employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time required by these specifications.

Workmen shall have sufficient skill and experience to perform properly the work assigned to them. Workmen engaged in special or skilled work shall have sufficient experience in such work and in the operation of the equipment required performing the work satisfactorily.

Any person employed by a CONTRACTOR or Subcontractor who does not perform their work in a proper manner or is intemperate or disorderly, shall, at the written request of the CITY, be removed immediately by the CONTRACTOR or Subcontractor employing such person and such person shall not be employed again in any portion of the work without the written approval of the CITY.

Should the CONTRACTOR fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the CITY may suspend the work by written notice until such orders are complied with.

All equipment used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the project shall be such that no injury to the roadway, adjacent property, or other improvement will result from its use.

When the Contract specifies that the construction be performed by the use of certain methods and equipment, such methods and equipment shall be used unless authorized by the CITY. If the CONTRACTOR desires to use methods or types of equipment other than those specified in the Contract, he may request authority from the CITY to do so.

The request shall be in writing and shall include a full description of the methods and equipment to be used and an explanation of the reasons for desiring to make the change. If approval is given, it will be on the condition that the CONTRACTOR will be fully responsible for producing work in conformity with Contract requirements and with the concurrence of the CITY.

If, after trial use of the substituted methods or equipment, the CITY determines that the work produced does not meet Contract requirements, the CONTRACTOR shall discontinue the use of the substituted method or equipment and shall complete the remaining construction with the specified methods and equipment. The CONTRACTOR shall remove the deficient work and replace it with work of specified quality, or take such other corrective action as the CITY may direct. No change will be made in basis of payment for the construction items involved or in Contract time as a result of authorizing a change in methods or equipment under these provisions.

108.06 TEMPORARY SUSPENSION OF WORK: The CITY shall have the authority to suspend the work wholly or in part, for such period, as he may deem necessary due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work. The CITY shall have the authority to suspend the work wholly or in part for such time as it may deem necessary, due to the failure on the part of the CONTRACTOR to carry out orders given, or to perform any provision of the Contract. The CONTRACTOR shall immediately comply with the written order of the ENGINEER or CITY to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and the CONTRACTOR corrects methods, as ordered or approved in writing.

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In the event that a suspension of work is ordered as provided above, for the following reasons: 1. The failure of the CONTRACTOR to carry out orders 2. The failure of the CONTRACTOR to perform any provision of the Contract 3. By reason of weather conditions being unsuitable for performing any item or items of work, that could have been performed prior to the occurrence of such unsuitable weather conditions had the CONTRACTOR diligently prosecuted the work when weather conditions were suitable

The CONTRACTOR, at his own expense, shall do all the work necessary to provide a safe, smooth and unobstructed passageway through construction for use by public traffic during the period of such suspension. Such passageway shall conform to Subsection 107.07, "Traffic and Access," and as specified in the Special Provisions for the work.

If all the work, or the portion of the work which is the currently controlling operation, is suspended due to unsuitable weather or to such conditions as are considered unfavorable to the suitable prosecution of the work, a time extension may be awarded if the following conditions are satisfied: 1. The weather must actually cause a delay to the completion of the project and the delay must be beyond the control and without the fault or negligence of the CONTRACTOR; and either: a) The weather experienced at the project site during the Contract period must be found to be unusually severe, that is more severe than the adverse weather normally anticipated for the project location during the Contract time; or b) The CITY orders the suspension of the work in the interest of public safety or health or due to specification requirements.

The following schedule of anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for the total Contract time adverse weather delay evaluations. The CONTRACTOR’S progress schedule must assume to anticipate this degree of adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DAYS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 6 2 2 1 1 0 2 2 1 1 1 3

When weather prevents work on critical activities for 50 percent or more of the CONTRACTOR’S scheduled work day, the CONTRACTOR is to provide written notification to the CITY within ten (10) calendar days of each occurrence.

A Time Extension may be granted when the number of actual adverse weather days calculated from the Notice to Proceed date to the date the CONTRACTOR asserts the request, exceeds the total cumulative anticipated adverse weather delays for the entire project using the above table. For example, if the project were to begin January 1 and substantial completion was scheduled for June 1, no adverse weather delays would be added to the schedule until after the twelfth adverse weather delay.

If the CONTRACTOR wishes to assert additional claim(s) for time adjustment at a later date(s), each succeeding claim must address the time period from NTP date to the date of the request. No compensation will be made for monetary damages due to adverse weather delay(s).

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In the event that the CONTRACTOR fails to perform the work above specified, the CITY will perform such work and the cost thereof will be deducted from money due or to become due the CONTRACTOR.

If a portion of work at the time of such suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.

If a suspension of work is ordered by the CITY, due to the failure on the part of the CONTRACTOR to carry out orders given to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days. If such days are working days within the meaning of the definition set forth in Subsection 101.78, "Working Day."

If the CONTRACTOR fails to correct defective work as required, or fails to carry out the work in accordance with the Contract Documents, the CITY may order the CONTRACTOR to stop the work, or any portion thereof, until the cause for such order has been eliminated. All delays in the work occasioned by such stoppage shall not relieve the CONTRACTOR of any duty to perform the work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the CITY. During the period of suspension, the CONTRACTOR shall provide a safe, smooth and unobstructed passageway through construction for use by public, pedestrian and vehicular traffic. In the event the CONTRACTOR fails to perform the work as specified, the CITY may perform such work and the cost thereof may be deducted from monies due the CONTRACTOR under the Contract.

In the event of a suspension of work under any of the conditions set forth in this section, such suspension of work shall not relieve the CONTRACTOR of his responsibilities as set forth in Section 107, "Legal Relations and Responsibility to the Public."

108.07 PRECONSTRUCTION CONFERENCE: After the Contract has been awarded and prior to commencing work, the CITY may designate a time and place satisfactory to the CONTRACTOR for a pre-construction conference. At such time the CITY will outline detailed requirements to be followed in performance of the contract.

108.08 DETERMINATION AND EXTENSION OF CONTRACT TIME: The contract time for completion will be fixed by the CITY, and will be stated in the Special Provisions, either as a calendar date, or based on a number of working days, or on a specified number of calendar days. Attention is directed to Subsection 101.78, "Working Day."

The CONTRACTOR shall perform the work in an acceptable manner within the time stated in the contract except that the contract time for completion may be adjusted as follows: 1. If the satisfactory completion of the Contract shall require performance of work in greater quantities than those set forth in the proposal, the time allowed for performance shall be increased in the same ratio as the final estimate bears to the original contract amount.

Excepting that the final monetary amount of any supplemental agreement or contract change order for which an extension of contract time was previously allowed shall be deducted from the final estimate prior to making the pro-rata time adjustment. The final monetary amount of supplemental agreements or contract change orders for which an extension of contract time has not been allowed will be included in the final estimate for making the pro-rata time adjustment. The amount for asphalt cements and liquid asphalt

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will not be considered in the original or the final estimates for determining time extensions. 2. If action or inaction by the CITY causes delay beyond the CONTRACTOR’S control, such delays will entitle the CONTRACTOR to an extension of time. Said extension will be based upon the effect of delays to the project as a whole and will not be granted for non- controlling delays to minor included portions of work, unless it can be shown that such delays did, in fact, delay the progress of the product as a whole. 3. When delays occur due to unforeseen causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to acts of God, acts of the public enemy, acts of government agency, fires, floods, epidemics, strikes, and freight embargoes, the time for completion shall be extended an amount determined by the CITY to be equivalent to the delays; provided, however, written request for such extension of time is made by the CONTRACTOR within ten (10) calendar days after the beginning of such delay. No allowance shall be made for delay or suspension of the work due to fault of the CONTRACTOR.

Certain critical materials such as steel, copper, aluminum and bituminous products may be difficult to obtain due to a nationally recognized shortage or defense needs. The CONTRACTOR shall make every reasonable effort necessary to order and procure all such critical materials sufficiently in advance so as not to delay the completion of the project. Should a delay occur in obtaining critical materials that were properly ordered by the CONTRACTOR, the time for completion of the contract may be extended an amount determined by the CITY to be equivalent to the delay in project progress due to said delay in obtaining critical materials provided that: 1. The delay in furnishing critical materials was due to defense needs or nationally recognized shortage. 2. The CONTRACTOR furnishes evidence to the CITY'S satisfaction that he had taken adequate steps for a guaranteed delivery date from his supplier. In no event shall the CONTRACTOR be entitled to any extension of time without proof of either of the following conditions: a) That the delay to an activity on the critical path of the Contract Schedule actually delayed the project completion beyond the Substantial completion date; or b) That the delay transformed an activity into the critical path of the Contract Schedule, which would delay the project completion beyond the Substantial completion date. c) When the CONTRACTORS responsible delay is concurrent with the CITY responsible delay, any time extension granted will be considered to be excusable but non-compensated. The sole remedy available by Contract to the CONTRACTOR for the CITY responsible delay will be for a time extension directly associated with the actual delay time. 3. The evidence must contain certification of adequate steps for a guaranteed delivery by not less than three (3) suppliers of the material or if three (3) suppliers are not available, the CONTRACTOR shall so certify and supply certification from such suppliers as there are. 4. That the CITY does not find a source when notified of the shortage by the CONTRACTOR. 5. That the CONTRACTOR obtains such material from the first source available after such certification.

The contract time shall begin as set forth in Subsection 108.02, "Notice to Proceed" and shall end upon acceptance made by the CITY as prescribed in Subsection 105.16, "Final Acceptance."

For any extension in Contract time, whether for a change order, request for proposal, force account work, or delay, a time impact analysis must be submitted to the CITY. Each analysis shall include a detailed network diagram demonstrating where the CONTRACTOR proposes to incorporate the change or delay in the current schedule. The network diagram shall show the

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108 - 10 current activities affected by the change or delay and the proposed activity logic relationships due to the change or delay. The time impact analysis shall demonstrate the time impact based on the date the delay occurred, the status of construction at that time and the event time computation of all affected activities. The event times used in the time impact analysis shall be those included in the latest schedule update or as adjusted by mutual agreement. A narrative shall be provided containing the rationale used in developing the analysis. In the case of a delay claim, the network diagram must establish the cause of the delay and the effect this delay had on the overall completion of the project, not just an isolated part of the work. It is imperative that the CONTRACTOR establishes the interrelationship between the disrupted tasks and the other activities on the schedule’s critical path. The preparation of the time impact analysis is considered part of the construction process and will be performed at no additional cost to the CITY. A Contract change shall only be authorized when a time impact analysis indicates impact to a milestone date or the Substantial Completion date. The Baseline schedule shall be revised only upon the CONTRACTOR’S receipt of an approved change order for the Contract. The revision shall then be incorporated into the next schedule update submission. Change order activities shall be identified in the same format and level of detail as contained in the Baseline schedule, and coded in a manner that they can be identified to the specific change order.

108.08.01 NOTICE OF DELAYS: When the CONTRACTOR foresees or experiences a delay in the prosecution of the work, the CONTRACTOR shall notify the CITY in writing of the probability or the occurrence of the delay and the estimated extent of the delay and its cause. The CONTRACTOR shall take immediate steps to prevent, if possible, the occurrence or continuance of the delay. The CONTRACTOR agrees that no claim shall be made for delays, which are not called to the attention of the CITY at the time of their occurrence.

Non-Excusable Delays: Non-excusable delays in the prosecution of the work shall include delays, which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of the CONTRACTOR, Subcontractors of any tier, or suppliers.

Excusable Delays: Excusable delays in the prosecution or completion of the work shall include delays which result from causes beyond the control of the CONTRACTOR and CITY and which could not have been avoided by the exercise of care, prudence, foresight and diligence on the part of the CONTRACTOR, Subcontractors of any tier, or suppliers. Extensions of time shall be granted according to the provisions in section 108.08 “Determination and Extension of Contract Time”. Weather delays shall be assessed according to the provisions of section 108.06 “Temporary Suspension of Work”.

108.09 FAILURE TO COMPLETE WORK ON TIME: Time is an essential element of the Contract and it is important that the work be pressed vigorously to completion.

The cost to the CITY of the administration of the contract, including engineering, inspection, and supervision will be increased as the time occupied in the work is lengthened. The public is subject to detriment and inconvenience when full use cannot be made of a project.

The CONTRACTOR, by execution of this Contract with the CITY, agrees to commence work on the date specified in the Notice to Proceed and to fully complete the project within the specified Contract time. If the CONTRACTOR fails to complete the work within the time agreed upon in the Contract, including any extensions, the CONTRACTOR shall pay the sum of $1000 per day for each day the work shall remain uncompleted. This sum shall be considered and treated not as a penalty but as liquidated damages due to the CITY from the CONTRACTOR.

These damages shall cover any inconvenience to the public, added cost of engineering and supervision and other items which have caused an expenditure of public funds resulting from his CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 PROSECUTION AND PROGRESS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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failure to complete the work within the time specified in the Contract. The CITY may deduct the sum of liquidated damages from any monies due or that may become due the CONTRACTOR, or if such monies are insufficient, the CONTRACTOR shall pay to the CITY any deficiency. The remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. The signing of the Contract shall be deemed prima facie evidence that the CONTRACTOR agrees that the amount of liquidated damages stated above is fair and reasonable.

At the time of presumptive completion of the work, and, excepting minor corrections punch list items and clean-up, the CONTRACTOR will receive a Notice of Substantial Completion from the CITY in accordance with section 105.16 “Final Acceptance”. On the date of the Notice of Substantial Completion, the time specified in the Contract for completion of the work will terminate. Thereafter, the CONTRACTOR shall complete all work on the "punch list" and required cleanup within 30 calendar days or other time as agreed to by the CONTRACTOR and the CITY.

Should the CONTRACTOR fail to complete the "punch list" within the above allocated time or within such extra time as allowed by the City, there shall be deducted from any money due the CONTRACTOR the sum of $1000.00 per day for each calendar day exceeding the allotted time. This sum shall be considered and treated not as a penalty, but as damage due the CITY from the CONTRACTOR. These damages shall cover any inconvenience to the public, added cost of engineering and supervision and other items which have caused an expenditure of public funds resulting from his failure to complete the work on the "punch list" and required clean-up.

Permitting the CONTRACTOR to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the CITY of any of its rights under the contract.

The CITY may waive such portions of the liquidated damages as may accrue after all work is completed, except "Final Clean-Up" and seeding gravel pit and borrow areas and haul roads.

108.10 DEFAULT AND TERMINATION OF CONTRACT: If for any cause whatsoever, the CONTRACTOR fails to carry on the work in an acceptable manner, the CITY will give notice in writing to the CONTRACTOR and his surety of such delay, neglect, or default.

The CONTRACTOR shall be considered in default and the contract may be terminated if any of the following shall occur: a) Fails to begin the work under the contract within the time specified in the Notice To Proceed, or b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to assure the prompt completion of said work, or c) Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d) Discontinues the prosecution of the work, or e) Fails to resume work which has been discontinued after notice to do so, or f) Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency, or g) Allows any final judgement to stand against him unsatisfied for a period of five (5) days, or h) Makes an assignment for the benefit of creditors, or i) For any other cause whatsoever, fails to carry on the work in an acceptable manner, the

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CITY will give notice in writing to the CONTRACTOR and his surety of such delay, neglect or default. j) The CONTRACTOR fails to maintain bonding, Nevada State Contractor’s Board License, State Industrial Insurance, or other insurance policies for limits as defined in the Contract documents, or k) The CONTRACTOR persistently disregards laws, ordinances, rules, regulations or the orders of a public authority having jurisdiction, or l) The CONTRACTOR has otherwise materially breached the Contract.

If the CONTRACTOR or surety, within a period of ten (10) days after such notice, does not proceed in accordance therewith, then the CITY shall have full power and authority without violating the Contract, to take the prosecution of the work out of the hands of the CONTRACTOR. The CITY may, at their option, due one of the following: 1. Call upon the surety to complete the work in accordance with the terms of the Contract. 2. Take over the work, including any or all materials and equipment on the project as may be suitable and acceptable 3. Complete the work by force account 4. Enter into a new agreement for the completion of said Contract according to the terms and provisions thereof, 5. Use such other methods as, in their opinion, will be required for the completion of said Contract in an acceptable manner.

All costs and charges incurred by the CITY, together with the cost of completing the work under the contract, shall be deducted from any money due or which may become due said CONTRACTOR. In case such expense shall exceed the sum which would have been payable under the contract, then the CONTRACTOR and his surety shall be liable and shall pay to the CITY the amount of said excess.

108.11 TERMINATION OF THE CONTRACTOR’S RESPONSIBILITY: Whenever the improvement contemplated and covered by the Contract has been: 1. Completely performed on the part of the CONTRACTOR; and 2. All parts of the work have been approved and accepted by the CITY; and 3. The final estimate has been paid

The CONTRACTOR'S obligations shall then be considered fulfilled, except as set forth in his contract bond and as provided in Subsection 107.11, "Responsibility for Damage Claims."

