project manual for kellogg park: water line installation · 2014-06-11 · project manual for...

PROJECT MANUAL

FOR KELLOGG PARK: WATER LINE

INSTALLATION

@ Squaw Valley Road and Bridger Street Bid Set

June 04, 2014

PROJECT # PWP -NY-2014-277

OWNER Town of Pahrump

400 North Highway 160, Pahrump, NV 89060

ARCHITECT AND OWNER’S PROJECT REPRESENTATIVE Gary Guy Wilson AIA, pc Architects

4945 W. Patrick Lane, Las Vegas, NV 89113 O: 702.534.1822 F: 702.534.1818 Architects Project No. 14971319.01

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TABLE OF CONTENTS (CONTINUED) BIDDING AND CONTRACTING REQUIREMENTS

BIDDING REQUIREMENTS Document 00 01 15 List of Drawings Document 00 11 13 Advertisement for Bids Document 00 21 13 Instructions to Bidders Document 00 41 00 Bid Form Document 00 43 15 Bid Bond Document 00 43 30 Information Required of Bidder Document 00 43 32 Material/Equipment Suppliers List Document 00 43 36 List of Subcontractors Document 00 45 47 Bid preference CONTRACTING REQUIREMENTS Document 00 52 00 Agreement Forms Document 00 61 14 Performance Bond Document 00 61 15 Labor and Material Payment Bond Document 00 72 00 General Conditions DIVISION 01 - GENERAL REQUIREMENTS 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 26 00 Contract Modification Procedures 01 26 13 Requests for Interpretation (RFI) 01 29 76 Applications for Payment 01 31 13 Project Coordination 01 31 19 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Photographic Documentation 01 33 00 Submittal Procedures 01 42 13 Abbreviations and Acronyms 01 42 16 Definitions 01 42 19 Reference Standards 01 45 00 Quality Control 01 45 29 Testing Laboratory Services 01 51 00 Temporary Utilities 01 55 00 Vehicular Access and Parking 01 55 26 Traffic Control 01 57 00 Temporary Controls 01 58 13 Temporary Project Signage

Kellogg Park Water line Installation June, 2014 Project No.: 14971319.01 TABLE OF CONTENTS 1 of 1

TABLE OF CONTENTS (CONTINUED) 01 60 00 Product Requirements 01 71 23 Field Engineering 01 71 33 Protection of Adjacent Construction 01 73 29 Cutting and Patching 01 74 00 Cleaning and Waste Management 01 76 00 Protecting Installed Construction 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 36 Product Warranties and Bonds 01 78 39 Project Record Documents Pages Z-1 thru Z-10 Approved Zoning Review Application Package TECHNICAL SPECIFICATIONS: Are found within construction drawings identified for this project. Architectural A0.0 – Cover Sheet A1.1 – Index / General Notes Civil C1 – Cover Sheet C2 – General Notes C3 – Utility Plan C4 – Details Sheet

Kellogg Park Water line Installation June, 2014 Project No.: 14971319.01 TABLE OF CONTENTS 1 of 1

DIVISION 00 – BIDDING REQUIREMENTS

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 DIVISION 00 – BIDDING REQUIREMENTS 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

SHEET NO. DESCRIPTION

A0.0 COVER SHEET

A1.0 INDEX/GENERAL NOTES

C1 CIVIL COVER SHEET

C2 CIVIL NOTES

C3 UTILITY PLAN

C4 DETAILS SHEET

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 LIST OF DRAWINGS 00 01 15-1

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS

Sealed proposals from qualified bidders for work described herein will be received by the Town Council, Town of Pahrump. Bids shall be delivered to the TOWN OF PAHRUMP OFFICES, 400 NORTH HIGHWAY 160, PAHRUMP, NEVADA 89060, until 1:00 pm on June 27, 2014 where the proposals will be opened and publicly acknowledged at that time, at the above address for:

CONTRACT NO. 2014-04 PWP-NY-2014-277

KELLOGG PARK; WATER LINE INSTALLATION Location and Description of Work: The future Park is located at the south east corner of the intersection of Squaw Valley Road and Bridger Street in the Town of Pahrump, Nevada. The Work consists of the installation of a new six inch C900 water line and fire hydrant at the above parcel. The water line will be stubbed at the southwest corner of the site near an existing well and continue north on-site approximately 700 lineal feet. The water line will then branch to the east with three additional laterals to the north. Total lineal feet is approximately 2,500 feet. All laterals will be stubbed at each end except the northwest line which will receive a new fire hydrant. Water lines to be installed in locations as indicated on the drawings. Estimated Cost: $100,000 Proposal Submittal and Bid Security: Bids must be submitted on the forms furnished by the Town and accompanied by a bid bond, certified check, cashier’s check, or money order in the amount of 5% (five percent) of the total amount of the bid, made payable to the Town of Pahrump. All bids shall be submitted in a sealed envelope plainly marked as specified In the Instructions to Bidders, with the name and address of the bidder in the upper left hand corner, accompanied by completed Bidding Documents for the items offered, and delivered to:

Attention: Terry Bostwick TOWN OF PAHRUMP

400 North Highway 160 Pahrump, NV 89060

Drawings and Project Manuals: Perspective Bidders may obtain one complete set of Bidding Documents consisting of 1 Project Manuals and 1 set of Drawings for the nonrefundable cost of $75.00 (check or money order only payable to Town of Pahrump, no cash accepted). Bidders may obtain additional Project Manuals and additional sets of Drawings for the nonrefundable cost of $20.00 for each set of Drawings and $25.00 for each Project Manual. Electronic copies emailed in PDF format can be obtained at no cost from the Architect. Any requests for electronic copies should be directed to Mark Labaj at Gary Guy Wilson, AIA, pc Architects at (702)-543-7888 x826 or [email protected]. All documents pertinent to this Advertisement for Bids are also on file and available for office examination at the Town of Pahrump offices at the address noted above. Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 ADVERTISEMENT FOR BIDS 00 11 13-1

All questions regarding this project shall be directed to: Mark V. Martino, AIA, at Gary Guy Wilson, AIA, pc Architects, at (702) 534-1822 or [email protected]. In making copies of Bidding Documents available, OWNER does so only for the purposes of obtaining bids on the work and does not confer a license or grant for any other use. Bids will be opened, read, and evaluated in accordance with Document 00 21 13, Instructions to Bidders. No Bid may be withdrawn except as outlined in Document 00 21 13, Article 16, Modification and Withdrawal of Bids. Abstract of the amount of the Base Bids as submitted along with major alternatives (if any) will be made available to Bidders upon written request, within 3 working days after opening of the bids. The successful Bidder will be required to furnish a Payment Bond in the amount of not less than 100 percent of the Contract price and a Performance Bond in the amount of not less than 100 percent of the Contract price. Bids will be evaluated as prescribed in NRS 338.147. If made, the Award will be made to the lowest responsive and responsible Bidder based on the lowest total cost to the Town, conformance to specifications, the Bidder’s qualifications, and the bid judged to be in the best interest of the public overall, each factor being considered. The Town of Pahrump reserves the right to reject any or all bids. PUBLISHED IN: Pahrump Valley Times – June 11, 13, 18, 2014 Las Vegas Review Journal – June 14-15, 2014 END OF DOCUMENT

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 ADVERTISEMENT FOR BIDS 00 11 13-2

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

BID NO. KELLOGG PARK WATER LINE INSTALLATION

1. PROJECT SCOPE OF WORK

The "Project" of which the "Work" of the Contract is a part titled Kellogg Park Water Line Installation and is located at APN: 045-191-15 at the intersection of Squaw Valley Road and Bridger Street, Pahrump, Nevada. The "Work" is described in the Project Drawings and Division 1 of the Project Manual. The Work consists of trenching and installing approximately 2,500 lineal feet of 6” water line that will eventually connect to a future well. The water line has three branches, two are stubbed and capped off and one terminates at a new fire hydrant.