108.12 RIGHT-OF-WAY DELAYS: The CONTRACTOR may be compensated for delays caused solely by the failure of the CITY to furnish necessary rights-of-way

If performance of the CONTRACTOR'S work is delayed as the result of the failure of the CITY to acquire or clear right-of-way, an extension of time determined pursuant to the provisions of Subsection 108.08, "Determination and Extension of Contract Time," will be granted.

108.13 TERMINATION OF CONTRACT: Prior to, or during the performance of the work, the CITY reserves the right to terminate the Contract for convenience. Upon such an occurrence, the CITY will immediately notify the design professional and the CONTRACTOR in writing specifying the effective termination date of the Contract.

After receipt of the Notice of Termination, the CONTRACTOR shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 PROSECUTION AND PROGRESS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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at that point in the Contract: 1. Stop all work 2. Place no further subcontracts or orders for materials or services 3. Terminate all subcontracts 4. Cancel all material and equipment orders as applicable 5. Take action that is necessary to protect and preserve all property related to this Contract which is in the possession of the CONTRACTOR.

Within 60 days of the Notice of Termination, the CONTRACTOR shall submit a final termination settlement proposal to the CITY based upon costs incurred up to the date of termination, reasonable profit on work done only, and reasonable demobilization costs. If the CONTRACTOR fails to submit the proposal within the time allowed, the CITY may determine the amount due to the CONTRACTOR because of the termination and shall pay the determined amount to the CONTRACTOR. No claim for loss of anticipated profits shall be considered.

Reimbursement for organization of the work (when not otherwise included in the contract) and moving equipment to and from the job will be considered where the volume of work completed is too small to compensate the CONTRACTOR for these expenses under the Contract unit prices, the intent being that an equitable settlement will be made with the CONTRACTOR.

Acceptable materials, obtained by the CONTRACTOR for the work, that have been inspected, tested, and accepted by the CITY and that are not incorporated in the work may, at the option of the CITY, be purchased from the CONTRACTOR at actual cost as shown by receipted bills and actual cost records, at such points of delivery as may be designated by the CITY.

Termination of the Contract or a portion thereof shall not relieve the CONTRACTOR'S surety of its obligation for any just claims arising out of the work performed.

108.14 MATERIAL BREACH OF CONTRACT: Failure to comply with any requirements of NRS 338.0117, paragraphs (a) to (e) inclusive, of subsection 1 is a material breach of the Contract and entitles the CITY to liquidated damages in the amount of 1 percent of the cost of the Contract. Each contract between the CONTRACTOR and Subcontractors must provide for the apportionment of liquidated damages assessed pursuant to subsection 5 if a person other than the CONTRACTOR was responsible for the breach. The apportionment of liquidated damages must be in proportion to the responsibility of each party for the breach.

The CITY may recover by civil action liquidated damages associated with a breach of Contract.

END OF SECTION 108

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108 - 14 SECTION 109

MEASUREMENT AND PAYMENT

109.01 MEASUREMENT OF QUANTITIES: The measurements and determination of the number of units of each pay item will be made in general as prescribed hereinafter and specifically as set out under "Method of Measurement" and "Basis of Payment" in the specification of each pay item.

After items of work are completed, and before any final payment is made, the CITY will determine the quantities of the various items of work performed as the basis for final settlement for all other than lump sum contracts. In the case of unit price items, the CONTRACTOR will be paid for the actual amount of work performed and materials used in accordance with these specifications, as shown by the final measurements, unless otherwise specified.

Actual authorized quantities of work satisfactorily completed under the contract, shall be measured by the CITY in accordance with United States Standard Measures, and well recognized engineering practices. Unauthorized wasting of material will be deducted and only such quantities as are actually incorporated in the completed work will be included in the final estimate. The planimeter shall be considered an instrument of precision adapted to the measurement of areas, but other acceptable methods may be used.

Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures having an area of nine (9) square feet or less. Unless otherwise specified, transverse measurements for area computation will be the neat dimensions shown on the plans or ordered in writing by the CITY.

In computing volumes of excavation, embankment, and borrow, the average end area method will be used unless otherwise specified.

All items which are measured by the linear foot shall be measured parallel to the base or foundation upon which such structures are placed, unless otherwise shown on the plans.

Items may be measured by surface area, either square foot or square yard.

The term "gage" when used in connection with the measurement of plates, shall mean the U.S. Standard Gage. When reference is made, however, to the measurements of galvanized sheets used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing, the term "gage" shall mean that specified in the respective test designation for the material as described in the "Materials" section of these specifications.

When the term "gage" refers to the measurement of wire, it shall mean the wire gage specified in the AASHTO Designation M 32 for cold drawn steel wire for concrete reinforcement.

Unless otherwise specified, water meters shall be accurate to within two (2) percent of the indicated amount. The frequency of checking water meters will be determined by the CITY.

The term ton shall mean the short ton consisting of two thousand (2,000) pounds avoirdupois. All materials, which are specified for measurement by ton shall be weighed on accurate, approved scales set at locations designated by the CITY. All materials shall be weighed on platform scales with the following exception: In lieu of platform scales, the CONTRACTOR may provide an automatic printer system which will print the weights of the material delivered,

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109 - 1 provided the system is used in conjunction with an approved automatic batching control system. Such a system shall issue a weigh ticket for each load. The CONTRACTOR shall have on hand not less than ten (10) fifty (50) pound standards weights for testing the scales.

All scales shall be furnished by and at the expense of the CONTRACTOR and shall have a certificate of inspection by the Bureau of Weights and Measures. The scales shall be tested and inspected by the Bureau of Weights and Measures and a new inspection certificate required as often as the CITY may deem necessary, and after each scale move, in order to insure the accuracy of the scales.

All scales shall be furnished by and at the expense of the CONTRACTOR and shall have a certificate of inspection by the Bureau of Weights and Measures. The scales shall be tested and inspected by the Bureau of Weights and Measures and a new inspection certificate required as often as the CITY may deem necessary, and after each move in order to insure the accuracy of the scales. The CONTRACTOR shall pay for the initial inspection and inspections required after each move.

If combination vehicles are utilized, provisions must be made to ensure that all braking devices are disengaged during weighing operations as insurance against stresses being transmitted between either vehicle.

The scale pit must be of sufficient width to permit access to all scale components for purposes of inspection, repair, cleaning, and adjusting.

Support members for platform scales shall consist of twelve by twelve inch (12" X 12") or six by sixteen inch (6" X 16") (minimum) timbers placed on a firm gravel foundation. Scales consisting of more than one section shall be supported with twelve by twelve inch (12" X 12") or six by sixteen inch (6" X 16") (minimum) timbers at each end of each section to avoid settlement of the scale platform. Concrete support members conforming to the minimum timber size requirements may be utilized in lieu of timber at the CONTRACTOR’S option.

Platform scales shall be equipped with weatherproof housing so constructed as to protect the recording device and permit the weighmaster convenient access to all beams and dials. The housing shall not be less than six (6) feet wide, eight (8) feet long and seven (7) feet high, and shall have two windows, adjustable for ventilation, one facing the scales, and shall be equipped with an adequate shelf suitable to the CITY. The CONTRACTOR shall provide heat and electric lights when requested by the CITY.

Conveyor scales of an approved type may be used. The conveyor scales shall be furnished with one (1) master counter to run continuously and one (1) remote counter which will print the weight in individual loads, then reset to zero automatically. The remote unit shall be placed in a weatherproof house with two (2) windows. One (1) window shall face the point of loading and the conveyor scales. This window shall also be equipped with a shelf two (2) feet wide and six (6) feet long. A controlled method of heating shall be supplied for cold weather operations.

A locked door shall be provided on the access to the conveyor balances (where fine adjustment must be made), the key to be in the hands of the CITY and to be opened only for maintenance and adjustment of conveyor scales to meet the accuracy of the platform scales. This door shall be locked at all times during the operation of the conveyor scales. If conveyor weighing equipment is used, the following procedures shall be followed:

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 MEASUREMENT AND PAYMENT 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

109 - 2 (a) The conveyor scales shall be calibrated against the platform scales, which must have a certificate of inspection. (b) At the beginning and middle of each shift, or as requested by the CITY, two consecutive loads of material weighed over the conveyor scales shall be reweighed on the platform scales.

The total weight indicated by the conveyor scales on the two loads must check with the platform scale weight within one half of one percent. If the conveyor scales weigh out of this tolerance, all loads shall be weighed on the platform scales until the condition is rectified. (c) Consecutively numbered, individual weigh tickets must be used with conveyor scale weights stamped by the remote counter.

Unless otherwise specified, materials shipped by rail shall be weighed over the authorized project scales before incorporation into the work.

When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

All materials for which measurements are obtained by the cubic yard "loose measurement" or "measured in the vehicle" shall be hauled in approved vehicles and measured therein at the point of delivery. No allowance will be made for the settlement of material in transit. Vehicles for this purpose may be of any size or type acceptable to the CITY, provided that the body is of such shape that the actual delivered contents may be readily and accurately determined and will remain constant. Unless all approved vehicles on the work are of uniform capacity, each vehicle must bear a plainly legible identification mark, indicating its specified approved capacity. All vehicles must be loaded to at least water level capacity. Loads not hauled in approved vehicles or of a quantity less than the specified approved quantity for the hauling vehicle will be subject to rejection and no compensation will be allowed for the hauling of the material.

Rental of equipment will be measured by time within one-half (1/2) hour of actual working time and necessary traveling time of the equipment within the limits of the project. If equipment has been ordered on the job on a standby basis by the CITY, half-time rates for the equipment will be paid.

When equipment has been ordered by the CITY in connection with force account work, travel time and transportation to the project will be measured as hereinafter outlined: For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the CONTRACTOR will be paid the rental rates listed in the Special Provisions or determined as provided in Subsection 109.03, "Extra and Force Account Work," and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions: (a) The original location of the equipment to be hauled to the location of the work shall be agreed to by the CITY in advance. (b) The CITY will pay the costs of loading and unloading such equipment. (c) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers. (d) The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day that the equipment is at the site of extra work, excluding Saturdays, Sundays, and legal holidays unless the extra work is performed on such days, and shall terminate at the end of the day on which the CITY directs the

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109 - 3 CONTRACTOR to discontinue the use of such equipment. The rental time to be paid per day will be in accordance with the following:

Hours Equipment Is In Operation Hours To Be Paid 0 4 0.5 4.25 1 4.5 1.5 4.75 2 5 2.5 5.25 3 5.5 3.5 5.75 4 6 4.5 6.25 5 6.5 5.5 6.75 6 7 6.5 7.25 7 7.5 7.5 7.75 8 8 Over 8 Hours in operation

When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (1/2) hour of operation.

When daily rates are listed, payment for one-half (1/2) day will be made if the equipment is not used. If the equipment is used, payment will be made for one day. (e) Should the CONTRACTOR desire the return of the equipment to a location other than its original location, the CITY will pay the cost of transportation in accordance with the above provisions, provided such payment shall not exceed the cost of moving the equipment to the work. (f) Payment for transporting and loading and unloading equipment as above provided will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.

Material wasted or disposed of in a manner not called for under the contract, material not unloaded from the transporting vehicle, material placed outside of the limits indicated or given on the plans, or material remaining on hand after completion of the work will not be paid for except as otherwise provided.

109.02 SCOPE OF PAYMENT: Unless otherwise provided under "Basis of Payment," payments to the CONTRACTOR will be made for the actual quantities of contract items performed in accordance with the plans and specifications, and if, upon completion of the construction, these actual quantities show either an increase or decrease from the quantities given in the bid schedule, the contract unit prices will still prevail, except as provided in Subsection 109.04, "Eliminated Items," and 104.02, "Increased or Decreased Quantities and Change in Character of Work."

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109 - 4 Except as provided in 107.16, "Contractor's Responsibility for the Work and Materials," the CONTRACTOR shall accept the compensation, as herein provided, in full payment for the following: (a) The work complete, including all supervision, labor, material, tools, equipment, and incidentals necessary for all work contemplated and embraced under the contract; (b) Any loss or damage to the nature of the work, the action of the elements, strikes or lockouts; (c) Accidents to employees or the public, or both; (d) Unforeseen difficulties or obstructions which may arise or be encountered during the prosecution of the work; (e) All risks whatsoever connected with the work under contract until the work is accepted by the CITY including any and all damages due to acts of nature. (f) All expenses incurred by or in consequence of, the suspension or discontinuance of the prosecution of the work as herein specified, and in completing the work and the whole thereof, including the carrying out of all the requirements of these "general requirements and covenants" in an acceptable manner according to the plans and specifications.

If the "Basis of Payment" clause in the specifications relating to any unit price in the bid schedule required the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item except as provided for in Subsection 104.05, "Rights in and Use of Materials Found in the Work."

The payment of any partial estimate or of any retained percentage, except by and under the approved final estimate and voucher, in no way shall affect the obligation of the CONTRACTOR to repair or renew any defective parts of the construction or to be responsible for all damages due to such defects.

In case of a lump sum contract, when required by the Special Provisions or requested by the CITY, the CONTRACTOR shall submit to the CITY within fifteen (15) days after award of contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or any designated lump sum bid item. This schedule should equal in total the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the CITY that it correctly represents a reasonable apportionment of the lump sum.

109.03 EXTRA AND FORCE ACCOUNT WORK: Whenever corrections, alterations or modifications of the work under this Contract ordered by the CITY increase the amount of work to be done, such added work shall be known as extra work. When such corrections, alterations or modifications decrease the amount of work to be done, such subtracted work shall be known as omitted work.

The difference in cost of the work affected by such change will be added to or deducted from the Contract amount by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the CITY: 1. By unit prices accepted by the CITY and stated in the Contract Documents or Schedule of Values; 2. By unit prices subsequently fixed by agreement between the parties; 3. By an acceptable lump sum proposal from the CONTRACTOR; 4. By Force account as detailed herein.

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109 - 5 When required by the CITY, the CONTRACTOR shall submit an itemized breakdown of the quantities and prices used in computing the value of any change that may be ordered, with supporting data. Such data must be provided by the CONTRACTOR to the CITY within ten (10) calendar days of receiving such request. Failure to provide such data may result in the CITY’S demand that all such work be performed under force account.

By not supplying such data as requested by the CITY the CONTRACTOR hereby waives any claim for additional costs or extensions in contract time. The CITY will review the CONTRACTOR’S proposal for the change and negotiate an equitable adjustment with the CONTRACTOR. After there is an agreement, the CITY will prepare and process the Change Order. All Change Orders must be signed by the CONTRACTOR and approved by the CITY.

The prices agreed upon and any agreed upon adjustment in Contract time shall be incorporated in the written order issued by the CITY, which shall be written so as to indicate an acceptance on the part of the CONTRACTOR.

By signing the Change Order, the CONTRACTOR acknowledges that the adjustments to cost and time are payment in full satisfaction and accord, and thereafter waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the work encompassed by the Change Order.

When extra work paid for on a force account basis is performed by forces other than the CONTRACTOR’S organization, the CONTRACTOR shall reach agreement with such other forces as to the distribution of the payment by the CITY for such work. 1. Specialized Work. Whenever the CONTRACTOR is required to perform originally unanticipated work of a specialized nature (electrical, plumbing, landscaping, etc.,) for which he is not properly equipped, he may upon approval of the CITY have the work performed by a local firm or specialist who is proficient in the type of work to be performed.

Payment for this work shall be the CONTRACTOR’S actual cost as evidenced by copies of invoices from the person or firm who performed the work. To the CONTRACTOR’S actual cost shall be added the sum of ten (10) percent for the CONTRACTOR’S profit and overhead with no further compensation therefor. 2. Owner-Operators. Whenever the CONTRACTOR is authorized by the CITY to utilize bonafide owner-operators on Force Account work, payment shall be at the lump sum rate shown on the CONTRACTOR’S payrolls which include wages and equipment rental. To this lump sum rate shall be added the sum of ten (10) percent for the CONTRACTOR’S profit and overhead with no further compensation therefor.

Work specified and performed on a force account basis should be paid for as follows:

1. Labor. CONTRACTOR will be paid the cost of labor for the workmen (including foremen when authorized by the CITY), used in the actual and direct performance of the work. The cost of labor, whether the employer is the CONTRACTOR, subcontractor, or other forces, will be the sum of the following: a) Actual Wages Plus Vacation Pay. The actual wages paid, plus vacation pay, which shall not include any employer payments to, or on behalf of, workmen for health and welfare, pension, and similar purposes. b) Labor Surcharge. To the actual wages, plus vacation pay, as defined above, will be added a labor surcharge set forth in the special provisions, which labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws.

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109 - 6 c) Fringe Benefits. All other payments made to or on behalf of the workmen as required by collective bargaining agreements, or as otherwise provided in the special provisions. d) Subsistence and Travel Allowance. Subsistence and travel allowance paid to such workmen as required by collective bargaining agreements. To the total of the direct costs computed above, there will be added a markup of ten (10) percent. 2. Materials. For materials accepted by the CITY and used in the work the CONTRACTOR shall receive the actual cost of such materials, to which cost shall be added an amount equal to ten (10) percent of the sum thereof. 3. Equipment. For any machinery or special equipment, the use of which has been authorized by the CITY, the CONTRACTOR will be paid for the use of equipment at rental rates for such equipment which shall be determined as follows: a) The base rates shall be those established in publications and revisions thereto entitled "Rental Rate Blue Book for Construction Equipment, Volumes 1-3," published by Equipment Watch, a division of PRIMEDIA Business Magazines and Media, a PRIMEDIA company, which is a part of the contract.

The hourly rate to be paid shall be the sum of the weekly Blue Book rate divided by forty (40) plus the estimated operating cost per hour shown therein. b) Attachments (e.g. tractor with ripper and dozer or tractor with loader and backhoe) will be included in the hourly rate only when deemed essential to the work as determined by the CITY. When multiple attachments are approved for use and are being used interchangeably, the attachment having the higher rental rate shall be the only one included for payment. c) The total established rental rate per hour shall be rounded to the nearest ten (10) cents. d) Rental rates shall not be adjusted for regional differences. e) No compensation shall be allowed for shop tools having a daily rental rate of less than ten (10) dollars as set forth in Section 18 of the Rental Rate Blue Book.

If it is deemed necessary by the CITY to use equipment not listed in the Rental Rate Blue Book, a suitable rental rate for such equipment will be established by the CITY based on the rate of a comparable model or unit. The CONTRACTOR may furnish any cost data which might assist the CITY in the establishment of such rental rate including an adequate description, trade or manufacturer's name, model, capacity, horsepower, years of manufacture, and purchase price.

Payment will be made for actual time, to which rental sum of ten (10) percent shall be added.

The rental rates paid as above provided shall include the cost of fuel, oil lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals, but not labor costs for the operation of the equipment. 4. Supervision and Tools. No additional allowance shall be made for general superintendents, the use of small tools or other costs for which no specified allowance is herein provided. 5. Records. At the end of each day the CONTRACTOR’S representative and the CITY shall compare records of the cost of the work to be done as ordered on a force account basis. 6. Documentation. a) Labor. No payment will be made for labor performed on force account work until the CONTRACTOR shall furnish to the CITY certified copies of payrolls covering that period when the force account work was performed. The payrolls shall indicate name,

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109 - 7 classification, dates, daily hours, and hourly rate for each workman employed on the force account work. b) Materials. Copies of the suppliers’ invoices, including transportation charges, shall be furnished to the CITY.

However, if materials used on the force account work are not specifically purchased for such work but are taken from the CONTRACTOR’S stock, then in lieu of invoices, the CONTRACTOR shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used and that the price and transportation claimed represent the actual cost to the CONTRACTOR. The CITY may request additional documents to substantiate his claims.

109.04 ELIMINATED ITEMS: Should any items contained in the proposal be found unnecessary for the proper completion of the work, the CITY may, upon written order to the CONTRACTOR, eliminate such items from the contract, and such action shall in no way invalidate the contract. When a CONTRACTOR is notified of the elimination of items, he will be reimbursed for actual work done and all costs incurred, including mobilization of materials prior to said notification.

109.05 BLANK

109.06 PARTIAL PAYMENT: The CITY will, after award of contract, establish a monthly progress bill submittal date. Each month, the CONTRACTOR will make an approximate measurement of the work performed to that date, estimate its value based on the contract unit prices and/or approved schedule of values, and submit a progress bill on that date. The quantities and value estimates must have the concurrence of the CITY and the billing must include supporting documentation such as material receipts and storage verifications. In accordance with NRS 338.525, the CITY may withhold from a progress payment, with timely notice and a detailed explanation, a sufficient amount to compensate for failure(s) by the CONTRACTOR to comply with a contract requirement or applicable building code, law or regulation.

Monthly certified payroll records shall be submitted as required by NRS 338.070. If the record submittals scheduled for the previous month have not been received, the CITY may withhold funds in accordance with NRS 338.060 and 338.515.

From each progress bill submittal, five (5) percent will be deducted and retained by the CITY, and the remainder less the amount of all previous payment(s) will be paid to the CONTRACTOR. After fifty (50) percent of the work has been completed and if progress on the work is and remains satisfactory, the deduction to be made from the remaining progress billing submittals and from the final payment shall be reduced or eliminated by the CITY in accordance with NRS 338.515.

The CITY shall pay to the CONTRACTOR at the end of each quarter the interest earned on the amount retained under the contract during the quarter as provided in NRS 338.515.

The CITY’S payment to the CONTRACTOR shall be made no later than 30 days after the receipt of an approved progress bill or retainage bill. Interest shall be paid on late payments as provided in NRS 338.530. Payment based on the actual cost of supplies, materials and equipment on hand under this Section shall be made by the CITY pursuant to NRS 338.515(2) with or without a paid invoice. Actual cost of materials shall be the invoice amount, whether paid or not, and shall not include any costs associated with installation, testing, etc. The CONTRACTOR shall be entitled to payment of the actual cost of supplies, materials and CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 MEASUREMENT AND PAYMENT 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

109 - 8 equipment only if he (1) presents an invoice to the CITY with the progress bill and (2) states in the progress bill that the materials have been delivered and stored in the time and manner specified in the Contract between the CONTRACTOR and his supplier or Subcontractor. If the CONTRACTOR fails to comply with those conditions, the CITY may withhold payment in accordance with the provisions of NRS 338.525.

The CITY expressly reserves the right to withhold retention until the CONTRACTOR presents to the CITY a paid invoice, or some other proof of payment satisfactory to the CITY, for the CITY’S use in verifying the accuracy of the actual cost of the supplies, materials or equipment. If the amount paid does not match the actual cost, the CITY shall adjust the amount of retention accordingly. Payment for supplies, materials or equipment on hand does not alter the responsibility of the CONTRACTOR for all supplies, materials and equipment until final acceptance of the work.

Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the Contract, plans and specifications, and are delivered to acceptable sites on the project or at other sites in the vicinity that are acceptable to the CITY. Such delivered costs of stored or stockpiled material may be included in the next progress bill submittal after the following conditions are met: (a) The material shall have been stored or stockpiled in a manner acceptable to the CITY, at the project site or a site approved by the CITY. (b) The CONTRACTOR shall have furnished the CITY with acceptable evidence of the quantity and quality of such stored or stockpiled materials. (c) The CONTRACTOR shall have furnished the CITY legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. (d) The CONTRACTOR shall have furnished the CITY evidence that the material so stored or stockpiled is insured against loss, due to damage or to disappearance of such materials, at any time prior to use in the work.

Public Works Projects requiring a performance and payment bond and a labor and material bond shall be exempt from the provisions of (c) and (d) immediately preceding. If materials are not specifically purchased for the work, but are taken from the CONTRACTOR’S stock, then in lieu of invoices, there shall be submitted to the CITY, statements accompanied by an affidavit of the CONTRACTOR, certifying such materials were taken from his stock and the price and transportation claimed represent the actual cost to the CONTRACTOR.

It is understood and agreed that the transfer of title to, and the CITY’S payment for such stored or stockpiled materials shall in no way relieve the CONTRACTOR of his responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, plans and specifications.

In no case shall the amount of a progress billing submittal for material on hand exceed the Contract price for such material nor the Contract price for the Contract item in which the material is intended to be used.

The CONTRACTOR shall bear all costs associated with the progress payment of stored or stockpiled materials in accordance with the provisions of this Subsection.

The CITY shall pay or cause to be paid to the CONTRACTOR, except with respect to any payment withheld pursuant to the Withholding Section of these specifications, any outstanding

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109 - 9 payment due including, without limitation, monies retained and any interest accrued thereon within 30 days after whichever event described below occurs first: (a) The CITY occupies or begins use of all or a portion of the work constructed by this project; (b) A notice of completion for all or a portion of the work constructed by this project is recorded, as provided in NRS 108.228; or (c) The CITY occupies one or more buildings constructed by this project.

Withholding: In addition to the amount which the CITY may otherwise retain under the Contract, the CITY may withhold a sufficient amount of any payment otherwise due the CONTRACTOR, as in its judgment may be necessary to cover the following items: 1. Payment which may be past due and payable for just claims against the CONTRACTOR or any Subcontractor for labor or materials furnished for the performance of this Contract; 2. Defective work not remedied; 3. Failure of the CONTRACTOR to make proper payments to its Subcontractors or suppliers; 4. Damage to another Contractor, third party or to property; 5. Failure to submit, revise, resubmit or otherwise conform to the requirements herein for preparing and maintaining a construction schedule; 6. Failure of the CONTRACTOR to keep the work progressing in accordance with its progress schedule; 7. Failure to maintain current “As-built” record drawings; 8. The CITY’S costs for the CONTRACTOR’S failure to complete within the allowed time; 9. Failure of the CONTRACTOR to make proper submissions, as herein specified; 10. Payments due the CITY from the CONTRACTOR; 11. Reduction of Contract amount because of modifications; 12. The CONTRACTOR’S neglect or unsatisfactory prosecution of the work, including failure to remove all debris; 13. Expenses the CITY expects to incur as a result of the CONTRACTOR’S failure to comply with applicable building code, law or regulation.

The CITY shall, within 20 days after it receives a progress bill from the CONTRACTOR, give written notice to the CONTRACTOR of any amount that will be withheld pursuant to the above.

The written notice must set forth: 1. The amount of the progress payment that will be withheld from the CONTRACTOR; and; 2. A detailed explanation of the reason the CITY will withhold that amount including, without limitation, a specific reference to the provision or section of the Contract or any documents related thereto; or the applicable building code, law, or regulation with which the CONTRACTOR has failed to comply.

If the CITY receives a written notice of the correction of the condition that resulted in the withholding, signed by an authorized agent of the CONTRACTOR, the CITY shall pay the amount withheld within 30 days after receiving the next progress estimate.

Late Payment: The CITY shall pay to the CONTRACTOR, within 30 days of the date mutually agreed upon to turn in the progress estimate, the full amount of the progress estimate less any monies retained, withheld, or amount in dispute.

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109 - 10 If the CITY fails to pay the CONTRACTOR within the above 30-day period, the CITY shall pay (in addition to the amount of the progress estimate less any monies retained, withheld, or amount in dispute) interest on the delayed amount at a rate equal to the amount provided for in NRS 338.515(3) from the 30th day until payment is made to the CONTRACTOR.

If upon receiving a progress estimate the CITY fails to give the CONTRACTOR written notice of any withholding in the manner set forth in the Withholding section of these specifications and does not pay the CONTRACTOR the withheld amount within the above 30-day period after receiving the progress estimate, the CITY shall pay interest on the delayed amount at a rate equal to the amount provided for in NRS 338.515(3) from the 30th day until payment is made to the CONTRACTOR.

The CONTRACTOR shall provide the CITY with written notice of the correction of a condition that resulted in funds being withheld pursuant to the Withholding section of these specifications.

The CITY shall then either pay the withheld portion of the progress estimate related to the corrected condition(s) within 30 days after receipt of the next progress estimate; or, within 30 days after receiving the notice of correction, object to the scope and manner of the correction in a written statement that sets forth the reason for the objection. If the CITY fails to do so, the CITY shall pay interest on the delayed amount at a rate equal to the amount provided for in NRS 338.515(3) from the 30th day until payment is made to the CONTRACTOR. If the CITY objects to the scope and manner of the correction, it shall pay to the CONTRACTOR an amount equal to the value of the corrections with which the CITY is in agreement.

Subcontractor and Supplier Payment: The CONTRACTOR shall disburse money paid to him under this Contract, including any interest which he receives, to his Subcontractors and suppliers within 10 days after receipt of the progress payment, in direct proportion to the Subcontractors’ and suppliers’ basis in the progress estimate and any accrued interest thereon as per NRS 338.550.

Subcontractor or Supplier Request For Payment Information: The CITY, within 5 working days after receiving a written request from a Subcontractor or supplier of the CONTRACTOR with respect to a Contract which has not been fully performed, shall notify the Subcontractor or supplier in writing of the following: 1. The date the CITY made a specified progress payment or retained payment to the CONTRACTOR; 2. Whether the CITY has paid the entire amount of a specified progress payment or retained payment to the CONTRACTOR; and 3. The amount withheld by the CITY from a specified progress payment or retained payment to the CONTRACTOR, if any.

Final acceptance of the work by the CITY shall be withheld until the CONTRACTOR furnishes all certificates, guaranties, releases, affidavits, etc., required by these specifications or the Special Provisions.

109.07 ACCEPTANCE AND FINAL PAYMENT: When the final inspection and final acceptance have been duly made by the CITY, as provided in Subsection 105.16, "Final Acceptance," and subject to the terms of Subsection 108.09, "Failure to Complete the Work on Time," the CONTRACTOR shall prepare the final estimate of the quantities of the various classes of work performed under the contract. The CITY shall examine such estimate and notify the CONTRACTOR in writing of his agreement or disagreement, including any amounts to be withheld in accordance with NRS 338.525. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 MEASUREMENT AND PAYMENT 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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Final acceptance of the work by the CITY shall be withheld until the CONTRACTOR furnishes all certificates, guaranties, releases, certified payroll records, affidavits, etc., required by these specifications or the Special Provisions.

The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the CITY of all claims and all liability by the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the CITY and others relating to or arising out of this work.

No payment, however, final or otherwise shall operate to release the CONTRACTOR or his sureties from any obligations under this contract or the performance and payment bond.

109.08 CONSTRUCTION CONFLICTS AND CONTINGENCIES: The amount shown on the bid schedule shall be for contingency costs. NO WORK SHALL BE PERFORMED UNDER THIS ITEM WITHOUT PRIOR WRITTEN APPROVAL FROM THE CITY IN THE FORM OF A CONSTRUCTION CHANGE AUTHORIZATION.

Construction Conflicts and Contingency costs are those costs incurred due to alterations, deviations or additions to the plans and specifications, including increases in the quantity of any item or portion of work as deemed by the CITY to be necessary for the proper completion and construction of the whole work contemplated.

Measurement and payment for Construction Conflicts and Contingency costs shall be in accordance with the applicable Bid Items. When additional work is requested by the CITY, the work shall be performed in accordance with Section 109.03 of the Supplemental Conditions entitled "Extra and Force Account Work".

Pay Item Pay Unit 109.01 Construction Conflicts and Contingencies Lump Sum

109.09 SCHEDULE OF VALUES: A Schedule of Values shall be developed and incorporated into the cost loading function of the CPM Construction Schedule for all lump sum Contracts. The Schedule of Values is to be submitted with the Part II Schedule for the review and approval of the CITY. Determination of the monthly progress payment amounts will be based upon the weekly updates to the CPM schedule activities.

The Schedule of Values shall include a detailed listing of the value for every activity on the CPM Construction Schedule utilizing the following details as a minimum breakdown of the work:

At the CITY’S discretion, additional breakdowns, details and descriptions of the established values may be required. Any adjustments to the value allocations and extent of detail shall be made by the CONTRACTOR within 5 working days of receipt of the comments by the CITY.

In the event that inequities are discovered in the original and approved Schedule of Values, the CITY may adjust the values for activities accordingly. In the case of schedule omissions, in which activities were not included in the original Construction Schedule but were part of the original work, then other activity values shall be reduced to provide equal value adjustment increases for added activities.

109.10 UNSETTLED CLAIMS: If the CONTRACTOR and CITY cannot agree on a negotiated cost for the additional work, the CITY shall give the CONTRACTOR a written notice to proceed with the additional work. The CONTRACTOR shall then expeditiously perform the work as CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. 2018-00-1421 MEASUREMENT AND PAYMENT 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

109 - 12 required and the additional compensation for such work shall be paid under Subsection 109.03, "Extra and Force Account Work." However, if the CONTRACTOR deems that any additional compensation is due him for the additional work, the CONTRACTOR may file a claim in accordance with Subsection 105.17, "Claims for Adjustments and Disputes."

END OF SECTION 109

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109 - 14 SECTION 110

WAGES, HOURS AND CONDITIONS OF EMPLOYMENT

110.01 WAGES, HOURS AND EMPLOYMENT PRACTICES: The CONTRACTOR and his subcontractors shall conform in all respects to the Federal Fair Labor Standards Act, as amended, and to Chapter 338 of Nevada Revised Statutes pertaining to wages, hours, and employment on public works projects and shall forfeit amounts and be subject to fines set forth therein for noncompliance with the provisions of the statute.