2. PROJECT LOCATION

APN: 045-191-15, Squaw Valley Road and Bridger Street, Pahrump, Nevada 3. DESIGNATED CONTACTS

DESIGNATED CONTACTS FOR QUESTIONS

ENTITY/COMPANY CONTACT NAME

WORK REFERENCE #

TELEPHONE NUMBER

FAX NUMBER

Arrangements for site visit

Town of Pahrump Manager Buildings & Grounds

Matt Luis mluis@ pahrumpnv.org

2014-04 (775) 727-1862 (775) 751-4669

Invitation to Bid, Bonds, insurance requirements (Purchasinq Analvst)

Gary Guy Wilson, AIA, pc, Architects

2014-04 (702) 534-7888 (702) 534-1818

Special provisions, technical specifications or drawings (Consulting Architect)

Gary Guy Wilson, AIA, pc, Architects

Mark V. Martino mvm@ggwarchilects. com

14971319.01

(702) 534-1822 (702) 534-1818

Building Permits and Fees Town of Pahrump

Town of Pahrump Buildinq Department

2014-04 (775) 727-5107 (775) 727-0345

Sewer connection fees N / A

Management of construction project after award (Construction Manager)

Mark M. Labaj [email protected]

14971319.01

(702) 534-1826 (702) 534-1818

4. CONTACT WITH OWNER DURING BIDDING PROCESS

Communication between a Bidder and a member of the Pahrump Town Board or between a Bidder and a non-designated Owner contact, regarding this Bid is prohibited from the time the Bid is advertised until the time it is posted on an agenda for award of the contract. Questions pertaining to this Invitation to Bid shall be addressed to the designated contact(s) specified above. Failure of a Bidder, or any of its representatives, to comply with this paragraph may result in its Bid being

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 INSTRUCTIONS TO BIDDERS 00 21 13-1

mailto:[email protected]






rejected by the Town Board. 5. MANDATORY PREBID CONFERENCE & PRE AWARD SITE WALK THROUGH

Not required. 6. DEFINITIONS

Architect: Owner's representative or other person designated by the Governing Body, acting directly or through their duly authorized representative. Addendum : A written document issued by the Owner, via the Architect, prior to the submission of Bids which modifies or clarifies the Bid Documents by additions, deletions, clarifications, and/or corrections . 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 Bid Documents. The unit price (s) quoted shall remain firm throughout the contract term. Funding for the item(s) is provided in the Bid Form under the description of "Construction Conflicts and Additional Work," or shall be funded through the issuance of a formal change order as described herein. Bidder must quote all item(s) to be responsive and considered for award. Additive Alternate 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 Bid Documents, is accepted by Owner. Additive Alternate Items may be exercised by the Owner with the award of the project, in sequential order only subject to the availability of funds. Bidder must quote all items to be responsive and considered for award. Authorized Representative: A person designated by the Governing Body to be responsible for the development and award of the Contract for the public work. Bidder(s): A Prime Contractor who submits a Bid to the Owner for a project. Bid Form(s): The Bid Form pages, Bid Security, and any attachments Bid Option 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 Bid Documents, is accepted by Owner. Bid Option Items may be exercised by the Owner with the award of the project, in sequential order only subject to the availability of funds. Bidder must quote all items to be responsive and considered for award. Bid Documents: Include but are not limited to, the Invitation to Bid, Instructions to Bidders, General Conditions, Special Conditions, Contract Requirements and Forms, Bid Forms/Attachments, Exhibits, Specifications/Special Provisions and Drawings, and any Addenda issued prior to the date designated for receipt of Bids, as applicable. Consulting Architect/Engineer: A licensed and registered professional contracted by the Owner to design the project's special provisions and drawings. Consulting Construction Manager: The Construction Management firm contracted by the Owner to manage the construction of the project. Consulting Engineer: A professional engineering firm contracted by the Owner to design the project's specifications, special provisions and drawings. Contract: Contract documents include the Bid Documents, Contractor's Bid Form, all Addenda,


Contractor's Bonds and Insurance, Subcontractor Notification letters and Notice of Award. Contractor: The person or entity identified as such in the Contract and is referred to throughout the Contract documents as Contractor or successful Bidder. Contractor shall mean the Prime Contractor or its authorized representative as defined by Nevada Revised Statute 616A.285 Engineer: Owner's representative or other person designated by the Governing Body, acting directly or through their duly authorized representative. Governing Body: Used throughout these documents will mean the Clark County Board of Commissioners. Lot: A separate portion of work as defined in Bid Document as identified in the Special Provisions and Drawings. Each Lot may require separate bonds and insurance documents. The Contractor may bid any single Lot or multiple Lots with a single Bid security as specified within the Instructions to Bidders. Owner: The term used throughout these documents will mean County of Clark, Las Vegas, Nevada. Plan holders Prospective Bidder(s) who have purchased the specifications and drawings for a project. Subcontractor/Independent Contractor: Any individual, agent, firm, sole proprietor, or corporation to whom the Prime Contractor subcontracts any part of the project. There is no contractual relationship between the Owner and the above-mentioned Subcontractor who perform work or services for the Prime Contractor. Successful Bidder: Bidder who is the lowest responsive, responsible and/or best bidder, to whom the Governing Body or the authorized representative has authorized the award of the contract. Traffic Engineer: The Traffic Manager from the Traffic Management Division as designated by the Director of Public Works acting directly or through their duly authorized representative.

7. BIDDER'S REPRESENTATION

A. Each Bidder by submitting their Bid represents that:

1. Bidder has read and understands the Bid Documents and asserts that its Bid is made in accordance therewith and shall be considered a firm offer for a period of 120 calendar days following the opening of bids. The Bidder's offer may expire at the end of the 120 calendar day's period.

2. Bidder has visited the project site and is familiar with the local conditions under which the work

is to be performed.

3. 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.

B. Nevada State Contractors' Board Licensing

1. Bidders for this work must be qualified and properly licensed to perform the particular work pursuant to the provisions of the Nevada Revised Statutes Chapter 624. Failure to comply shall result in rejection of the Bidder. Nevada Contractor's License number and dollar limit must be indicated on the Bid Form page. Should there be a protest regarding the applicability of the low Bidder's Contractor's license to the scope of the project, it shall be the low Bidder's


responsibility to obtain an opinion from the State Contractor's Board at its next meeting. Bidders are reminded that, per NRS 624.3015, bidding on a contract for work in excess of its limits or beyond the scope of its license is grounds for disciplinary action by the State Contractors Board.

2. The Bidder(s), and the successful Contractor(s), and their Subcontractor/Independent

Contractors shall comply with all provisions of Nevada Revised Statutes, Chapter 624, during the bidding phase and Nevada Administrative Code, Chapter 624, through completion of the project.