For this Contract, no work shall be done on weekends, holidays, or any other time that necessitates overtime being paid to CITY employees. CITY Administration working days are 7:30 A.M. to 5:30 P.M. Monday through Thursday, CITY Inspection working days are 6:00 A.M. to 4:00 P.M. Monday through Friday, and CITY Survey working days are 6:00 A.M. to 4:00 P.M. Monday through Thursday. CONTRACTOR hours are 6:00 A.M. to 6:00 p.m. Monday through Sunday (see Section 108.04). The CITY legal holidays are designated in Section 101.30 “Holidays”.

If the CONTRACTOR requires that work be performed on weekends, holidays, or any other time that necessitates overtime being paid to CITY employees, the CONTRACTOR will be responsible to reimburse the time spent by the CITY. The CONTRACTOR will be billed at the base overtime rate, including fringe benefits, equipment costs, and administrative costs. Listings of hourly compensation for work done beyond regular working hours and holiday for CITY employees can be furnished upon request. The CONTRACTOR shall not be required to pay for the overtime of the agents and employees of the CITY for work performed beyond the normal working hours if such hours are required by the Contract.

Failure on the part of the CONTRACTOR to reimburse the CITY for these overtime costs, as described in this section, will result in retention monies being held until such time as full reimbursement is made.

In no way shall the reimbursement of overtime costs of the CITY, as a result of the CONTRACTOR'S operation, be intended to give authorization to the CONTRACTOR to perform normal work beyond the normal hours of the established working day hours as stated herein.

110.01.01 PREVAILING WAGES:

This is a prevailing wage project and the CONTRACTOR and Subcontractors shall be bound by and comply with all federal, state and local laws with regard to minimum wages, overtime work, hiring and discrimination. The CONTRACTOR shall conform to the provisions of Nevada Revised Statutes Chapter (NRS) 338 relative to workmen employed on Public Works projects, except that the CONTRACTOR shall pay prevailing wage rates established by the Nevada State Labor Commissioner to workmen engaged in the performance of this project.

The CONTRACTOR is responsible to identify and use the correct prevailing wage rates, including any addenda, as well as all the forms needed to comply, as specified on the State of Nevada Labor Commissioner’s web site: www.laborcommissioner.com or by calling 702-486- 2650. A copy of NRS Chapter 338 is also on file in the office of the Director of Public Works, Parks & Recreation, City of Henderson. Per NRS 338.020(1), a copy of prevailing wage rates is included as part of this Contract. Per NAC 338.040, after a Contract has been awarded, the

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prevailing rates of wages in effect at the time of the opening of bids remains in effect for the duration of the project.

In accordance with NRS 338.013.3, the CONTRACTOR shall report to the Labor Commissioner and the CITY, the name and address of each Subcontractor performing work on the project within ten (10) days after the Subcontractor commences work on the project and the identifying number for the public work. Form is included following this section.

NRS 338.060 Forfeitures when workmen paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and attorney’s fees; waiver or reduction of penalty. 1. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor engaged on the public work. 2. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each workman employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 5 of NRS 338.070. 3. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work is not reported to the public body awarding the contract by the contractor or any subcontractor engaged on the public work as required pursuant to subsection 5 of NRS 338.070, up to a maximum of: • For the first failure to comply during the term of the contract for the public work, $1,000; and • For each subsequent failure to comply during the term of the contract for the public work, $5,000. 4. Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same workman, the contractor shall forfeit the penalty set forth in each subsection that was violated. 5. A public body awarding a contract for a public work shall cause a stipulation setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract. 6. The Labor Commissioner shall, by regulation, establish a sliding scale based on the size of the business of a contractor engaged on a public work to determine the amount of the penalty to be imposed pursuant to subsections 1 and 2. 7. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Labor Commissioner and the public body. 8. The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section. [6:139:1937; A 1941, 389; 1931 NCL § 6179.56]—

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(NRS A 1993, 896; 1997, 3355; 2001, 1148; 2003, 1862, 2415) NAC 338.120 Sliding scale of penalties. (NRS 338.012, 338.060) 1. If the state contractors’ board has established a monetary limit on the license of a contractor pursuant to NRS 624.220, the amount of any penalty imposed against the contractor pursuant to NRS 338.060 must be: (a) If the monetary limit is less than $250,000, $20 for each calendar day or portion thereof. (b) If the monetary limit is $250,000 or more but less than $500,000, $30 for each calendar day or portion thereof. (c) If the monetary limit is $500,000 or more but less than $750,000, $40 for each calendar day or portion thereof. (d) If the monetary limit is $750,000 or more, $50 for each calendar day or portion thereof. 2. If the state contractors’ board has not established a monetary limit on the license of a contractor or has removed a monetary limit established on his license, the amount of the penalty imposed against the contractor pursuant to NRS 338.060 must be $50 for each calendar day or portion thereof. (Added to NAC by Labor Comm’r by R096-97, eff. 5-3-99; A by R115-01, 4-5-2002)—(Substituted in revision for NAC 338.080)

Any Contractor or Subcontractor, or agent or representative thereof, performing work on the project, who neglects to comply with the prevailing wage provisions is guilty of a misdemeanor. If a penalty is imposed, in addition to any penalties allowed by NRS 338.060, the prime Contractor shall reimburse the CITY for all costs associated with wage complaint investigations for the project, including but not limited to, actual staff time, materials used and attorney’s fees.

The CONTRACTOR shall comply with the requirements of NRS 338.020 and post in a generally visible place to the workmen, the Nevada Prevailing Wage Rates and all addenda.

Certified Payroll Reports: The CONTRACTOR and each Subcontractor are required to keep an accurate record showing the name, the occupation, if the worker has a driver’s license or identification card, an indication of the state or other jurisdiction that issued the license or card; and the actual per diem, wages and benefits paid to the worker; and an additional accurate record showing, for each worker employed by the CONTRACTOR or Subcontractor in connection with this PROJECT who has a driver’s license or identification card: the name of the worker, the driver’s license number or identification card number of the worker; and the state or other jurisdiction that issued the license or the card. Form and instructions follow this section.

Payroll records of the CONTRACTOR shall be open to examination by representatives of the CITY at all reasonable hours. The CONTRACTOR and each Subcontractor are required to submit a copy of the record for each calendar month to the CITY no later than fifteen (15) calendar days after the end of the month for the purposes of public inspection in accordance with NRS 239.010, except that the copy of the record showing the name, driver’s license number or identification card number and state of issue of the license or card is confidential and not open to public inspection. The CONTRACTOR, Subcontractor, or agent or representative thereof, doing work on the project that neglects to comply with the provisions of this section is guilty of a misdemeanor. The CONTRACTOR shall be responsible for coordinating the submittal of all the certified payroll reports for the project, including its reports and the reports of all the Subcontractors who are performing work on the project.

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If the CONTRACTOR submitted the Affidavit for preference, they shall be responsible for submitting any additional reporting requirements pursuant to the requirements of NRS 338.0117.

110.01.02 EMPLOYMENT PRACTICES Discrimination: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, gender, ethnicity, disability, sexual preference, national origin, age, religion or any other protected status. The CONTRACTOR will take action to insure that applicants are considered for employment and that employees are treated during employment without regard to their race, color, gender, ethnicity, disability, sexual preference, national origin, age, religion or any other protected status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, gender, ethnicity, disability, sexual preference, national origin, age, religion or any other protected status.

The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

The CITY is committed to promoting full and equal business opportunity for all persons doing business in the CITY.

The CONTRACTOR acknowledges that the CITY has an obligation to ensure that public funds are not used to subsidize private discrimination.

The CONTRACTOR recognizes that if it or its Subcontractors refuse to hire or do business with an individual or company due to reasons of race, color, gender, ethnicity, disability, sexual preference, national origin, age, religion or any other protected status, the CITY may declare the CONTRACTOR in breach of the Contract, terminate the Contract and designate the CONTRACTOR as non-responsive.

Fair Employment Practices: In connection with the performance of work under this Contract, the CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, 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. Any violation of such provision by the CONTRACTOR shall constitute a material breach of this Contract.

Preferential Employment: All Contractors shall comply with the preferential employment provisions of NRS 338.130 for Contracts over $20,000. This law requires that, when the qualifications of applicants are equal, that preference must be given: First, to honorably discharged soldiers, sailors, and marines of the United States who are citizens of the State of Nevada; Second, to other citizens of the State of Nevada. If the provisions of NRS 338.130 are

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not complied with by the CONTRACTOR, this Contract is void, and any failure or refusal to comply with any of the provisions of NRS 338.130 renders this Contract void.

Employment of Unauthorized Aliens: In accordance with the Immigration Reform and Control Act of 1986, the successful bidder agrees that it will not employ unauthorized aliens in the performance of this Contract.

Reporting of Alleged Violations of the Law: The CONTRACTOR should have written policy that protects employees from retaliation for reporting alleged violations of the law.

Labor Strife: The CONTRACTOR shall not cause or condone labor strife that may jeopardize the timely and efficient completion of public construction projects.

110.02 SAFETY REQUIREMENTS: The CONTRACTOR'S construction materials, equipment, methods and workmanship shall be in accordance with applicable local ordinances, State laws including the Industrial Safety, Nevada Occupational Safety Hazard and Act, Nevada Industrial Commission, and federal requirements.

General: Neither the CITY nor its employees or agents shall be responsible for safety on the project site. It is the CONTRACTOR’S obligation to provide and assure for a safe place for the performance of construction and the methods of construction employed. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.

The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss.

Safety Plans, Programs and Permits: By the Notice to Proceed date, the CONTRACTOR shall demonstrate compliance action with the stipulations of Nevada Occupational Safety and Health Administration (OSHA), and other applicable local, state, and federal safety requirements by submitting to the CITY a copy of all safety plans, programs, and permits.

The CITY’S receipt of any safety plans or programs will not relieve the CONTRACTOR in any way from the full and complete responsibility for safety and training of CONTRACTOR’S personnel, the onsite personnel of the CITY, and other visitors to areas of active construction activity. On a daily basis the CONTRACTOR shall inform the CITY of any changes to the boundaries of the active construction area and of any construction activities underway that could pose a potential hazard.

Safety Training: The CONTRACTOR shall be responsible for safety training all personnel who will have access to the active construction areas to meet all state, federal, local and Contractor safety requirements. Training sessions in mutually accessible facilities shall be scheduled, operated, and maintained by the CONTRACTOR throughout the course of the Contract’s execution.

Contractor’s Safety Representative Requirements: The CONTRACTOR shall assign a full- time Safety Representative to take charge of hazard recognition, accident prevention, new employee orientation (including Subcontractors), implementation of safety precautions, and the

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supervision of the safety program. The Safety Representative or a qualified and approved deputy shall be onsite at all times while work is ongoing.

Qualifications of the Safety representative and assigned deputies shall be submitted to the CITY for review. Acceptance of their qualifications by the CITY is required prior to the start of any activity on the project. The CONTRACTOR’S Safety Representative shall, as a minimum, meet the requirements of regulations for the Nevada Occupational Safety & Health Enforcement Program, Nevada Administrative Code Section 618-496, as defined in the following paragraph: • A Designated Safety Officer [Safety Representative for the purpose of this Contract] means anyone who is capable of identifying the existing and predictable hazards in the areas surrounding a construction project or those working conditions at a construction project that are unsanitary or dangerous to employees. A designated Safety Officer has the authority to make prompt corrective measure to eliminate those hazards.

Responsibility for Work Security: The CONTRACTOR shall at all times conduct all operations under the Contract in a manner to avoid the risk of loss, theft, or damage by vandalism, sabotage or damage of other means to any property. The CONTRACTOR shall promptly take all reasonable precautions which are necessary and adequate against any conditions which involve a risk of loss, theft or damage to its property, the CITY’S property and the work site.

The Contractor shall continuously inspect all its work, materials, equipment, and facilities to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction of any such conditions.

The CONTRACTOR shall comply with all applicable laws and regulations. The CONTRACTOR shall cooperate with the CITY on all security matters and shall promptly comply with any project security requirements established by the CITY.

Such compliance with these security requirements shall not relieve the CONTRACTOR of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner the CONTRACTOR’S obligation to undertake reasonable action as required to establish and maintain secure conditions at the site.

The CONTRACTOR shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to the CITY in a timely manner.

Hazardous Material: The CONTRACTOR shall provide the CITY with a list of all hazardous substances the CONTRACTOR anticipates he will bring onsite.

The CONTRACTOR shall have Material Safety Data Sheets (MSDS) on site, prior to the arrival of any hazardous substances on the project.

The CONTRACTOR shall use storage area(s) as outlined in the CONTRACTOR’S spill control plan.

Except as otherwise stated in the Contract Documents, if on the project site the CONTRACTOR encounters material reasonably believed to be asbestos, lead, or polychlorinated biphenyl (PCB), then the CONTRACTOR shall immediately stop work in the area affected and give notice to the CITY and any other appropriate entity of the condition.

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Reports: The CONTRACTOR shall conduct weekly safety inspections. Corrective actions shall be taken by the CONTRACTOR within twenty-four (24) hours to address all deficiencies identified during inspections. Deficiency reports shall be prepared by the CONTRACTOR and submitted to the CITY within forty-eight (48) hours and shall indicate the corrective action taken. Any failure by the CONTRACTOR to comply with the required corrective measures identified in the safety inspection will result in the delayed signing of the monthly application for progress payment by the CITY.

The CONTRACTOR shall provide the CITY a report of any periodic audit of the CONTRACTOR’S safety performance and/or records.

Fire Prevention: The CONTRACTOR shall comply with all Federal, State and local laws and regulations pertaining to burning, fire prevention and control within or adjacent to the project. Necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the CONTRACTOR.

All tarpaulins used for any purpose during construction of any work shall be made of material resistant to fire, water and weather and shall bear UL labels. Lighting of any fires on premises is strictly forbidden.

The CONTRACTOR shall provide portable fire extinguishers compatible with the hazard of each work area and shall instruct its personnel in their location and use. Wherever welding and burning are conducted, inflammable materials shall be protected and the CONTRACTOR shall provide a fire watch. The Safety Representative shall be present during the burning and welding operation to ensure that protective measures are taken and no fire result from such operation. The fire watch shall have fire extinguisher equipment readily available and must be knowledgeable regarding proper use.

Flood Protection: During the construction period, the CONTRACTOR shall be responsible for any damage (including any earthwork re-excavation or replacement) which may result from flooding. The CONTRACTOR shall submit to the CITY a flood control plan for trenching operations associated with the work.

The flood control plan shall describe the CONTRACTOR’S plan for control and diversion of surface runoff and flood flows around trench and structure excavations.

In addition, the flood control plan should detail the CONTRACTOR’S action plan for protection of the work and the CONTRACTOR’S site and equipment during flood events.

110.03 STATE MUSEUMS: The CONTRACTOR will be required to comply with all provisions of Nevada Revised Statutes, Chapter 381, "State Museums," Section 17, as follows: a) All departments, commissions, boards and other agencies of the State and its political subdivisions shall cooperate with the survey in order to salvage or preserve historic, pre-historic or paleoenvironmental evidence located on property owned or controlled by the United States, the State of Nevada or its political subdivisions. b) When any agency of the State or its political subdivisions is preparing or has contracted to excavate or perform work of any kind on property owned or controlled by the United States, the State of Nevada or its political subdivisions which may endanger historic, pre-historic or paleoenvironment evidence found by the survey to be on the property or when any artifact, site, or other historic or pre-historic evidence is

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discovered in the course of such excavation or work, the agency or the CONTRACTOR hired by the Agency shall notify the survey and cooperate with the survey to the fullest extent practicable to preserve or permit study of such evidence before its destruction, displacement or removal. c) The provisions of this Section shall be made known to all private CONTRACTORS performing such excavation or work for any agency of the State or its political subdivisions. d) The CONTRACTOR shall also, immediately, report any historic, pre-historic or paleoenvironmental evidence found on the site to the owner or owner's representative.