C. Journeyman and Master Electrician and Plumbing Examination Program

1. All electricians providing supervision of electrical work on this project are required to possess a valid Clark County Development Services card appropriate to the scope of work being performed. The categories are Master Electrician and Journeyman Electrician, which have passed the International Code Council (ICC) Contractor Examination Services testing at www2.ICCSAFE.orq or by calling 1-888-422-7233.

2. All plumbers providing supervision of the plumbing work on this project are required to

possess a valid Nye County Development Services card for the appropriate scope of work being performed. The categories are Master Plumber and Journeyman Plumber. Tests are administered by the Southern Nevada Board of Plumbing Examiners (SNBOPE) at www .NBOPE.org or by calling 1- 877-457-6482.

3. The general Contractor or specialty Contractor submitting a Bid to the Owner shall validate

that their employee(s) or their Subcontractor's employee(s) providing supervision for the scope performed maintain current valid cards throughout the term of this Contract. The Bidder(s) and subsequent awarded Contractor(s) agree to provide within twenty-four (24) hours of a request by the Owner, proof of current and valid cards for individuals planned or performing the supervision identified herein. Should any of these supervising employee's cards expire, that employee shall be replaced immediately with another qualified valid cardholder without any additional cost to the Owner.

4. Nye County staff including but not limited to, from Public Works and/or their contracted staff

will perform unscheduled site visits to validate that the workers performing the electrical and plumbing work are in compliance with these requirements. Employees found performing work without the proper proof of compliance (valid card) shall be immediately replaced as specified above without any additional cost or associated impacts to the Owner.

D. Addenda and Interpretations

1. If it becomes necessary to revise any part of this Bid, a written Addendum will be provided to all known Plan holders. Owner is not bound by any oral representations, clarifications or changes made to the written specifications by Owner's employees unless such clarification or change is provided to Plan holders in written Addendum form from the Purchasing and Contracts Division.

2. Bidders shall take no advantage of any apparent error or omission in the Bid Documents. In

the event the Bidders discover such an error or omission, they shall immediately notify the Owner. The Owner will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Bid Documents through the issuance of an Addendum.

3. Addenda shall be sent via email, certified mail or fax, and will be made available for pick up to all known Plan holders.

4. Copies of Bid Documents, including any Addenda, will be made available for inspection at the Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 INSTRUCTIONS TO BIDDERS 00 21 13-4

Purchasing and Contracts Division.

5. Bidders shall verify receipt of all addenda issued by Owner prior to submission of their Bid.

8. SUBMITTAL OF BID - REQUIRED DOCUMENTS The following documents, together, comprise a Bid: The Bid Form, all Stipulated Bid Attachments, and the Bid Security, shall be included in the envelope containing the bid. Omission of, or failure by a Bidder to complete any portion of the required documents, or fail to include them in the Bid envelope at the time of Bid Opening , may be cause to reject the Bid. A. Bid Form 1. Bidder shall complete and include all Bid Form pages, and all stipulated Bid Attachments, all of

which have a black bar on the right margin, as part of its Bid submittal. 2. Subcontractors/Independent Contractors Information

a). The Bidder shall be bound by and comply with Nevada Revised Statute 338.141 to limit the practice of shopping for Bids and shall provide within its Bid proposal, the name of each Subcontractor which will be paid an amount exceeding five percent (5%) of the total base Bid amount. Bidder must verify prior to submitting its Bid that all Subcontractors listed are properly licensed. A Bidder (Prime Contractor) shall include its name on the required list if it will perform any of the labor or portions of the public work. Within two (2) hours after the completion of the opening of Bids, the Bidders who submitted the three (3) lowest Bids must submit a list on the form provided, the name of each Subcontractor who will provide labor, or a portion of the work on the public work, to the Prime Contractor for which the Subcontractor will be paid an amount exceeding one percent (1%) of the Prime Contractor's total Bid or $50,000, whichever is greater, and the number of the license issued to the Subcontractor pursuant to Chapter 624 of Nevada Revised Statutes. Bidder must verify prior to submitting its list that all Subcontractors listed are properly licensed. A Bidder (Prime Contractor) shall include its name on the required list if it will perform any of the labor or portions of the public work.

(1). Projects UNDER $5,000,000

The Bidders shall list only those Subcontractors that will provide labor/improvements exceeding $50,000.00.

(2). Projects EXCEEDING $5,000,000.00

The Bidders shall list Subcontractors that will provide labor/improvements exceeding one percent (1%) of the Prime Contractor's total base bid amount, or $50,000.00, whichever is greater. Following are detailed delivery instructions for 1% Subcontractors List: *Note: Subject line of the e-mail must provide the Bid No., Project Description, and Name of Attachment

HAND DELIVERY: Town of Pahrump 400 North Highway 160 Pahrump, Nevada 89060

EMAIL DELIVERY: None available.


b). The list(s) required above must include a description of the labor or portion of the work which each Subcontractor named in the list will provide to the Bidder (Prime Contractor).and when the Bidder (Prime Contractor) will perform any of the labor or portions of the public work .

c). If a Prime Contractor does not submit the list(s) required above, its Bid may be deemed not

responsive. d). Owner 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 Owner. The Owner will not conduct any investigations regarding the Bidders' (Prime Contractor) relationships with Subcontractors.

e). Pursuant to NRS 338.13895 and 338.145, a Subcontractor who is named in the Bid for the

Contract as a Subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141, and is not properly licensed for that portion of the work shall be deemed unacceptable, and the contractor shall provide an acceptable Subcontractor.

f). Contractor shall not substitute any person for itself or a Subcontractor who is named on the

required list(s) except as provided pursuant to NRS 338.141. g). If a Contractor substitutes a Subcontractor for any Subcontractor who is named in the Bid

without complying with the provisions of NRS 338.141; the Contractor shall forfeit, as a penalty to the Owner, an amount equal to one percent (1%) of the total amount of the contract.

h.) If a Contractor indicated pursuant to NRS 338.141 that he or she would perform a portion of

work on the public work and, after the submission of the Bid, substitutes a Subcontractor to perform such work; the Contractor shall forfeit as a penalty to the Owner, the lesser of, and excluding any amount of the contract attributable to change orders the following:

(1). An amount equal to 2.5 percent of the total amount of the contract; or

(2). An amount equal to 35 percent of the estimate by the engineer of the cost of the work the contractor indicated pursuant to NRS 338.141 that he or she would perform on the public work.

i). Contractor agrees that it will assume responsibility for acts or omissions of its subcontractors and of persons either directly or indirectly employed by them, as they are responsible for the acts or omissions of persons directly employed by the Contractor. Nothing contained in the contract documents shall create any contractual relation between Subcontractor and the Owner. j). Per NRS 338.140 .1.d, the Contractor agrees to provide, upon the Owner'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 mediation or litigation.