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STATE OF NEVADA Department of Business & Industry

Office of the Labor Commissioner

CARSON CITY OFFICE LAS VEGAS OFFICE 1818 E. College Parkway Suite 102 3300 West Sahara Avenue Suite 225 Carson City, Nevada 89706 Las Vegas, Nevada 89102 PH 775-684-1890 FAX 775-687-6409 PH 702-486-2650 FAX 702-486-2660 [email protected] publicworks@ labor.nv.gov

SUBCONTRACTOR LIST FOR PUBLIC WORKS PROJECTS

Pursuant to NRS 338.013(3): Each CONTRACTOR engaged on a public work shall report to the labor commissioner and the public body that awarded the Contract the name and address of each Subcontractor whom he engages for work on the project within 10 days after the Subcontractor commences work on the Contract. Please supply the following information to the Office of Labor Commissioner by fax or mail:

Bid/Contract #: PWP-

Project Title:

Awarding Body:

Contractor: Contact Person:

Address: Telephone: Fax:

City, State, Zip: Email:

• We will not be using any subcontractors on this project. • We will use the following subcontractors on this project. (Do not list suppliers.) PLEASE INCLUDE FAX NUMBER

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

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Telephone: Fax: Email:

REPORT OF SUBCONTRACTORS: Page______of ______

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

Scope of Work:

Telephone: Fax: Email:

Name/Address: License #:

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Scope of Work:

Telephone: Fax: Email:

WORKERS EMPLOYED REPORT INSTRUCTIONS FOR COMPLETION

Pursuant to NRS 338.0117, contractors who receive a preference in bidding on a public work must submit an affidavit to the public body certifying that at least 50 percent of all workers employed on the public work, including any employees of the contractor and of any subcontractor, will hold a valid driver’s license or identification card issued by the Nevada Department of Motor Vehicles. Pursuant to NRS 338.070(4), a contractor and each subcontractor engaged on a public work shall keep an accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work who has a driver’s license or identification card, the name of the worker, the driver’s license number or identification card number of the worker, and the state or other jurisdiction that issued the license or card. A copy of this record must be received by the public body no later than 15 days after the end of the month. Additionally, the contractor and any subcontractor will maintain and make available for inspection within Nevada his or her records concerning payroll relating to the public work.

• EACH contractor and subcontractor must complete the Workers Employed Report. • You may make additional copies of the report as necessary. • A copy of this report must be submitted with the monthly certified payroll report. • For the first report submitted, each contractor and subcontractor should list every worker employed in connection with the public work. The workers listed should be the same as those reported on the certified payroll report. • For each subsequent month, add only those workers not previously reported to the Workers Employed Report and submit the newly-revised report. If no additional workers have been added, you may submit the previous month’s report. • If a worker has been reported on a previous month’s report, but does not work during a subsequent month or is no longer employed by the contractor, his or her name should remain on the report. DO NOT DELETE ANY NAMES. This report is intended to serve as a cumulative list of all workers employed by the contractor and subcontractor over the duration of the project to verify compliance with the minimum requirements of the affidavit.

END OF SECTION 110

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WORKERS EMPLOYED REPORT

Project Name______Contract Number______

Prime Contractor______PWP Number______

Subcontractor______Date______Address at which payroll records are maintained______Contact Person and Phone Number______

Employee Name Driver License or ID Card Number Issuing State or Jurisdiction

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City of Henderson Department of Utility Services

350 BASIC ROAD SEWER RELOCATION CONTRACT NO. 2018-00-1421 PWP-CL-2018-124

TEL: 702-267-2544 Contractor: XXXXXXX 24 Hour Phone (702) XXX-XXXX

Debra March Richard Derrick Dan Stewart Dan K. Shaw John F. Marz Gerri Schroder PWP-CL-2018-124

PWP-CL-2018-124

SECTION 200

MOBILIZATION

DESCRIPTION

200.01.01 GENERAL A. Mobilization shall commence on the designated Notice to Proceed date unless otherwise arranged with the CITY. Public right-of-way shall not be used for mobilization. CONTRACTOR shall secure CONTRACTOR's own mobilization site. B. The preparatory work and operations involved in mobilization shall include, at a minimum, the following: 1. The movement of personnel, equipment, supplies, and incidentals to the project site; 2. The establishment of all offices and buildings; 3. Installation of all temporary utilities; 4. Providing on-site water supply; 5. Erection of CONTRACTOR’s work and storage yard; 6. Construction and implementation of all necessary security features; 7. Posting all OSHA required notices, labor notices, prevailing wage rates, and other required signs. 8. Establishment of safety programs; 9. Superintendent operating at the site full time. 10. Providing construction site audio-video recordings as specified below. 11. Final Clean up

200.01.02 PROJECT SIGNS A. At the locations designated by the CITY, CONTRACTOR shall be required to furnish and maintain TWO (2) project construction signs. When construction activities are frequently moved to various locations, CONTRACTOR shall utilize a truck or trailer-mounted sign positioned to properly notify the public of the nature of the construction activity. The signs shall be relocated when and as directed by the CITY. Drawings of the signs and their requirements are included at the end of this section. At a minimum, the information detailed on the signs shall include the name of the project, agency administering the Contract (i.e., City of Henderson Department of Utility Services), CONSULTING ENGINEER, CONTRACTOR, and phone number as point of contact for information on the project. On prevailing wage jobs, information on prevailing wage rates shall be added to the reverse side of every project sign. B. The placement of the signs shall be made the first order of work; however, the placing of signs as a token start of construction shall not be permitted. If after placement of the signs there is no visible indication of actual construction, the signs shall be masked until such activity is apparent. Signs shall be properly maintained by CONTRACTOR and in the correct position and in good condition throughout the construction period and until final completion of the Contract, or as directed by the CITY.

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C. After final acceptance has been given by the CITY, the CONTRACTOR shall remove all signs and return the signs to the CITY.

200.01.03 CONSTRUCTION SITE AUDIO-VIDEO RECORDINGS A. CONTRACTOR shall provide digital versatile disk (DVD) documentation consisting of a complete color, audio-video recording of existing surface features prior to any construction. B. All equipment, accessories, and materials to perform this service shall be furnished by CONTRACTOR. C. Coverage: DVD recordings shall include coverage of all surface features located within the proposed construction zone of influence which may be affected by routine construction operations, and other areas as directed by the CITY. D. Surface features within the construction zone of influence shall include, but not be limited to, all roadways, pavements, curbs, driveways, sidewalks, culverts, headwalls, retaining walls, structures, buildings, landscaping, trees, shrubbery, and fences. 1. Of particular concern shall be the existence or non-existence of any faults, fractures, or defects. 2. Of particular concern shall be the preconstruction condition of landscaping and private property at the residences proposed for domestic PRV installation behind the sidewalk. 3. Buildings shall be identified by building name in such manner that the progress of the recording and proposed construction areas may be located by reference to the buildings. E. Recording Operation: 1. Audio-video recording operator-in-charge shall have experience on construction projects of similar scope and complexity. 2. Apprentice operators may not assume control over any work, but must, in the course of their duties, be continuously supervised by an experienced operator. F. Recording Schedule: Initial recording shall be performed prior to the placement of any construction materials or equipment on the proposed construction site. G. Delivery: 1. CONTRACTOR shall deliver DVD recordings to the CITY upon their completion as a whole; or upon request of the CITY, deliver specific DVD recordings of any area to the CITY upon their completion. 2. Upon delivery of DVDs, transfer of ownership of those DVDs shall be made to the CITY. H. Unacceptable Documentation: 1. The CITY shall have the authority to reject all or any portion of the DVD documentation not conforming to specifications. 2. Those rejected portions shall be re-done at no additional cost to the CITY. I. Those rejected portions shall be re-done at no additional cost to the CITY.

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MATERIALS

200.02.01 PROJECT SIGN MATERIALS A. Provide project sign materials as shown on the sign detail at the end of this section.

CONSTRUCTION

200.03.01 DVD RECORDINGS PROCEDURAL REQUIREMENTS A. Procedures specified below shall be implemented for the production of color, audio-DVD documentation which shall be executed in a conscientious and professional manner to ensure the end product's maximum usefulness to the CITY. B. Coverage shall consist of a single, continuous, unedited recording that begins at one end of a particular construction area and continues to the other end of that construction area. C. DVD shall be divided into chapters with each chapter representing a specific construction area. D. Visibility: 1. All recording shall be performed during times of good visibility. 2. No recording shall be done during period of significant precipitation or darkness. 3. The recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. E. Recording Procedures: 1. A wide angle of area will be shown first, then a series of pans, zooms, and tilts as may be necessary to accomplish a comprehensive view. 2. Close-ups will be used as necessary to ensure sufficient detail of items of interest. 3. Each item of interest shall be clearly indicated in the video record for sufficient time to permit audio discussion and viewer comprehension. F. DVD Indexing: 1. DVD Identification: All DVDs and their storage cases shall be properly identified by DVD index number, project title, and general project location. 2. DVD Logs: a. Displayed on the storage case of each DVD shall be a log of that DVD's contents. b. That log shall describe the various segments of coverage contained on that DVD in terms of the chapters, names and sides of the streets, alignments, or easements, coverage beginning, direction and endpoints, with corresponding DVD layer counter numbers. 3. Cumulative Index correlating various segments of coverage to corresponding DVDs shall be supplied to the CITY.

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200.03.02 AUDIO-VIDEO RECORDING TECHNICAL REQUIREMENTS A. Audio-video recording system and procedures employed in its use shall produce a finished product that will fulfill the technical requirements of the project as well as those more subjective requirements of acceptable quality audio and video production. 1. Video portion of the recording shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls, or any other form of picture imperfection. 2. Audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion. B. Recording System: 1. DVD: a. DVDs used for the recordings shall be professional quality, color DVD media using good quality DVD video and audio bitrates. b. No DVDs used for previous recording will be used except when furnished by the CITY. c. Recorded DVDs shall be compatible for playback with any standard DVD player. 2. Recorder: By electronic means, video recordings shall display continuously date and time of recording. 3. Audio Record: a. There shall be a corresponding and simultaneously recorded audio recording containing camera operator commentary which shall assist in viewer orientation and in any needed identification, differentiation, clarification, or objective description of the structures being shown in the video portion of the recording. b. Audio recording shall be free of any other voice communication. c. At start of production of each area, an identification summary shall be read into the record while at the same time a wide-angle view with numeric displays is provided for record. Summary shall include: 1) Name of job. 2) Positional Location at start of job. 3) Date, time, weather, and other notable conditions. 4. Camera: Color digital format video camera capable of a minimum resolution of 1920 by 1080 pixels, and at 60 fps (frames per second).

METHOD OF MEASUREMENT

200.04.01 MEASUREMENT A. Mobilization shall be measured for payment on a lump sum basis with partial payments made as specified below under Payment. B. The quantity of Project Sign measured for payment will be the number of each, in place and complete. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 MOBILIZATION 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

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BASIS OF PAYMENT

200.05.01 PAYMENT A. No payments will be made for mobilization unless all daily progress reports are current and submitted to the CITY. B. Mobilization partial payments shall be made in accordance with the following schedule: 1. When 5 percent of the original Contract amount is earned from other bid items, 25 percent of the amount bid for mobilization, or 5 percent of the original Contract amount, whichever is less, will be paid. 2. When 25 percent of the original Contract amount is earned from other bid items, 50 percent of the amount bid for mobilization, or 7 percent of the original Contract amount, whichever is less, will be paid. 3. When 50 percent of the original Contract amount is earned, excluding the amount for mobilization, the remaining Contract amount bid for mobilization, or 10 percent of the original Contract amount, whichever is less, will be paid. 4. Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 10 percent of the original Contract amount will be paid. C. The accepted quantity of Project Sign will be paid for at the Contract unit price bid per each, which price shall be full compensation for furnishing and placing the Project Signs as specified and as shown on the Drawings. Payment for project signs shall include all labor, tools, materials, equipment, trucks and/or trailers for mounting, and all incidentals necessary to perform the work. D. All payments will be made in accordance with subsection 109.06, Partial Payment. E. Payment will be made under: ITEM NO. PAY ITEM PAY UNIT

200.01 Mobilization Lump Sum 200.02 Project Sign Each

END OF SECTION 200

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SECTION 208

TRENCH EXCAVATION AND BACKFILL

DESCRIPTION

208.01.01 GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

G. Excavation and trenching work shall include all materials, labor and equipment necessary for the removal and subsequent handling of all materials excavated or otherwise removed in performance of the contract work, regardless of the type, character, composition, or condition thereof, including temporary and permanent asphalt surfacing of trench areas as may be required for completion of the work.

H. The Contractor shall supply acceptable backfill material to replace all material that is not reused. The cost of disposing of unsuitable material and supplying acceptable material excavated within the depths shown on the Plans shall be considered as incidental to the work and no further compensation shall be allowed. Excavation to remove unsuitable material below the depths shown on the plans shall not be measured and is considered to be incidental to other pay items.

I. “Pea gravel” is not allowed for use as selected backfill, granular backfill, sand backfill, structural backfill or bedding. “Pea gravel” is typically a byproduct of aggregate crushing operations. It is uniformly graded, normally having a nominal size of three-eighths (3/8) inch. It lacks fines and plasticity to allow for proper compaction and its high void content does not lend itself to compaction testing. When exposed by an intersecting trench excavation, it is unstable and subject to flow. It is difficult to find the source of culvert or waterline leakage due to the high permeability of pea gravel.

CONSTRUCTION

208.03.01 TRENCH EXCAVATION, GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

C. Trenches shall be shored or laid back to a stable slope. Shoring, if utilized, shall be designed by a registered Engineer experienced in shoring design. Excavations should be kept moist, but not saturated, during construction to help prevent raveling and sloughing. If there is insufficient space for sloped excavations, then shoring shall be used. Traffic and surcharge loads shall be kept back at least ten feet (10’) from the top of the excavations.

D. Trenching and shoring operations shall be conducted in accordance with 29 CFR (Code of Federal Regulations) Part 1926, Occupational Safety and Health Standards (OSHA) - Subpart P-Excavations; (July 1, 1990).

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ADD THE FOLLOWING TO THIS SUBSECTION:

B. Except as otherwise provided or approved by the Engineer, after the pipe or conduit is laid, trenches shall be backfilled with "Type II Aggregate Base Backfill" or with "CLSM" in the pipe zone as defined in the following table:

Pipe or Conduit Pipe Zone 2-inch or less diameter Bottom of pipe to 6 inches above the top of the pipe Greater than 2-inch Bottom of pipe to 12 inches above the top of the pipe diameter except vitrified clay pipe

C. "Crushed Rock" shall not be used to backfill in the pipe zone unless specifically preapproved by the governing agency.

D. The partially backfilled trench shall be compacted to not less than 90 percent of maximum density except when "CLSM" is used. Jetting or ponding methods of compaction performed in accordance with the provisions of Subsection 207.03.01 will be permitted in the pipe zone, except for corrugated metal pipe and thermoplastic pipe.

(a) In unpaved areas and areas outside the existing or proposed street right-of-way, the remaining backfill shall be "CLSM," "Granular Backfill," or "Selected Backfill," except that no stones or lumps greater than three (3) inches will be permitted if "Selected Backfill" is used in trenches 2 feet or less in width.

Except when "CLSM" is used, the material shall be compacted to not less than 85 percent of maximum density, except for the top 12 inches which shall be compacted to 90 percent of maximum density unless otherwise approved by the Engineer. Compaction of backfill by ponding or jetting methods will be permitted when performed in accordance with the provisions described in Subsection 207.03.01, but shall not be restricted by the amount of material passing the No. 200 sieve. The upper 12 inches below the existing grade in the traveled portion of an unpaved road shall be by mechanical means only.

(b) In paved areas and areas within the existing or proposed street right-of-way, the remaining backfill shall consist of one of the following types as determined by the Engineer.

(1) Granular or Selected Backfill. Backfill material from the pipe zone to a plane which is a minimum of 16 inches below the bottom of pavement shall be "Granular Backfill," or "Selected Backfill."

If "Selected Backfill" is used in trenches 2 feet or less in width, no stones or lumps greater than 3 inches will be permitted. The material shall be compacted to not less than 90 percent of maximum density.

Trench backfill may be compacted by ponding or jetting methods performed in accordance with the requirements of Subsection 207.03.01, "General" when the character of the backfill material and adjacent native materials are as specified in Subsection 207.03.01, "General," except

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208-2 ponding or jetting methods will not be permitted in the trench 16 inches below the bottom of an existing pavement.

Backfill material for the minimum of 16 inches beneath the pavement shall consist of "Type II Aggregate Base" conforming to the requirements of Subsection 704.03.04. The material shall be mechanically compacted to not less than 95 percent of maximum density.

(2) CLSM. "CLSM" shall be placed from the top of the pipe zone to the bottom of the pavement. In deep trenches, backfill material from the pipe zone to a plane which is a minimum of 24 inches below the bottom of the pavement may be "Selected Backfill," "Granular Backfill," or "CLSM."

E. If ponding or jetting is used to compact the backfill, the Contractor shall take all necessary precautions to prevent the pipe from floating including the filling or partially filling of the pipe with water if necessary. Adequate sumps and pumping shall be provided, as determined by the Engineer, for removing excess water from the trench. Any freestanding water in a partially backfilled trench shall be allowed to completely drain away before the remaining backfill is placed.

F. Ponding or jetting methods shall be supplemented by using vibratory or other mechanical compaction equipment when necessary to obtain the required compaction.

G. Compaction not accomplished by ponding and jetting shall be done by mechanical means. Mechanically compacted backfill shall be placed in layers of thickness compatible with the characteristics of the backfill and the type of equipment being used, but not exceeding 8 inches in loose thickness before compaction when hand-directed compaction equipment is used unless otherwise approved by the Engineer. Each layer shall be evenly spread, moistened, and tamped or rolled until the specified relative compaction has been attained.

208.03.12 PIPE BEDDING

ADD THE FOLLOWING TO THIS SUBSECTION:

G. Except as otherwise provided herein or in the Contract Documents, or as otherwise shown on the Drawings, the trench shall be excavated to a depth of at least 6 inches below the bottom of the pipe barrel and to a depth which will be sufficient to provide at least 2 inches’ clearance under the pipe bell, and backfilled to the required grade of the bottom of the pipe with "Type II Aggregate Base Backfill". "Crushed Rock" may be used for pipe bedding only if material use has been specifically approved by the governing agency. When "Crushed Rock" is used for pipe bedding the Contractor shall follow the same procedures described later in this subsection when "drain backfill" is used to control groundwater.

H. The bedding shall be compacted to at least 90 percent of maximum density. Pipe bedding shall be placed and prepared in such a manner that there will be a firm, continuous support along the entire length of the pipe barrel. Bell holes in the bedding shall provide at least 2 inches of clearance beneath pipe joints.

I. Unless otherwise specified, laying pipe on mounds of the approved bedding material compacted firmly in place will be allowed whenever pipe 18 inches in diameter or smaller is being used, excepting sanitary sewer pipe and storm drain pipe; when "Type II Aggregate Base Backfill" is used for bedding material; and when the character of the

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208-3 bedding material and adjacent native material is such that ponding or jetting will be used for compaction. The mounds shall be a minimum of 6 inches along the length of the pipe and of adequate size to hold the pipe in alignment and to maintain a 2-inch minimum clearance from the bottom of the coupling to the trench bottom. Each pipe shall be laid on two mounds with the center of each mound placed approximately one-fifth of the pipe length from each end. The clearance between the trench bottom and the bottom of the coupling and/or pipe barrel shall be properly backfilled utilizing "Type II Aggregate Base Backfill" and the material shall be compacted utilizing appropriate methods and equipment to provide a firm and uniform bedding throughout the entire length of the pipe.

J. In the event that "Drain Backfill" is used to control groundwater, the Contractor shall at his expense, construct dams within the drain rock bedding material at maximum intervals of 600 feet or at each manhole, whichever is less. In areas with active groundwater, the dams shall be constructed to the top of the pipe or the level of groundwater, whichever is greater. For "Crushed Rock" bedding, the dams are to be constructed to the top of bedding elevation, as a minimum, which could be the foundation of the manhole. The dam material shall be Portland cement concrete conforming to the requirements of Section 501, and shall have a minimum thickness of 6 inches. All pipes shall be placed directly on the drain rock bedding material unless otherwise required or approved by the Engineer.

K. Backfill material to be used around buried structures where water is present or anticipated to be present shall be carefully selected so that it will protect the surrounding soil from infiltrating into the backfill as determined by the Engineer. This select material shall serve as a filter material. If the drain material is to remove an appreciable quantity of water, graded filter drains using separate fine-grained layers for filters and coarse- grained layers to conduct the water may be required. As an alternate to using a filter material, a filter fabric may be placed between the backfill material and surrounding soil.

L. CLSM may also be used for pipe bedding material. When CLSM is used, laying pipe on mounds of approved bedding material as described above precedes the placement of CLSM. CLSM is then place adjacent to the pipe and allowed to flow and is worked beneath the pipe to provide continuous, uniform support. Care shall be exercised as discussed in Subsection 208.02.06 to prevent movement or floatation of the pipe caused by placement of the CLSM. Note that the UDACS requires that the materials used for backfill in the pipe zone and the pipe bedding be the same material. CLSM will not be used if shown otherwise.

208.03.20 TESTING

ADD THE FOLLOWING TO THIS SUBSECTION:

B. Where backfill is required to be compacted to a specified density, field tests for compliance are to be made by Contractor in accordance with the requirements of the governing criteria. At its sole discretion, additional testing may be made by the Contracting Agency using the test procedure prescribed by the governing agency. For density determination tests the Contractor shall excavate at no additional cost to Owner in accordance with Subsection 208.03.01 any trench horizon the Contracting Agency may request. Where any tests, whether those of Contractor or Contracting Agency, reveal non-compliance with the requirements of the contract, the Contractor shall bear the costs of subsequent recompaction and retesting until the required density is obtained.

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C. Where CLSM is required to meet compressive strength requirements, field tests will be performed by the Contractor in accordance with the testing procedures outlined in Subsection 208.02.06. At its sole discretion, additional testing may be made by the Contracting Agency using the applicable test procedure. The Contractor shall provide the Contracting Agency all materials and access required to perform this testing. Where any tests, whether those of Contractor or Contracting Agency, indicate potentially non- complying materials, the Contractor shall bear the cost of subsequent retesting and engineering analysis necessary to determine necessary corrective measures and all costs related the corrective measures required for resolution of the non-compliance to the satisfaction of the Engineer, including, if required, removal and replacement of the work.

D. For compressive strength testing procedure verification, the Contractor shall cast one set of six 4-inch by 8-inch specimens in concrete masonry block molds. The Contractor shall insert six 4-inch by 8-inch perforated molds into the in-place CLSM represented by the cast specimens. Both the cast specimens and the in-place specimens shall be field- cured for 4 days; after which they shall be returned to the testing laboratory. The specimens shall then be laboratory-cured in a 100 percent humidity, temperature- controlled concrete cure room (cure tanks should not be used). Two samples from each set shall be tested at the ages of 7, 28, and 90 days.

208.03.21 CUTTING AND RESTORING STREET SURFACING

ADD THE FOLLOWING TO THIS SUBSECTION:

Q. Trench excavation and backfill shall be per the applicable sections of the Uniform Standard Specifications and Standard Drawings. "CLSM" shall be used in the following cases:

(1) All trenches 8 inches or less in width for installation of conduit (full depth to bottom of asphalt surface). (2) Trenches for service laterals on developed major streets (greater than 60 feet of planned right-of-way) as determined by the Engineer.

R. Prior to placing the temporary or permanent patch, the existing pavement shall be sawcut to a neat line and to a minimum width as follows:

(1) For transverse trenches, sufficient width (4 feet minimum) to accommodate mechanical placement using Agency approved spreader box or paving machine, rolling and compaction in compliance with Subsection 401.03.11, "Rolling and Compaction."

(2) For longitudinal trenches on streets with rights-of-way greater than 60 feet, one lane width in its entirety. Saw cut lines shall be made at the edge of the travel lane and shall not fall within the travel lane. Pavement patches for longitudinal trenches on streets with rights-of-way 60 feet or less shall be sufficient width (4 feet minimum) to accommodate mechanical placement using Agency approved spreader box or paving machine, rolling and compaction in compliance with Subsection 401.03.11, "Rolling and Compaction" and saw cut shall not be placed in wheel path area of travel lane.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 TRENCH EXCAVATION AND BACKFILL 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS

208-5 (3) For narrow trenches (6 inches or less in width) for conduit placement within 2 feet of the curb and gutter, a minimum of 4 feet from the lip of gutter and removed to the curb and gutter. Pavement patch width shall be sufficient to accommodate mechanical placement using Agency approved spreader box or paving machine, rolling and compaction in compliance with Subsection 401.03.11, "Rolling and Compaction" and saw cut shall not be placed in wheel path area of travel lane.

Existing aggregate base, if disturbed, shall be recompacted to meet the requirements of Section 302 of the Uniform Standard Specifications. Compaction by rolling with vehicle tires will not be permitted. Aggregate base courses which were constructed with geosynthetics shall be repaired in conformance with the manufacturer's recommendations.

METHOD OF MEASUREMENT

208.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

No direct measurement will be made for trench excavation, backfill, temporary or permanent patch.

BASIS OF PAYMENT

208.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

No payment will be made for trench excavation, backfill or installation or removal of temporary or permanent patch as such; the cost thereof under normal circumstances being considered as included in the price bid for the construction or installation of the items to which such excavation or backfill is incidental or appurtenant.

END OF SECTION 208

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SECTION 302

AGGREGATE BASE COURSES

DESCRIPTION

302.01.01 GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

B. Aggregate Base shall be used for roadway replacement areas and ancillary work as shown on the Drawings.

CONSTRUCTION

ADD THE FOLLOWING SUBSECTION:

302.03.07 EXISTING AGGREGATE BASE

A. The top four (4) inches of exposed existing Aggregate Base shall be scarified and compacted to not less than 95 percent of the maximum dry density (ASTM D1557) and moisture conditioned to within 2 percent of optimum moisture content prior to pavement replacement, where shown on Plans.

METHOD OF MEASUREMENT

302.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

No direct measurement will be made for Aggregate Base. Type I or Type II Aggregate Base may be needed to complete fill and grading in all areas to receive bituminous pavement, as well as areas under sidewalks, cross-gutters, spandrels, driveways, sidewalk ramps, curb and gutters, permanent patches, and backfill for utility structures or other underground facilities.

BASIS OF PAYMENT

302.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

No payment will be made for furnishing, placing, grading, compacting, or stockpiling of Aggregate Base; the cost thereof under normal circumstances being considered as included in the price bid for the construction or installation of the items to which such Aggregate Base is incidental or appurtenant.

END OF SECTION 302

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302-2 SECTION 401

PLANTMIX BITUMINOUS PAVEMENTS - GENERAL

DESCRIPTION

401.01.01 GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

D. Three weeks prior to paving operations, the CONTRACTOR shall provide the mix design submittals and access to the plant to be used to batch the mixes. The CITY will obtain oil samples and cold feed aggregate samples from the hot mix plant and perform laboratory tests on the samples prior to permitting paving operations to begin.

METHOD OF MEASUREMENT

401.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

Plantmix Bituminous Pavements will be measured in accordance with Section 402 of the Special Provisions.

BASIS OF PAYMENT

401.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

No payment will be made for furnishing and placing of Plantmix Bituminous Pavements; the cost thereof under normal circumstances being considered as included in the price bid for the construction or installation of the items to which such Plantmix Bituminous Pavements is incidental or appurtenant.

END OF SECTION 401

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401-2 SECTION 402

PLANTMIX BITUMINOUS SURFACE

DESCRIPTION

402.01.01 GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

C. This work consists of working at project site including furnishing and placing materials and utilization of labor and equipment.

D. This work also includes protection of a survey monument and installation of protective collar for the survey monument as stated and shown on the Plans and specified in Section 105.

METHOD OF MEASUREMENT

402.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. The quantity of “2-Inch Plantmix Bituminous Surface, to be measured for payment will be by the actual square yards, complete and accepted by the CITY

BASIS OF PAYMENT

402.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

No payment will be made for furnishing and placing of Plantmix Bituminous Surface; the cost thereof under normal circumstances being considered as included in the price bid for the construction or installation of the items to which such Plantmix Bituminous Surface is incidental or appurtenant.

END OF SECTION 402

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402-2 SECTION 405

TACK COAT

DESCRIPTION

405.01.01 GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

C. This work consists of working within Project Area, including furnishing and placing materials and utilization of labor and equipment.

METHOD OF MEASUREMENT

405.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. The quantity of tack coat will not be measured for payment.

BASIS OF PAYMENT

405.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

B. No separate payment will be made for tack coat as such; the cost thereof shall be included in the price bid for the construction or installation of the items to which such tack coat is incidental or appurtenant.

END OF SECTION 405

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405-2 SECTION 406

PRIME COAT

DESCRIPTION

406.01.01 GENERAL

ADD THE FOLLOWING TO THIS SUBSECTION:

C. This work consists of working within Project Area, including furnishing and placing materials and utilization of labor and equipment.

METHOD OF MEASUREMENT

406.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. The quantity of prime coat will not be measured for payment.

BASIS OF PAYMENT

405.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. No separate payment will be made for prime coat as such; the cost thereof shall be included in the price bid for the construction or installation of the items to which such prime coat is incidental or appurtenant.

END OF SECTION 406

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SECTION 501

PORTLAND CEMENT CONCRETE

DESCRIPTION

ADD THE FOLLOWING TO THIS SUBSECTION:

501.01.03 SUBMITTALS A. Submit per the requirements of the contract including General and Special Conditions and as specified in the specification Section. Submit for all materials specified in this Section. B. Proposed concrete design mixes with supporting data and test results. Submit minimum of 30 days prior to start of concrete placement. C. Testing laboratory reports: 1. Submit reports immediately after conducting tests. 2. Test reports shall contain following information: 3. Testing agency. 4. Project identification. 5. Material tested and date of test. 6. Test location. 7. Material source or placement description, as applicable. 8. Tests performed and referenced standard. 9. Test results and referenced standard or specification criteria. 10. Bind reports in one volume at end of Project and give 1 copy each to OWNER. 11. Following reports shall be submitted no later than 30 days prior to start of concrete placement for each class of concrete and aggregate size: a. Initial concrete fine and coarse aggregate tests. b. Proposed concrete design mixes and supporting data. D. Manufacturer’s tests or certificates of compliance with specified standards, 30 days prior to commencing concrete placement for cement from each car from which cement will be used. E. List of admixtures, sealers, curing agents, surface finish materials, grout and other manufactured materials furnished. Furnish manufacturer’s literature and written recommendations for products furnished as equal to that specified or to meet performance requirements. F. IQAC-For expediting of material source and type approvals of concrete mix designs and the opinion of the source, a website has been established for posting of qualified materials: www.accessclarkcounty.com/depts/public works/pages/iqac.aspx

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501-1

G. Any listed material is considered qualified for use without a material testing submittal. However, this does not relieve CONTRACTOR of project testing of the material as required in these specifications. CONTRACTOR must submit the mix design for the approval of OWNER. H. Submit one-pound samples of aggregate for exposed aggregate surfaces for approval by OWNER. MATERIALS

501.01.02 GENERAL

Add the following paragraphs: B. Mix designs shall be from the Clark County Public Works IQAC approved list. C. Concrete shall have a minimum 28-day compressive strength of 4,500 psi. The maximum water cement ration shall be 0.45. D. Type V cement shall be used.

Delete the following subsection:

501.01.05 ZERO SLUMP CONCRETE FOR THE MANUFACTURING OF PRECAST CONCRETE PRODUCTS Delete the following subsection:

501.01.06 LOW SLUMP CONCRETE FOR THE MANUFACTURING OF subsection:

Delete the following subsection:

501.01.07 SELF-CONSOLIDATING CONCRETE

CONSTRUCTION Delete the following subsection:

501.01.11 TRIAL SLAB AND PROCESS CONTROL TESTING

BASIS OF PAYMENNT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. No separate payment will be made for concrete as such; the cost thereof shall be included in the price bid for the construction or installation of the items to which such concrete is incidental or appurtenant.

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SECTION 505

REINFORCING STEEL

DESCRIPTION

505.03.01 MEASUREMENT DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. Reinforcing Steel shall not be measured for payment directly but shall be considered as incidental to the pertinent work. BASIS OF PAYMENT

505.03.02 PAYMENT DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. No separate payment will be made for reinforcing steel as such; the cost thereof shall be included in the price bid for the construction or installation of the items to which such reinforcing steel is incidental or appurtenant.

END OF SECTION 505

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SECTION 630

SANITARY SEWERS

DESCRIPTION

630.01.01 WORK INVOLVED

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. This work consists of constructing sanitary sewers including placing and testing of sewer pipe, manholes, clean-outs, sewer laterals the construction of appurtenances and connections, and all incidentals to sewerage construction. This work also consists of adjusting sewer manhole covers, removing and abandoning sewer manholes and pipe.

B. All requirements and provisions of Section 630 and related Sections and Standard Drawings of the Uniform Standard Specifications for Public Works Construction Off-Site Improvements, Clark County, Nevada (Blue Book), the Design and Construction of Standards for Wastewater Collection Systems (DCSWCS), latest edition, and the City of Henderson’s revisions to the DCSWCS, latest edition shall be adhered to in the performance of this Contract, except where otherwise specified herein or shown on the Plans.

C. The sanitary sewer system shall be kept in continuous operation during construction. Contact the City of Henderson (City) Public Works Quality Control Division at (702) 267- 3100 a minimum of 2 working days prior to commencement of work on the sanitary sewer system. No sanitary sewers or manholes may be shut down to make connections without prior approval of the City. Connections to the existing sewer system shall be made only in the presence of an authorized representative of the City.

ADD THE FOLLOWING SUBSECTIONS TO THIS SECTION:

630.01.11 SUBMITTALS

A. The Contractor shall furnish documents to the Engineer as identified in the following sections, in accordance with Section 105 of the Standard Specifications and these special provisions, and obtain approval from the Engineer prior to commencing work.