3. Non-Discrimination and Fair Employment Practices

a). Discrimination:

The Board of County Commissioners is committed to promoting full and equal business opportunity for all persons doing business in Clark County. The SUCCESSFUL BIDDER acknowledges that COUNTY has an obligation to ensure that public funds are not used to subsidize private discrimination. SUCCESSFUL BIDDER recognizes that if the Contractor or


their Subcontractors are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other protected status; COUNTY may declare SUCCESSFUL BIDDER in breach of CONTRACT, terminate CONTRACT, and designate SUCCESSFUL BIDDER as non-responsible.

b). 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, age, disability, national origin, or any other protected status. Such agreement shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Contractor shall constitute a material breach of this Contract.

c). Minority and Disadvantaged Business and Individual Utilization Reporting:

Contractors shall compile monthly employment statistics 'reports that summarize the Contractors' work forces by gender, race, skilled trade, hours of utilization, and zip code of each workers' residence. The monthly reports shall also include a narrative on the effectiveness of the strategies implemented to achieve representative job placement of women and minorities. The monthly reports shall be submitted by the Prime Contractor to the Owner's Compliance Officer, along with the Contractor's monthly-certified payroll reports. The monthly reports shall be submitted in a manner that substantially meets the format and content of the form attached hereto as Monthly Employment Utilization Report (MEUR). As a part of the required contract close-out documentation , Contractor shall submit a Summary Report of Material Suppliers and Subcontractors listing the name of the Subcontractor, Bid item or work performed, the Business Enterprise Group (BEG), Ethnicity Status, and Value of the contracts. The monthly reports shall be submitted in a manner that substantially meets the format and content of the form attached hereto as Close-out Documentation Summary Report of Subcontractors.

d). The Bid form requests information regarding the Prime Contractor's, Subcontractor's, and

Material Supplier's Business Enterprise Groups (BEG) and Ethnicity Status. The Business Enterprise Categories are defined as follows:

(1). MINORITY OWNED BUSINESS ENTERPRISE (MBE):

An independent and continuing business for profit, which performs a commercially useful function and is at least 51 percent owned and controlled by one or more minority persons of African-American (AA), Hispanic American (HA), Asian-Pacific American (AX) or Native American (NA) ethnicity.

(2). WOMEN OWNED BUSINESS ENTERPRISE (WBE):

An independent and continuing business for profit, which performs a commercially useful function and is at least 51 percent owned and controlled by one or more women.

(3) PHYSICALLY-CHALLENGED BUSINESS ENTERPRISE (PBE):

An independent and continuing business for profit, which performs a commercially useful Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 INSTRUCTIONS TO BIDDERS 00 21 13-7

function and is at least 51 percent owned and controlled by one or more disabled individuals pursuant to the federal Americans with Disabilities Act.

(4) SMALL BUSINESS ENTERPRISE (SBE):

An independent and continuing business for profit which performs a commercially useful function, is not owned and controlled by individuals designated as minority, women, or physically-challenged, and where gross annual sales does not exceed $2,000,000.

(5) NEVADA BUSINESS ENTERPRISE (NBE):

Any Nevada business, which has the resources necessary to sufficiently perform identified County projects, and is owned or controlled by individuals that are not designated as socially or economically disadvantaged.

(6) BUSINESSES IN OTHER STATES - LARGE BUSINESS ENTERPRISE (LBE):

An independent and continuing business for profit that performs a commercially useful function and is not located in Nevada.

The information provided by the Bidder is for the Owner's information only, as requested by the Pahrump Town Board. If there are any questions regarding these business categories or their utilization, please contact Town of Pahrump at telephone number (775) 727-5107. 4. Bids submitted shall be on the forms provided by Owner. All figures must be written in ink or

typewritten. Figures written in pencil or erasures are not acceptable .Any interlineation or alteration must be initialed by a person authorized to bind the Bidder to a contract. If the person making said interlineation, alteration or erasure is not the same person who signs the Bid Form, such person must be authorized by the person who signs the Bid Form.

5. Construction Conflicts and Additional Work

$10,000 has been entered into the Bid Schedule on the Bid Form as "Construction Conflict and Additional Work." This work may consist of repairing, rebuilding, relocating, replacing, constructing or reconstruction which cannot be performed by extending Bid items and which are not shown on the plans, or not otherwise covered in the Technical Specifications. Contractor shall submit in writing a cost breakdown to include labor, materials required and time to complete to the Construction Manager for review with the architect. This work shall not be performed until the Contractor is instructed to proceed by the Construction Manager in writing. The Contractor and the Construction Management Inspector will keep strict account of all costs involved with this item of work.

6. Permits and Fees Bid Allowance The Contract contains a reimbursement allowance for payment of all the permits and fees. The Contractor is responsible for obtaining all permits and fees and shall provide proof of payment for each with its progress payment requests. These items shall be a direct pass through to the Owner with no added overhead or profit. Should the costs exceed the allowance amount, the Contractor shall notify the Construction Manager for issuance of a change order. Permits and fees paid through the issuance of a change order are not subject to the change order percentage for overhead and profit.


B. Bid Security 1. Each Bid shall be accompanied by a Bid security (in the form of, at Bidder's option, a Cashier's

Check, Certified Check, Money Order, or Bid Bond in favor of the Owner) in the amount of five percent (5%) of the base Bid amount, pledging that the Bidder will within seven (7) business days after Notice of Intent to Award , furnish the bonds and insurance as required herein, covering the faithful performance of the Contractor and the payment of all obligations arising hereunder. Bonds issued by a surety, who is an individual surety, are not acceptable to Clark County. Should the Bidder refuse to or fail to furnish such bonds and insurance, the amount of the Bid security may be forfeited to the Owner. All checks and money orders must indicate the Payee as Clark County Treasurer and reflect the complete Bid number.

2. Surety companies executing bonds must be licensed to issue surety by the State of Nevada

Insurance Division pursuant to Nevada Revised Statute Chapter 683A and bonds must be issued by an appointed producer of insurance pursuant to Nevada Revised Statute Chapter 683A.

3. If submitting a Bid Bond it shall be written on either a standard Bid Bond form or the enclosed

form (Bid Attachment 1), 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.

4. The Owner will have the right to retain the Bid security of Bidders to whom an award is being

considered until either (a) the bonds and insurance have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

5. Should this Bid contain Lots, the Bidder may choose to provide a Bid security in the form of a

Cashier's Check, Certified Check or Money Order, a separate check or Money Order for EACH LOT submitted. If the Bidder elects to provide a Bid security in the form of a Bid Bond, it may be issued for five percent (5%) of the aggregate amount of all Lots submitted.

9. SUBMISSION OF BIDS

All bids must be submitted in a sealed envelope plainly marked with the name and address of the Bidder, the Bid Number, and the Project Title in the upper left-hand corner. No responsibility will attach to the Owner, 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 The following are detailed delivery instructions for bids:

HAND DELIVERY U.S.MAIL DELIVERY EXPRESS DELIVERY Town of Pahrump 400 North Highway 160 Las Vegas, Nevada 89106

Town of Pahrump 400 North Highway 160 Las Vegas, Nevada 89106

Town of Pahrump 400 North Highway 160 Las Vegas, Nevada 89106

Regardless of the method used for delivery, the Bidder shall be wholly responsible for the timely delivery of its bid. FAXED OR ELECTRONICALLY SUBMITTED BIDS ARE NOT ALLOWED AND WILL NOT BE CONSIDERED. Bids are time-stamped upon receipt. Bids submitted must be time-stamped no later than 1:00 p.m. on the bid opening date. Bids time-stamped after 1:00 p.m., based on the time clock at the Town of Pahrump front desk will be recorded as late, remain unopened and be formally rejected. Bidders and other interested parties are invited to attend the bid opening.

10. WITHDRAWAL OF BID Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 INSTRUCTIONS TO BIDDERS 00 21 13-9

A. Before Bid Opening:

Bidders may request withdrawal of a submitted, sealed bid prior to the scheduled bid opening time provided the request for withdrawal is submitted in writing to the Purchasing Analyst.

B. After Bid Opening:

The Owner may allow a Bidder intended for award to withdraw its bid during the firm offer period due to a mistake of fact on the part of the Bidder or its employee(s) in preparing its bid. Such Bidder, upon discovery of the mistake, must immediately notify the Owner in writing of such mistake. The notice to the Owner must include: (1) a request to withdraw its bid, (2) a detailed description of the exact nature of the mistake. (3) an explanation of exactly how and why the mistake occurred , (4) and an explanation of the corrective action that was , or will be implemented by the Bidder to eliminate the possibility of future mistakes . If the above requested information is not adequately provided to the Owner's satisfaction .the Bidder shall be prepared to meet with the Owner within 24 hours of notification by the Owner to further review the Bidder's request for withdrawal of its bid. In any case of a withdrawal, Owner may require that Bidder forfeit is bid security to the Owner.

11. 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. Bids must be identical in all evaluation areas; e.g., price, quality, delivery, terms, and ability to supply, etc. If any of these areas are not identical, it is not considered a tie-bid, and Owner 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 in the Instructions to Bidders. 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.

12. EVALUATION OF BIDS AND AWARD

A. Line Item Total Prices/Evaluation

The Bidder shall quote a total price for each line item; low bid will be defined as the lowest sum of these total prices. Mathematical errors in the line item Bid Schedule shall be corrected by Owner. For purposes of progress payments and change orders, the Owner will divide the item total by the estimated quantity contained in the Bid Form to arrive at a unit price (rounded down to the nearest cent). If there is no cost for a line item, the Bidder will enter a "O" or write the words "NO COST." A Bidder who fails to quote a total price for each line item or modifies/changes any elements within its Bid Form may be deemed non-responsive and their bid rejected.

B. Intent to Award

The Owner will issue a formal letter of Intent to Award to the low responsive responsible and/or best Bidder. The Bidder shall utilize this letter to obtain the bonds required by NRS 339.025. This statute requires that before any Public Works contract is awarded and becomes binding, the Contractor shall furnish bonds and insurance.

C. Award Determination

All responsive and responsible bids received are considered firm offers for 90 calendar days after the date of bid opening and may be considered for award. Award shall be made to the


lowest responsive, responsible and/or best bidder, based upon the Total Bid Amount. Bidders must quote all items and agree to provide the bonds and insurance specified herein to be responsive and considered for award. The determination of award may involve all or some of the following factors: price; bidder preference, if applicable; conformity to specifications; financial ability to meet the contract; previous performance; facilities and equipment; experience; and other objective and accountable factors which are reasonable and in accordance with the requirements of the Nevada Revised Statutes. Rejection of bid(s) may be recommended to the Governing Body for any of (but not limited to) the following causes: 1. Failure to use the Bid Form(s) furnished by the Owner. 2. Lack of signature by an authorized representative on the Bid Form(s). 3. Failure to properly complete the Bid Form(s). 4. Evidence of collusion among Bidders. 5. Omission of Bid Security, in an acceptable form. 6. Unauthorized alteration of Bid Form(s). 7. Failure to fill out the Disclosure of Ownership/Principals form. 8. Failure to fill out the Monthly Employment Utilization Reports. 9. Failure to fill out the required AB144 reports. Owner reserves the right to waive any minor informality or irregularity.

D. Disclosure of Ownership/Principals

Any bidder recommended for award of a contract by the Board of County Commissioners is required to provide the information on the attached "Disclosure of Ownership/Principals" form. The form must be submitted to the Owner within 24 hours after request. Failure to fill out the subject form by the Bidder shall be cause for rejection of the bid.

E. Award of Contract This bid will not be awarded or considered entered into, until the Governing Body or its authorized representative has authorized the award and the Successful Bidder has properly executed and submitted the required proof of insurance, the required bonds, and any other required submittals. Upon receipt of these required documents, in acceptable form, the Contract is considered binding, and the Purchasing Manager or her designee will issue an Award Letter. The bid will then become a binding contract.

13. SCHEDULE OF VALUES By 12:00 Noon the next working day after the bid opening, the three (3) lowest Bidders for the Total Base Bid amount must submit a Schedule of Values on the attached form specified as Bid Attachment 4, of the various portions of the work, aggregating the base bid amount, shall be divided so as to facilitate payments in accordance with the contract documents. Each item in the Schedule of Values shall be identified with the Specification Section number that applies. Following are detailed delivery instructions for Schedule of Values: *Note: Subject line of the E-Mail must provide the Bid No., Project Description, and Name of Attachment


HAND DELIVERY: Town of Pahrump[ 400 North 160 Highway Pahrump, NV 89060

E-Mail DELIVERY:

14. BONDS AND INSURANCE REQUIREMENTS

The successful Bidder shall obtain the bonds and maintain through the contract term the insurance coverage required in Exhibit A, incorporated herein by this reference. The successful Bidder shall comply with the terms and conditions set forth in Exhibit A. The cost of the insurance coverage shall be included in the bid amount. Bidders are strongly urged to fax the bonds, insurance, and insurance certificate to their respective agents before the bid opening. The Successful Bidder must provide these within seven (7) business days from date of faxed letter of Intent to Award. Owner will assess the liquidated damages for submission of incorrect documents that are not corrected and returned by the seventh business day. A. Insurance and surety companies issuing certificates of insurance and bonds must be licensed

by the State of Nevada Insurance Division and certificates of insurance and bonds must be issued by an appointed producer of insurance pursuant to Nevada Revised Statute Chapter 683A.

B. The Successful Bidder shall provide all submittals requested in this section within seven (7)

business days. If the Successful Bidder does not provide the submittals on or before the seventh business day, or fails to keep the bonds or insurance policies in effect or allows them to lapse, the Successful Bidder will pay to the Owner the amount of per day as liquidated damages.

15. SOILS REPORT

Should a soils report concerning this project be provided, the document is not incorporated as part of the bid. It is provided for informational purposes only. This report and other records of subsurface investigations and test are provided only for inspection by Bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the Bidder, was obtained and is intended for the Owner's design and estimating purposes only. Bidder expressly waives any right to rely on such information for any purpose. Such information has been made available only for the convenience of all Bidders. It is further understood and agreed that each Bidder is solely responsible for all assumptions, deductions, or conclusions that it may make or obtain from any subsurface information obtained from any source.

16. PROTESTS

Any Bidder who bids on a contract may file a written protest regarding the awarding of contract with the Purchasing Analyst within five (5) business days after the recommendation to award a contract is issued by the Owner or authorized representative. The protest must include a written statement setting forth the specific reasons the Bidder submitting the protest believes the applicable provisions of the Jaw were violated. The Bidder filing the protest shall be required, at the lime the protest is filed, to post a bond with a good and solvent surety authorized to do business in this state, or submit other security, defined as a cashier’s check, money order or certified check, to the Owner who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with the protest must be in an amount equal to the lesser of:

A. 25% of the total value of the base bid submitted by the Bidder filing the protest; or


B. $250,000. The protest filed in accordance with these provisions operates as a stay of action in relation to the award of this contract until a determination is made by the Governing Body on the protest. An unsuccessful Bidder may not seek any type of judicial intervention until the Governing Body has made a determination on the protest and awarded the Contract. Neither the Governing Body nor the authorized representative is liable for any costs, expenses, attorney's fees, loss of income or other damages sustained by a Bidder, whether or not the person files the protest pursuant to this clause. If the protest is upheld, the bond posted or other security submitted with the protest must be returned to the Bidder who submitted the protest. If the protest is rejected a claim may be made against the bond or other security by the Owner in an amount equal to the expenses incurred by the Owner because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the Bidder who posted the bond or submitted the security.