630.01.12 SEQUENCE OF CONSTRUCTION

A. Work under the Contract shall be scheduled and performed in such a manner as to result in the least possible disruption to the operation of the existing facilities

630.01.13 GPS SURVEY OF LOCATIONS OF SEWER INFRASTRUCTURE

A. Sewer appurtenance locations must be collected using GPS equipment, and submitted as part of the deliverables. Deliverables should include hard copy and electronic files (in ASCII text file, spreadsheet or Microsoft Access database format) of measured locations containing the following information:

1. Appurtenance Type (Valve, Hydrant, Manhole, etc.) 2. Northing (see coordinate system specification below) 3. Easting (see coordinate system specification below)

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-1 4. Elevation (see coordinate system specification below) 5. Horizontal Measurement Location (front, center, etc.) 6. Vertical Measurement Location (base, top of, etc.) 7. Comments (can include station numbers, and/or other pertinent information)

Survey grade GPS receivers meeting the following accuracy standards should be used: Horizontal Accuracy: ± 1 inch Vertical Accuracy: ± 2 inches

Northing, Easting and elevation should be reported in the following coordinate system: Coord. System: US State Plane 1983 Zone: Nevada East 2701 Units: US Survey Feet (Northing, Easting & Elevation) Horizontal Datum: NAD 1983 (Conus) Vertical Datum: NAVD 88

Locations of the following sewer infrastructure appurtenances should be collected:

Appurtenance Measurement Location Tee’s and elbows/bends Horizontal: Center of the Tree of elbow (change in direction of Vertical: Top of the Tee or elbow the pipeline) Casings Horizontal: Both end points Vertical: Top of the casing Sewer Manholes Horizontal: Center of the Manhole Lid Vertical: Top of the Manhole Lid and at the bottom of the manhole (Invert elevation). For drop manholes, collect invert elevations of both pipes at the manhole.

Collection of GPS survey locations shall be performed under the supervision of a Nevada registered Professional Land Surveyor.

MATERIALS

630.02.02 MANHOLES

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. Furnish all materials and construct manholes complete in place, per DCSWCS Plates SD- 1A and SD-1B, including foundation walls, manhole frames, covers, and any incidentals thereto, at the locations shown on the plans. Manholes shall support AASHTO-H20 Loading.

B. Manhole bases shall be cast-in-place or pre-cast as required per the construction drawings. Manhole bases that are cast-in-place shall use Type V concrete in accordance with ASTM C150. Use of Type II concrete with flyash shall not be permitted. Minimum 28-day compressive strength of concrete for manhole bases and shelves shall be 3,000 psi. The Contractor shall use an impression ring when forming manhole bases. This impression ring shall match the manhole shaft components to provide a seal between the bases and the shaft.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-2 C. Manhole shafts and grade rings shall be joined by one of the following:

1. Joined With Grout: Grout mix shall consist of one part Type V cement, one part washed sand, and one part non-metallic non-shrink Type V grout, such as Masterflow 713 Grout by Master Builders, Five Star Grout by U.S. Grout Corporation, or approved equal. Equal portions shall be established by volume and only sufficient water shall be used (approximately 5.5 gallons per bag of cement). In groundwater conditions, full-strength grout shall be used.

2. Kent Seal used between joints, Ring and Cover. All machined surfaces on the ring and cover shall be such that the cover will lie flat in any position in the frame, and have a uniform bearing through its entire circumference.

Any ring and cover which creates any noises or moves when passed over by automobiles shall be replaced. Rings shall be set firmly in a bed of grout true to line and grade, as shown on the plans.

D. To provide a watertight manhole connection an approved seal or water stop is required to be used. A flexible gasket can be cast directly into the manhole or base or grouted into a precast manhole. As an alternative, a rubber adaptor ring can be placed around the pipe stub to be cast into the manhole base or wall. These couplings shall also be used for rigid structures.

E. Exterior coating of manholes shall be two coats of Carboline Bitumastic 50 or an approved equivalent, applied by brush spray or roller to completely cover the underground wall at the manufacturer’s recommended usage rate. Provide two coats at 14 to 17 mils DFT each, 28 to 34 mils DFT total.

F. Submit manufacturer's product data detailing material and dimensional data, including ASTM reference and grade, for the following:

1. Precast Concrete Manhole Rings 2. Joint Sealant 3. Concrete for Manhole Bases Cast-in-Place 4. Manhole Frames and Covers 5. Manhole Rehabilitation Grout 6. Manufacturer shall submit loading and design calculations signed and stamped by a professional engineer licensed in Nevada prior to manufacturing of manhole rings.

CONSTRUCTION

630.03.01 EXCAVATION AND BACKFILL

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

A. The information shown on the Plans as to location of existing sewer and other utility lines represents the most accurate data available at the time of preparation of these Plans, but in no case is to be construed as guaranteeing that the data shown is correct. The Engineer does not expressively or by implication agree, represent, or imply that the actual locations conform exactly to that shown on the Plans.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-3 B. Notify the City’s Public Works Quality Control Engineer a minimum of 3 days in advance of shutdown, 48 hours in advance of actual construction start, and 24 hours prior to an inspection of any part of the work. The Contractor will notify the City for the required inspections.

C. Excavation and backfill shall be in accordance with the Standard Drawings for excavation and backfill of sanitary sewers.

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

630.03.10 ABANDONMENT OF EXISTING SEWERS

A. Sewer Mains to be abandoned: Abandon sewer pipelines where designated on the drawings. The abandonment shall be as required and in accordance with Section 3.18.1 of the Southern Nevada Design and Construction Standards for Wastewater Collection Systems, most recent edition and the City of Henderson’s revisions to the DCSWCS, latest edition.

B. Sewer Manholes to be abandoned: Abandon manholes where designated on the drawings. The abandonment shall be as required and in accordance with Section 3.18.2 of the Southern Nevada Design and Construction Standards for Wastewater Collection Systems, most recent edition and the City of Henderson’s revisions to the DCSWCS, latest edition.

ADD THE FOLLOWING SUBSECTIONS TO THIS SECTION:

630.03.16 SEWER PIPE REMOVAL

A. Excavate and remove sewer pipes in their entirety where designated on the drawings. The pipe shall be removed and the excavation backfilled to grade as required and in accordance with Section 3.13.5 of the Southern Nevada Design and Construction Standards for Wastewater Collection Systems, most recent edition and the City of Henderson’s revisions to the DCSWCS, latest edition.

630.03.17 MANHOLE REMOVAL

B. Excavate and remove manholes where designated on the drawings. The manholes shall be removed and the excavation backfilled to grade as required and in accordance with Section 3.13.5 of the Southern Nevada Design and Construction Standards for Wastewater Collection Systems, most recent edition and the City of Henderson’s revisions to the DCSWCS, latest edition.

630.03.18 MAINTAINING SEWER FLOWS Control and maintain all sanitary sewer flows within the sewer system during the work. Service shall be maintained at all times. Minimum requirements are for bypass pumping to control sewage flow as necessary to facilitate sewer line crossing, replacement, and relocation and rehabilitation construction activities.

Provide all labor, equipment, supervision and materials necessary to eliminate flows via bypass pumping through a section or sections of pipe to facilitate the work. Conform to applicable requirements of the OSHA Standards for Construction.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-4 Contractor may convey existing flows by bypass pumping method pre-approved by the CITY. Contractor shall maintain existing flow capacities at all points of connection and in areas where the existing line conflicts with the construction of the new lines. Plugging of sewer lines shall not be permitted without bypassing.

630.03.19 SEWER BYPASS PUMPING PLAN Prepare and submit six (6) copies of a detailed Bypass Pumping Plan including emergency response plan that describes the measures to be used to control flows and obtain approval of the Plan from CITY prior to beginning bypass pumping work. The Contractor shall complete the checklist attached (Exhibit A) to the end of this section, and submit completed checklist with Bypass Pumping Plan. All prospective bidders/contractors are advised to determine the sewer flows by their own means and methods. If such flow measurement is to take place in areas, which impacts, the traveling public, the Bidder must submit a traffic control plan with his written request. The traffic control plan must be in accordance with all reference specifications in the contract documents. The Contractor is responsible for the cleanup and the cost of any spills which is caused by the Contractor’s negligence and improper bypass operation.

METHOD OF MEASUREMENT

630.04.01 MEASUREMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

The quantity of “Install 8-inch PVC SDR-35 Sewer Line”” will be measured for payment by the actual number of linear feet of sanitary sewer installed, complete and in place, including, but not limited to, Removal of existing pavement, excavation, trenching, shoring, bedding, backfill, compaction, pipe laying, installation of gravity sewer appurtenances, removal, abandonment, relocation and protection of existing utilities as shown, final grading and pavement. The measurement shall also include, but not be limited to, Removal and replacement of existing parking island curb. Removal and replacement of existing island landscaping, shrubs and irrigation, pipe fittings, installing pipe locator markers and ribbons, handling, storage, testing, video inspection, collection of GPS survey locations, maintaining sewer flows for the gravity sewer installation except where bypass pumping is needed. Bypass pumping will be measured in a separate line item.

The quantity of “Install 6-inch PVC SDR-35 Sanitary Sewer Line”” will be measured for payment by the actual number of linear feet of sanitary sewer installed, complete and in place, including, but not limited to, pavement removal, excavation, trenching, shoring, bedding, backfill, compaction, pipe laying, installation of gravity sewer appurtenances, removal, abandonment, relocation and protection of existing utilities as shown, final grading and pavement. The measurement shall also include, but not be limited to, joining pipe fittings, installing pipe locator markers and ribbons, handling, storage, testing, video inspection, collection of GPS survey locations, maintaining sewer flows for the gravity sewer installation except where bypass pumping is needed. Bypass pumping will be measured in a separate line item.

The quantity of “Install 48-inch Sewer Manhole” will be measured for payment per each, installed complete and in place including, but not limited to, pavement removal excavation, trenching, shoring, bedding, backfill, compaction, lining, coating pavement, iinspection, testing, collection of GPS survey locations and maintaining sewer flows for the gravity sewer installation except where bypass pumping is needed. Bypass pumping will be measured in a separate line item.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-5

The quantity of “Connect to Existing Sewer Manhole” will be measured for payment on an each basis, installed complete and in place including, but not limited to, excavation, trenching, dewatering, shoring, bedding, backfill, compaction, inspection, testing, maintaining sewer flows for the installation, and collection of GPS survey locations.

The quantity of “Sewer Bypass Pumping” will be measured for payment on lump sum basis.

BASIS OF PAYMENT

630.05.01 PAYMENT

DELETE THIS SUBSECTION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

The accepted quantities, measured as provided above, will be paid for at the contract price per unit of measurement for the pay item listed below that is shown in the proposal. Payment will be full compensation for the work prescribed in this Section.

The contract unit price paid for each pay item shall be full compensation for complete sanitary sewer system installation, including, but not limited to, all excavation, trenching, dewatering, shoring, bedding, backfill, compaction, removal, Removal and replacement of existing island landscaping, shrubs and irrigation, abandonment and protection of existing utilities as shown, testing, pre-and post-construction video inspection, connections to new manholes, and all work, materials, equipment, and incidentals as necessary to complete the work as shown on the plans, as specified herein, or as directed by the City.

The contract unit price of “ Sewer Bypass Pumping” shall be per lump sum for sewer bypass pumping including all necessary labor, materials, and equipment for maintaining sewer flows and sewer bypass for the gravity sewer/force main installation including, but not limited to, preparing and submitting a bypass pumping plan, installing temporary diversion structures, collapsible sewer plugs, dams, pumps, pipes, and related materials and equipment, providing labor and supervision to setup and operate the pumping and bypassing system, removing the bypass pumping system, and restoring and cleaning disturbed areas.

Payment will be made under:

Pay Item Pay Unit

630.03 Install 8-inch PVC SDR-35 Sewer Line Linear foot 630.03 Install 6-inch PVC SDR-35 Sanitary Sewer Line Linear foot 630.05 Install 48-inch Sanitary Sewer Manhole Each 630.07 Connect to Existing Sanitary Sewer Manhole Each 630.08 Sewer Bypass Pumping Lump Sum

END OF SECTION 630

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-6

Exhibit A - Sewage Bypass Pumping Review Checklist

DEPARTMENT OF UTILITY SERVICES TECHNICAL SERVICES DIVISION

CITY OF HENDERSON 240 WATER STREET HENDERSON, NEVADA 89015

UTILITY SERVICES Sewage Bypass Pumping Review Checklist

Impairing the operational capabilities of any City of Henderson (COH) sewer pipelines or lift stations may result in serious environmental damage and monetary fines. Facilities must remain functional throughout the Construction period. No interruption to the wastewater system will be permitted. Six (6) copies of the Sewer Bypass Pumping Review Checklist are to be submitted to the Department of Utility Services Construction Manager.

SEWAGE BYPASS PUMPING PLAN

 Bypass Pump Capacity

o Bypass pumps shall be sized to handle the capacity of the sewer being bypassed and provide sufficient redundancy. o CONTRACTOR must obtain the following information via own flow monitoring means and methods: . Minimum Flow (mgd):

. Maximum Flow (mgd): . Will bypass pumping be affected by any lift stations?

• Yes_ No_ _.

• If yes, which lift station?

• Provide detailed pump operation procedures for handling varied sewage flows.

 Piping Plan & Profile

o Provide location of existing manholes to be used for suction/discharge points, collapsible sewer plugs, nearby lift stations (if applicable), size of sewer line, invert and grade elevation, size, length, and material of discharge piping. o Include location/staging area for equipment and material used during

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-7 bypass operation. Clearly identify and show pipeline routing is contained within easements and/or rights-of-way.

o Discharging to the ground surface, into storm drains, or discharging which may result in groundwater contamination or potential health hazard shall not be permitted.

o In the event of a sewage spill (in excess of 5 gallons), the CONTRACTOR shall be responsible for prompt cleanup and proper disinfection of the affected area. The CONTRACTOR is solely responsible for all cleanup, damages, and resultant fines in the event of a backup, spill, or unauthorized discharge.  Odor Control Plan

o Identify odor control measures to be utilized during bypass operation, regardless of project location. Any odor complaints will require immediate action. o  Public Access Plan

CONTRACTOR shall submit a Traffic Control Plan, as required, to COH Public o Works Department for approval prior to any bypass pumping operations.

o CONTRACTOR shall make provisions, if necessary, for vehicular and pedestrian traffic in accordance with the MUTCD and ADA requirements. o When possible CONTRACTOR shall select diversion manholes that do not block major intersections or business and home access.  Contact Information for Utility Companies

o CONTRACTOR shall identify all utilities in project which may possibly be affected by pumping operations.

 Equipment Operations Plan

o CONTRACTOR shall provide qualified and competent personnel to monitor, operate, and maintain the sewage bypass system. CONTRACTOR shall provide names and adequate documentation o demonstrating the personnel have been properly trained to monitor, operate, and maintain the sewage bypass equipment for this specific application in accordance with the Equipment Operations Plan.

o CONTRCTOR shall provide a minimum of two (2) operators must be onsite during all bypass pumping operations.  Emergency Response Plan

o CONTRACTOR shall provide an Emergency Response Plan that shall at a minimum include the following and shall be on site for operations personnel:

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-8 . Detailed containment plan

. Emergency Contact information

. Equipment failure procedures

 Inspection Plan

o CONTRACTOR shall inspect the entire bypass pumping and piping system for leaks or spills on an hourly basis. CONTRACTOR shall keep a daily bypass pumping inspection log o EQUIPMENT LIST

Equipment shall be on-site and available for an inspection by COH Field Operations before beginning any work. As a minimum the CONTRACTOR shall prove their ability to have onsite or readily available the following equipment:  Bypass Pumps

o Pumps sized using pump curves and calculations which support capacity requirements during by-passing operations, static lift, friction losses, and flow velocity. Pumps capable of passing at least a 3-inch solid sphere o o Standby pump and driver capacity (must be greater or equal to capacity of largest pump) maximum capacity. o If electrical pumps and generators are to be used provide sufficient redundancy for operation. o Provide fuel capacities of pumps. o Power requirements for pumps and standby equipment. The system shall provide sufficient redundancy for reliable operation.  Bypass Piping

Bypass pipeline sizes and material types o Quantity of bypass pipeline required accounting for system redundancy o Bypass pipeline connections and fittings o Bypassing piping shall be a minimum of 6-inch in diameter o o Bypass lines, fittings and all accessories shall withstand twice the maximum pressure required for bypassing. Provide information on temporary pipe supports and anchoring system. o  High level alarm at the upstream or suction manhole.

 Equipment to minimize noise.