17. REJECTION OF BID

The Governing Body reserves the right to waive any informality or irregularity in any bid received, to reject any and/or all bids, and to rebid.

18. FEDERAL, STATE. LOCAL LAWS

All Bidders, the successful Contractor , Subcontractors and any other person(s) who provides labor, equipment , materials, supplies or services for the public work , shall comply with the requirements of all applicable federal, state, and local laws relative to conducting business in Clark County including, without limitation, any applicable licensing requirements, labor and health laws, requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the public work, and including NRS 338 as amended, if applicable . The laws of the State of Nevada will govern as to the interpretation, validity, and effect of this bid, its award, and any contract entered into.

19. COLLUSION AND ADVANCE DISCLOSURES

Pursuant to 332.820 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 any information to any particular Bidder which gives that particular Bidder any advantage over any other interested Bidders, in advance of the bid opening, whether in response to advertising, or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void all bids received in response to that particular request for bids.

20. RESPONSIBILITY OF CONTRACTOR

A. It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent Contractor, and is not an agent, representative or employee of Owner and shall furnish such services in his own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and hold Owner harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries,


benefits, taxes, demands, and regulations of any nature whatsoever. B. Contractor shall be fully and solely responsible for safety and health conditions for conducting

all operations under this contract and at all times in such a manner as to avoid the risk of endangerment to health, bodily harm to persons, and damage to property. Contractor shall continually and diligently inspect all equipment, materials and work to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions Contractor shall furnish all safety equipment, supplies and instructions required for the work and enforce the proper use of such by its employees, agents, subcontractors and any and all sub-tier levels and suppliers. Contractor shall notify the Owner in writing of the name of their assign employee responsible for safety and health including a twenty-four hour telephone number prior to commencement of work. Contractor shall comply with all requirements of Nevada Revised Statute Chapter 618, Occupational Safety and Health, Nevada Administrative Code Chapter 618 and have established an active Safety Program in accordance therewith.

C. Contractor acknowledges that the Owner has an obligation to ensure that public funds are not

used to subsidize private discrimination. Contractor recognizes that if they or their subcontractors are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other protected status; the Owner may declare the Contractor in breach of the Contract, terminate the Contract, and designate the Contractor as non-responsible.

D. Contractor acknowledges that Contractor and any Subcontractors, agents or employees

employed by Contractor shall not, under any circumstances, be considered employees of the Owner, and that they shall not be entitled to any of the benefits or rights afforded employees of Owner, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. Owner will not provide or pay for any liability or medical insurance, retirement contributions or any other benefits for or on behalf of Contractor or any of its officers, employees or other agents.

E. The Contractor shall be responsible for the professional quality, technical accuracy, timely

completion, and coordination of all services furnished by the Contractor, their principals, officers, employees, agents, Subcontractors and suppliers required to complete this Contract. In performing the specified services, Contractor shall follow practices consistent with generally accepted professional and technical standards.

F. It shall be the duty of the Contractor to assure that all products of its effort are technically sound

and in conformance with all pertinent Federal, State and Local statutes , codes, ordinances, resolutions and other regulations. Contractor will not produce a work product that violates or infringes on any copyright or patent rights. The Contractor shall, without additional compensation, correct or revise any errors or omissions in its work products. Permitted or required approval by the Owner of any products or services furnished by Contractor shall not in any way relieve the Contractor of responsibility for the professional quality and technical accuracy and adequacy of its work. Owner's review, approval, acceptance, or payment for any of Contractor's services herein shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and Contractor shall be and remain liable in accordance with the terms of this Contract and applicable law for all damages to Owner caused by Contractor's performance or failures to perform under this Contract.

G. Contractor shall appoint a qualified employee who will manage the performance of services,

should this employee be unable to complete his or her responsibility for any reason, the Contractor will immediately replace him or her with a qualified person and inform the Owner in


writing. H. As built drawings and related specifications shall become and remain the property of the Owner.

Copies of the drawings and specifications retained by the Owner may be utilized only for its use and for occupying and maintaining the project for which they were prepared, and not for construction of any other project. A copy of all materials, information and documents. whether finished , unfinished, or draft, developed, prepared, completed, or acquired by Contractor during the performance of services for which it has been compensated under this Contract, shall be delivered to Owner's representative upon completion or termination of this Contract, whichever occurs first. Owner shall have the right to reproduce all non-copy write protected documentation supplied pursuant to this Contract.

I. The Contractor agrees that its officers, employees, Subcontractors and suppliers will cooperate

with the Owner in the performance of services under this Contract and will be available for consultation with Owner at such reasonable limes with advance notice as to not conflict with their other responsibilities.

J. The Contractor agrees to provide the information on the attached "Disclosure of

Ownership/Principals" form prior to any contract award by the Board of County Commissioners. K. The rights and remedies of the Owner provided for under this section are in addition to any

other rights and remedies provided by law or under other sections of this Contract.

21. RESPONSIBILITY OF OWNER A. The Owner agrees that its officers, employees, and contracted firms will cooperate with

Contractor in the performance of services under this Contract and will be available for consultation with Contractor at such reasonable times with advance notice as to not conflict with their other responsibilities and in accordance with the communication methodology defined by the Owner.

B. Owner's Departmental Responsibilities:

1. The Owner's Department of Finance, Purchasing and Contracts Division will administer the bid solicitation, pre-bid conference, issue addenda , bid opening, bid protest, evaluation, Nevada State Contractors Board license compliance, bonds and insurance, Notice of Award of contract, prevailing wage rate compliance , and obtainment of governing body approval of fully executed change order(s) , subcontractor substitutions, assignment of contractual rights, and any Notice to Remedy and Contract Termination. The Owner's departmental representative assigned to administer the contract with the design professional (Architect/Engineer) shall review and approve all documents prior to presenting them to the Purchasing and Contracts Division for advertising a notice to bid and prior to release of a formal addenda.

2. Upon the issuance of a written Notice of Award, the services performed by Contractor under

this Contract shall be subject to contract administration for compliance with the terms of this Contract by Owner's departmental representative assigned at the preconstruction meeting and/or as instructed in the written Notice to Proceed. Owner's departmental representative shall provide all contract administration including issuance of the written Notice to Proceed for commencement of work/services, substitutions ("or equal"), coordination with design professional and construction management firm, progress payment evaluation(s), invoice approval, payments and retainage , surety performance inquirers, negotiations and signature authority for change order(s), punch list(s), Notice of Substantial Completion, warranty inspections, corrective action notices, project conflicts, disputes, mediation demands. Additionally shall administer and coordinate the Owner's design professional, construction management firm or other Owner contracted firm(s). Owner's departmental representative


responsibilities under this Contract may be delegated to appropriate staff members or a third party firm, and shall notify the Contractor in writing before the effective date of each such delegation.

C. The review comments of Owner's representative may be reported in writing as needed to

Contractor. It is understood that Owner's representative's review and oral comments do not relieve Contractor from the responsibility for the timely completion, professional quality and technical accuracy of all work delivered under this Contract unless modified through a formal written change order(s) approved by the governing body.

D. Clark County staff (including but not limited to those) from Development Services, Real Property

Management , Public Works and/or their contracted staff will perform unscheduled site visits to validate that the workers performing the electrical and plumbing work are in compliance with requirements of the Building Administrative Code, Chapter 22 .2.

END OF SECTION


SECTION 00 41 00

BID FORM PROJECT IDENTIFICATION:

TOWN OF PAHRUMP KELLOGG PARK: WATER LINE INSTALLATION

CONTRACT NO. 2014-04 THIS BID IS SUBMITTED TO:

Attention: Terry Bostwick TOWN OF PAHRUMP 400 North Highway 160 Pahrump, NV 89060

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date _____________ _____________ _____________ _____________ _____________ _____________

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions, if any, at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 BID FORM 00 41 00-1

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given the ARCHITECT written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the ARCHITECT is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the Lump Sum Price listed below.

Lump Sum Price:

$ ($ ). (Use Words) (Figures)

ITEM NO. ITEM DESCRIPTION LUMP SUM

1. KELLOGG PARK WATER LINE(S) INSTALLATION, AS SPECIFIED $ 2. CONSTRUCTION CONFLICTS AND ADDITIONAL WORK ALLOWANCE $ 5,000.00

TOTAL BID AMOUNT $


6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 7.01 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 8.01 The following documents are attached to and made a condition of this Bid:

A. A tabulation of Subcontractors, Suppliers, and other individuals and entities required to be identified in this Bid;

B. Required bidder qualifications statement with supporting data; and

9.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on , 20 . State Contractor License No. . If Bidder is: An Individual Name (typed or printed): By: (Individual’s signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: A Corporation Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 BID FORM 00 41 00-3

Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Attest (Signature of Corporate Secretary) Business address: Phone No.: FAX No.: Date of Qualification to do business is A Joint Venture Joint Venturer Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venturer Name: By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint Venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) END OF DOCUMENT


DOCUMENT 00 43 15

BID BOND IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST BE LICENSED TO ISSUE SURETY BY THE

STATE OF NEVADA INSURANCE DIVISION PURSUANT TO NEVADA REVISED STATUTE 683A AND ISSUED BY AN APPOINTED PRODUCER OF INSURANCE PURSUANT TO NEVADA REVISED STATUTE 683A. INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE.

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, as Principal Contractor and _ as Surety, are hereby held and firmly bound unto TOWN OF PAHRUMP, NYE COUNTY , NEVADA as OWNER in the penal sum of five (5) percent of the base bid amount for the payment of which well and truly to be made, were hereby jointly and severally bind ourselves, successors and assigns . Signed this day of, 20 . The condition of the above obligation is such that whereas the Principal has submitted to TOWN OF PAHRUMP, NYE COUNTY , NEVADA a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for BID NO. 2014-04, KELLOGG PARK: WATER LINE INSTALLATION. NOW, THEREFORE,

a) If said BID shall be rejected; or

b) If said BID shall be accepted and the Principal 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 being 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 Surely and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal 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 above. Bond must be acceptable to TOWN OF PAHRUMP. (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

Surety:

(Principal Contractor) (State of Nevada, License Number)

(Authorized Representative and Title) (Appointed Agent Name) By: By: (Signature) (Signature)

Address: Telephone:

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 BID ATTACHMENT 1 00 43 15-1

DOCUMENT 00 43 30

INFORMATION REQUIRED OF BIDDER The Bidder shall furnish the following information. Failure to comply with this requirement will render this Bid informal and may cause its rejection. Additional sheets shall be attached as required. 1. NAME OF FIRM:

2. ADDRESS:

3. TELEPHONE NUMBER:

4. NAMES AND TITLES OF ALL OFFICERS OF FIRM:

5. NEVADA STATE CONTRACTOR'S LICENSE NO.:

CLASSIFICATION: ___________ MONETARY LIMIT:

6. STATE INDUSTRIAL INSURANCE POLICY NO.:

7. INSURANCE CARRIER:

8. SURETY COMPANY FOR PERFORMANCE AND PAYMENT BONDS:

9. NUMBER OF YEARS AS A CONTRACTOR IN CONSTRUCTION WORK OF THIS TYPE:

10. NAME OF PERSON WHO INSPECTED SITE OF PROPOSED WORK FOR YOUR FIRM:

NAME:

DATE OF INSPECTION:

END OF DOCUMENT

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 INFORMATION REQUIRED OF BIDDER 00 43 30-1

DOCUMENT 00 43 32 MATERIAL/EQUIPMENT SUPPLIERS LIST The Bidder shall specify opposite each item of material or equipment listed below the name of both the manufacturer and the supplier of the material or equipment to be furnished under this Bid. Awarding of a Contract under this Bid will not imply approval of the suppliers or manufacturers listed below. No substitution will be permitted after an award of Contract unless approved by the Owner and the Engineer.

MATERIAL/EQUIPMENT MANUFACTURER* SUPPLIER*

* The Bidder's name, the statement "as per specifications," or other such terminology that does not specifically name both the manufacturer and the supplier of the equipment or material intended to be supplied by the Bidder shall not be listed under the columns headed "Manufacturer" and "Supplier." END OF DOCUMENT

Kellogg Park Water Line Installation June, 2014 Project No.: Xxx MATERIAL/EQUIPMENT SUPPLIERS LIST 00 43 32-1

DOCUMENT 00 43 36

LIST OF SUBCONTRACTORS

ARTICLE 1 – SUBCONTRACTORS EXCEEDING 5% OF BID TOTAL. THE BIDDER SHALL SUBMIT THIS FORM, DOCUMENT 00 43 36, TO THE TOWN OF PAHRUMP WITH BIDDER'S BID PROPOSAL. In compliance with the laws of the State of Nevada including NRS 338.141, the following listed Subcontractors will provide labor or a portion of the work or improvement to CONTRACTOR, for which Subcontractor will be paid an amount exceeding 5 percent of CONTRACTOR's total bid. If no Subcontractors are to be employed, the word "NONE" shall be placed in the appropriate space. The listing of more than one Subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. NOTE: PURSUANT TO NRS 338.141 EVERY FIRST TIER SUBCONTRACTOR LISTED ON THE 5% LIST MUST ALSO BE LISTED ON THE 1% FIRST TIER SUBCONTRACTOR LIST. Pursuant to NRS 338.141(5) the Contractor shall not substitute a Subcontractor for a Subcontractor who is named in this bid unless the conditions of NRS 338.141(5) are met.

Work to be Performed

State License No. and Class

Percent of Total

Contract

Subcontractor’s Name, Address, and Contact

Person 1.

2.

3.

4.

5.

6.

7.

8.