Noise levels shall be maintained as acceptable limits in the COH Ordinances. o  Temporary sewer plugs

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-9 Provide method for plugging sewer and type of plug to be used. o  A vacuum truck and/or debris removal equipment

o The availability of such equipment shall be clearly presented in a manner that describes when it will be onsite and/or the response time that it can be onsite.  Odor control equipment

Air scrubbers/blower, chemical feed, etc. o Include MSDS information for any chemical agents used. o REQUIREMENTS

 For the purposes of bypass pumping lateral flows, entry onto private property is not permitted without right-of-entry/right-of access agreement.  No interruption of sewage flow shall be permitted throughout the duration of the project. Should COH forces be required, CONTRACTOR shall reimburse all costs.  Public Notice may be required as directed by COH.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-10 Exhibit A - Sewage Bypass Pumping Review Checklist

DEPARTMENT OF UTILITY SERVICES TECHNICAL SERVICES DIVISION

CITY OF HENDERSON 240 WATER STREET HENDERSON, NEVADA 89015

UTILITY SERVICES Sewage Bypass Pumping Review Checklist

SEWAGE BYPASS PUMPING PLAN

 Bypass Pump Capacity

. Maximum Flow (mgd): . Will bypass pumping be affected by any lift stations?

• Yes_ No_ _.

• If yes, which lift station?

• Provide detailed pump operation procedures for handling varied sewage flows.

 Piping Plan & Profile

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-7 and/or rights-of-way. o Discharging to the ground surface, into storm drains, or discharging which may result in groundwater contamination or potential health hazard shall not be permitted.

o Identify odor control measures to be utilized during bypass operation, regardless of project location. Any odor complaints will require immediate action. o  Public Access Plan

CONTRACTOR shall submit a Traffic Control Plan, as required, to COH Public o Works Department for approval prior to any bypass pumping operations.

o CONTRACTOR shall identify all utilities in project which may possibly be affected by pumping operations.

 Equipment Operations Plan

o CONTRCTOR shall provide a minimum of two (2) operators must be onsite during all bypass pumping operations.  Emergency Response Plan

o CONTRACTOR shall provide an Emergency Response Plan that shall at a minimum include the following and shall be on site for operations personnel: . Detailed containment plan

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-8 . Emergency Contact information

. Equipment failure procedures

 Inspection Plan

o CONTRACTOR shall inspect the entire bypass pumping and piping system for leaks or spills on an hourly basis. CONTRACTOR shall keep a daily bypass pumping inspection log o EQUIPMENT LIST

 Equipment to minimize noise.

Noise levels shall be maintained as acceptable limits in the COH Ordinances. o  Temporary sewer plugs

Provide method for plugging sewer and type of plug to be used. o

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-9  A vacuum truck and/or debris removal equipment

o The availability of such equipment shall be clearly presented in a manner that describes when it will be onsite and/or the response time that it can be onsite.  Odor control equipment

Air scrubbers/blower, chemical feed, etc. o Include MSDS information for any chemical agents used. o REQUIREMENTS

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 SANITARY SEWERS 350 BASIC ROAD SEWER RELOCATION BID DOCUMENTS 630-10 SECTION 637

POLLUTION CONTROL

DELETE SECTION 637 IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING

DESCRIPTION

637.01.01 GENERAL

A. This work shall consist of temporary pollution control measures that may be shown on the Drawings, as specified, or as ordered by the CITY during the life of the contract.

1. The work shall meet the applicable requirements of the Clark County Department of Air Quality (DAQ) and Nevada Division of Environmental Protection (NDEP).

2. The work is intended to provide prevention, control, and abatement of water and air pollution within the limits of the project and to minimize damage to the work, adjacent property, and streams or other bodies of water.

B. CONTRACTOR shall, 7 days prior to the preconstruction conference, submit for acceptance CONTRACTOR's proposed plans and schedules, in duplicate, for accomplishing the prevention of erosion and pollution that may occur due to CONTRACTOR's operations. No work shall be started until the schedules and methods of operations have been accepted by the CITY.

C. The work shall include furnishing and applying a dust palliative to all completed excavation and embankment grading planes and other disturbed areas within the right-of- way except those areas that are to be paved under the terms of the contract and as directed by the CITY. The dust palliative item does not include dust control measures required due to construction operations or carrying public traffic through construction or on detours.

D. Air Quality: The DAQ Air Quality Regulations, Construction Activities Dust Control Handbook, and those Best Management Practices (BMPs) described therein are hereby incorporated by reference as preconditions of this Contract.

1. CONTRACTOR shall familiarize himself with these regulations and practices, and is advised that prior to engaging in any construction activities defined in these regulations, CONTRACTOR shall obtain and pay fees associated with a Dust Control Permit from the DAQ.

2. As applicant, CONTRACTOR shall ensure that all contractors, subcontractors, and all other persons abide by the conditions of the permit.

3. As applicant, CONTRACTOR is further responsible for preparing, implementing and supplying complete copies of the Dust Control Permit and Dust Mitigation Plan, if applicable, to all project subcontractors.

4. Submit DAQ-signed certificate of project completion at end of project.

E. Stormwater Discharge Permit and Stormwater Pollution Prevention Plan: Comply with Subsection 637.03.03. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 POLLUTION CONTROL 350 BAIC ROAD SEWER RELOCATION BID DOCUMENTS

637-1 F. Discharge of Groundwater in preparation of trenching activities: If groundwater is encountered on the project, CONTRACTOR shall plan for proper discharge of water. Contractor shall obtain coverage under NDEP’s NPDES Deminimus General Permit (NVG201000) for discharge of non-polluted subsurface groundwater up to 250 gpm if Contractor intends to dispose of water in the storm drain system. Comply with all permit terms and conditions, including testing, monitoring and reporting. Pay filing and annual fees associated with obtaining and managing work under permit. Do not dispose of water into sewer system unless approved in writing by City prior to discharge.

G. Discharge of water from disinfection and flushing activities: CONTRACTOR shall plan for proper discharge of water. Contractor shall obtain coverage under NDEP’s NPDES Deminimus General Permit (NVG201000) if Contractor intends to dispose of water in the storm drain system. Comply with all permit terms and conditions, including testing, monitoring and reporting. Pay filing and annual fees associated with obtaining and managing work under permit. Do not dispose of water into sewer system unless approved in writing by City prior to discharge

H. Asbestos cement pipe (ACP) is anticipated to be encountered during construction activities, primarily related to connection, isolation, and abandonment of existing water mains. CONTRACTOR shall plan for proper employee and subcontractor training, personal protective equipment, planning, monitoring, handling, permits and notifications in accordance with Section 202 of these specifications.

MATERIALS

637.02.01 GENERAL

A. The binder for dust palliative shall be a resin emulsion that is miscible in water in the proportions hereinafter provided, is noncorrosive, and is effective as a dust palliative.

B. Resin emulsion shall be composed of from 57 percent to 63 percent of semi-liquid petroleum resin and the remainder water to which a suitable emulsifying agent has been added.

1. The binder shall be mixed with additional water at the job site and at the appropriate rate of 4 parts of water to 1 part of binder.

2. The exact rate of mixture shall be determined by the CITY.

3. The resin emulsion shall be readily miscible with water and when diluted with any hard water in proportions of 1 part emulsion to 10 parts water shall show no signs of breakdown or separation of the petroleum resin base.

4. Resin emulsion that has been stored in closed containers at temperatures above freezing for a period of up to 3 months shall show no signs of separation.

5. Any resin emulsion that has been stored for more than 3 months shall not be used until tested and approved.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 POLLUTION CONTROL 350 BAIC ROAD SEWER RELOCATION BID DOCUMENTS

637-2 CONSTRUCTION

637.03.01 GENERAL

A. The temporary pollution control measures shall be as directed from time to time by the CITY for the duration of the contract. The CITY may revise and bring up to date any temporary control measures or instigate any new temporary pollution control measures found necessary as the work progresses.

B. The temporary control measures to prevent pollution of streams or other bodies of water or of the air, and to minimize damage to the work, to adjacent property, and to streams or other bodies of water, as directed by the CITY will not be paid for separately.

C. It is expected that compliance with the requirements will necessitate performance of certain items of work at a different time or in a different manner than originally planned, causing revisions in scheduling of work that may interfere with normal construction practices.

D. Unless otherwise approved by the CITY, the total area of erodible earth material exposed by CONTRACTOR’s operations shall not exceed the respective requirements of DAQ and/or the Nevada Department of Environmental Protection (NDEP) before either temporary pollution control or temporary or permanent erosion control measures are accomplished.

E. Where erosion damage is probably due to the nature of the material or to the season of the year, CONTRACTOR's operations shall be scheduled so that pollution control features will be installed concurrently with or immediately following grading operations.

F. Compliance with this section shall not relieve CONTRACTOR from CONTRACTOR's responsibility to comply with the other provisions of the contract, except that CONTRACTOR will be required to replace, at no additional cost to the CITY, any of the temporary pollution control work that is damaged by action of the elements.

G. INTENTIONALLY OMITTED.

H. CONTRACTOR shall coordinate temporary pollution control work, as required by the CITY, with erosion control work specified elsewhere in the contract to ensure that effective and continuous pollution control is maintained during the construction of the project.

I. CONTRACTOR shall conduct operations to minimize the effects of erosion and air pollution due to CONTRACTOR's operations upon areas within the limits of the project, haul roads, material sites, disposal sites, and upon adjacent properties, streams, and other bodies of water.

J. Mixing of the dust palliative material shall be accomplished by simultaneously placing the binder and water in the spreading equipment or by other mixing methods that will produce equivalent results.

1. The resulting mixture shall be applied with pressure type water distributor trucks equipped with a spray system, or pressure type asphalt distributors conforming to Subsection 405.03.01, "Equipment."

2. The mixture shall be applied at a total rate of approximately 1/2 gallon per square yard in 2 applications of 1/4 gallon per square yard. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 POLLUTION CONTROL 350 BAIC ROAD SEWER RELOCATION BID DOCUMENTS

637-3 3. INTENTIONALLY OMITTED.

637.03.02 DUST CONTROL

A. Any contracts between the CONTRACTOR and applicable subcontractors shall provide a monetary allowance for any dust control options specified in either the Dust Control Permit or, if applicable, the Dust Mitigation Plan.

B. Throughout the project area and for the duration of the project, all disturbed soil shall be maintained to minimize wind erosion and particulate emissions. Best available control measures (BACM) are required 24 hours a day, 7 days a week, whether or not there is current construction activity on site. When any part of the project area is inactive for a period of 30 days or longer, long-term stabilization shall be implemented within 10 days following the cessation of active operations in that area. As permit holder, the CONTRACTOR shall notify DAQ in writing within 10 days following the cessation of active operations on all or a part of the project area.

C. CONTRACTOR’s superintendent or other designated on-site representative shall be required to have successfully completed a DAQ Dust Control Class. All water truck drivers and water pull drivers on the project shall be required to have successfully completed a DAQ Dust Control Class.

D. As permit holder, CONTRACTOR shall keep records of construction site self-inspections for the project duration in accordance with Section 94.7.8.1.

637.03.03 STORM WATER POLLUTION CONTROL

A. CONTRACTOR shall perform work to not discharge polluted storm water runoff into the waters of the United States, including municipal separate storm sewer systems (MS4s) in violation of the laws, rules, and regulations of all federal, state, and local water pollution requirements.

B. CONTRACTOR shall:

1. Adhere to all federal regulations under 40 CFR 122.26(b)(14);

2. Comply with the provisions of Nevada Revised Statutes, Chapter 445A: Water Pollution Control;

3. Obtain all information and forms pertaining to Nevada’s Storm Water Permitting Program on the following website: http://ndep.nv.gov/bwpc/storm01.htm.

C. The federal, state, and local regulations identified above are hereby incorporated by reference as preconditions of this contract. CONTRACTOR shall familiarize itself with these regulations and practices, and is advised that prior to engaging in any construction activities, shall submit a Notice of Intent (NOI) to the Nevada Division of Environmental Protection. A Storm Water Pollution Prevention Plan (SWPPP) shall be completed prior to submission of the NOI, and shall remain on the project site and be updated as necessary for the duration of the project. As applicant, CONTRACTOR is responsible for ensuring that all contractors, subcontractors, and all other persons abide by the conditions of the permit. As applicant, CONTRACTOR is further responsible for supplying complete copies of the NOI and SWPPP to all project subcontractors.

CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 POLLUTION CONTROL 350 BAIC ROAD SEWER RELOCATION BID DOCUMENTS

637-4 D. Any contracts between the CONTRACTOR and applicable subcontractors shall provide a monetary allowance for any storm water pollution control BMPs specified in the SWPPP.

E. CONTRACTOR shall cause to have in place a qualified person with full authority to ensure that storm water control measures are implemented, including inspections, record keeping, deployment of resources, and shut-down or modification of construction activities as needed. All aspects of the SWPPP shall be addressed including filing of inspection reports, completion of activity cards, and auditing.

F. Throughout the project area and the duration of the project, all BMPs must be maintained to minimize erosion and prevent discharge of pollutants from the site. BMPs are required 24 hours a day, 7 days a week, whether or not there is construction activity on site.

G. As permit holder, the CONTRACTOR shall keep records of construction site inspections for up to 3 years after completion of the work.

H. NDEP will only accept the new Notice of Intent (NOI) “Section 8 – Certification” for an application of coverage under the Stormwater permit for Construction activities. Access to the application (Stormwater NOI) can be obtained through the NDEP web site at: http://www.ndep.nv.gov/bwpc/constructionnoi/signin.aspx

I. Nevada Division of Environmental Protection, Bureau of Water Pollution Control, has issued general permit NVR100000 that covers construction activities within the state of Nevada. To be covered by the permit, CONTRACTOR shall submit, at no extra cost to CITY, a Notice of Intent (NOI) with a Stormwater Pollution Prevention Plan (SWPPP) and the required filing fee. Also pay annual fees as applicable. File Notice of Termination (NOT) and obtain final permit closeout prior to final completion. Further information and copies of the required (NOI) and Notice of Termination (NOT) may be obtained on the Internet at http://www.ndep.nv.gov/bwpc/storm_cont03.htm.

J. As part of the project closeout process, areas that are disturbed by CONTRACTOR, his employees, subcontractors, or suppliers that are within or outside of the project limits shall be restored to comply with Federal Regulations regarding Final Stabilization. CONTRACTOR shall obtain a Notice of Termination (NOT) from the NDEP and forward a copy of that Notice to the CITY. Final Stabilization is defined within the NOT and can be found at http://www.ndep.nv.gov/bwpc/docs/not_form09.pdf. CONTRACTOR shall be responsible for documenting the condition of the project site before construction. No additional compensation shall be provided for this work.

K. Copies of the SWPPP and the NOI shall be available on the job site throughout the duration of the project.

L. Submit NOT and certification of permit closeout to City.

METHOD OF MEASUREMENT

637.04.01 MEASUREMENT

A. The quantity of Dust Control and all associated dust mitigation activities for dust control activities specified herein and required to satisfy the requirements of Construction Activities Dust Control Handbook will be measured per single pollution control lump sum. CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 POLLUTION CONTROL 350 BAIC ROAD SEWER RELOCATION BID DOCUMENTS

637-5 B. The Stormwater Discharge Permit and all associated SWPPP activities specified herein and required to satisfy the requirements of permit will be measured per single pollution control lump sum.

C. Work and fees associated with discharge under the NDEP’s NPDES Deminimus General Permit (NVG201000) will not be measured separately for payment and shall be included with the work item for which the discharge is needed.

BASIS OF PAYMENT

637.05.01 PAYMENT

A. The accepted quantity of Pollution Control to include both Dust Control and “SWPPP Permit”, will be paid for at the Contract unit price bid per lump sum for the project, and shall include all weekends, holidays, and non-working days encountered during the duration of the Contract, including any days required for completion of corrective punch list items.

1. The payment for Dust Control shall be included with the payment for Pollution Control and shall be for full compensation for all work required to comply with Construction Activities Dust Control Handbook requirements, including but not limited to permit fees, plan preparation, required signage, monies paid to Subcontractors, provision of dust control monitor(s), application of dust palliative if necessary, shut-down expenses caused by violations of this regulation, monetary penalties or sanctions resulting from violations of this regulation, record keeping, training, long-term stabilization due to cessations of the work more than 30 days, and all labor, equipment, and materials required to employ Best Available Control Measures as set forth in the Construction Activities Dust Control Handbook to prevent particulate matter from becoming airborne.

2. The payment for Pollution Control shall include full compensation for obtaining and complying with the NPDES Stormwater Discharge Permit, dust control, and shall include all labor, materials, and equipment necessary to carry out the Storm Water Pollution Prevention Plan (SWPPP) for the entire duration of the project as required by the permit. Payments shall be determined by dividing the lump sum bid by the Contract duration in days, using the initial Contract duration. When additional Contract time is added by change order or as directed by the ENGINEER, the remaining unpaid portion of the lump sum bid amount shall be divided evenly over the remaining Contract time by recalculating the prorated payment.

B. All payments will be made in accordance with Subsection 109.02, "Scope of Payment."

Payment will be made under:

Pay Item Pay Unit

637.01 Pollution Control Lump Sum

END OF SECTION 637 CITY OF HENDERSON OCTOBER 2018 CONTRACT NO. PCOH 2018-00-1421 POLLUTION CONTROL 350 BAIC ROAD SEWER RELOCATION BID DOCUMENTS

637-6