Kellogg Park Water Line Installation June, 2014 Project No.: Xxx LIST OF SUBCONTRACTORS 00 43 36-1

ARTICLE 2 – SUBCONTRACTORS EXCEEDING 1% OF BID TOTAL. THE BIDDER SHALL SUBMIT THIS FORM, DOCUMENT 00 43 36, TO THE TOWN OF PAHRUMP WITH BIDDER'S BID PROPOSAL. In conformance with the provisions of NRS 338.141, CONTRACTOR’s who have submitted the 3 lowest bids must submit a list of the name of each Subcontractor who will provide labor or a portion of the work improvement to CONTRACTOR for which the Subcontractor will be paid an amount exceeding 1 percent of CONTRACTOR’s total Bid Price or $50,000, whichever is greater, within 2 hours after the completion of the Bid opening. Awarding a contract under this Bid will not imply approval by OWNER nor constitute a contractual relationship between the OWNER and any listed subcontractor. This information will be utilized only to determine the lowest responsive and responsible Bidder. If a CONTRACTOR fails to submit such a list within the required timeframe, the Bid shall be deemed non-responsive. The listing of more than one Subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. NOTE: PURSUANT TO NRS 338.141 EVERY FIRST TIER SUBCONTRACTOR LISTED ON THE 5% LIST MUST ALSO BE LISTED ON THE 1% FIRST TIER SUBCONTRACTOR LIST. Pursuant to NRS 338.141(5) the Contractor shall not substitute a Subcontractor for a Subcontractor who is named in this bid unless the conditions of NRS 338.141(5) are met.

Work to be Performed

State License No. and Class

Percent of Total

Contract

Subcontractor’s Name, Address, and Contact

Person 1.

2.

3.

4.

5.

6.

7.


8.

9.

10.

11.

12.

13.

14.

15.

If the Bidder is not using any Subcontractors who will perform work in excess of 1 percent of the total Bid Price, or $50,000, whichever is greater, then the word “NONE” shall be placed in the above form. In doing this, it will be understood that all components of the work in excess of 1 percent of the total Bid Price, or $50,000, whichever is greater, will be performed by the CONTRACTOR. BIDDER:

(Signature)

(Title)

(Date) Business Address and Telephone Number:

END OF DOCUMENT


DOCUMENT 00 45 47

BID PREFERENCE

NRS 338.147 contains provisions for award of Contract to the Bidder who submits lowest responsive, responsible Bid; and determination of best Bid. A Bidder who: (a) has been found to be a responsible and responsive contractor by the OWNER; and (b) at the time of submitting the Bid, provides to the OWNER a copy of a certificate of eligibility to receive a preference in bidding on public works issued to Bidder by the State Contractor’s Board, shall be deemed to have submitted a better Bid than a competing Bidder who has not provided a copy of such a valid certificate of eligibility if the amount of his Bid is not more than 5 percent higher than the amount of the competing Bidder's Bid.

Did you claim a Bid preference under NRS 338.147?

Yes No

If so, have you provided a certificate of eligibility to receive a preference with your Bid? Is the certificate attached?

Yes No

END OF DOCUMENT

Kellogg Park Water Line Installation June, 2014 Project No.: Xxx BID PREFERENCE 00 45 47-1

DOCUMENT 00 52 00

CONTRACT AGREEMENT

KELLOGG PARK: WATERLINE INSTALLATION PROJECT TITLE

THIS AGREEMENT was executed this day of , 20 by and between [Name of Contractor] whose place of business is located at [Address of Contractor] (“Contractor”), and the TOWN OF PAHRUMP (“Owner”), acting under and by virtue of the authority vested in the County by the laws of the State of Nevada.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and TOWN OF PAHRUMP agree as follows:

Article 1. Work

1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance

with the Plans, Specifications, and all other terms and conditions of the Contract Documents.

Article 2. Architect and Project Manager

2.1 The TOWN OF PAHRUMP and its authorized vendor designed the Project and furnished

the Plans and Specifications. The TOWN OF PAHRUMP shall have the rights assigned to Architect in the Contract Documents.

2.2 TOWN OF PAHRUMP has designated Gary Guy Wilson, AIA, pc Architects to act as

TOWN OF PAHRUMP’s Representative in all matters relating to the Contract Documents. Whenever the term ‘Owner’, ‘Project Manager’, or ‘Owner’s Representative’ is used in this project manual, it shall be construed to mean Gary Guy Wilson, AIA, pc, Architects serving as ‘Owner’s Representative’ for this project The Owner’s Representative shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of the TOWN OF PAHRUMP, to accept work, and to make decisions or actions binding on the City, and shall have sole signature authority on behalf of the TOWN OF PAHRUMP.

2.3 The TOWN OF PAHRUMP may assign all or part of the Owner’s Representative’s rights,

responsibilities and duties to a Project or Construction Manager. Article 3. Contract Time and Liquidated Damages

3.1 Contract Time

Contractor shall commence work on the date established in the Notice to Proceed. TOWN OF PAHRUMP reserves the right to modify or alter the commencement date of the Work. Contractor shall achieve Substantial Completion of the entire Work within 30 working Days from the date when the contract time commences to run as provided in Document 00 72 00 (General Conditions). Contractor shall achieve Final Completion of

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 CONTRACT AGREEMENT

00 52 00-1

the entire Work and be ready for Final Payment in accordance with Section 01 77 00 (Closeout Procedures) 20 Working Days from the date when Substantial Completion was established.

3.2 Liquidated Damages

TOWN OF PAHRUMP and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss in the form of Contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Contractor and TOWN OF PAHRUMP agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by TOWN OF PAHRUMP because of a delay in completion of all or any part of the Work. Accordingly, TOWN OF PAHRUMP and Contractor agree that as liquidated damages for delay Contractor shall pay City:

3.2.1 ZERO dollars ($ 0.00 ) for each Day that

expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

3.2.2 ONE HUNDRED dollars ($ 100.00 ) for each Day that

expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

These measures of liquidated damages shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by TOWN OF PAHRUMP resulting from delay in completion of the Work.

3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on

bonds, and general loss of public use damages suffered by TOWN OF PAHRUMP as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from TOWN OF PAHRUMP (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.

3.4 It is further agreed that prior to issuance of a Notice of Completion under the terms of this

Contract, and as a condition precedent to the TOWN OF PAHRUMP’s obligation for the issuance of the Notice of Completion and Final Payment, the Contractor shall submit to the TOWN OF PAHRUMP a “Maintenance and Warranty Bond” to be valued at ten percent (10%) of the final contract amount. Such Bond shall be in force and valid for a period of one (1) year unless extended.

Article 4. Contract Sum

4.1 TOWN OF PAHRUMP shall pay Contractor the Contract Sum of

Dollars ($ ) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.


00 52 00-2

Article 5. Contractor’s Representations In order to enter into this Agreement, Contractor makes the following representations and warranties:

5.1 Contractor has visited the Site and has examined thoroughly and understood the nature

and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

5.2 Contractor has examined thoroughly and understood all reports of exploration and tests

of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which have been made available for Bidders or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00 72 00 of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.

5.3 Contractor has conducted or obtained and has understood all such examinations,

investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Agreement) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00 72 00; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

5.4 Contractor has correlated its knowledge and the results of all such observations,

examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

Article 6. Contract Documents 6.1 Contract Documents consist of the Project Manual and include the following

documents, and all changes, Addenda, and Modifications thereto:

Document 00 11 13 Advertisement for Bids Document 00 21 13 Instructions to Bidders Document 00 41 00 Bid Form Document 00 43 15 Bid Bond Document 00 43 30 Information Required of Bidder Document 00 43 32 Material/Equipment Suppliers List Document 00 43 36 List of Subcontractors


00 52 00-3

Document 00 45 47 Bid Preference Document 00 52 00 Agreement Forms Document 00 61 14 Performance Bond Document 00 61 15 Labor and Material Payment Bond Document 00 72 00 General Conditions

General Requirements Technical Specifications Drawings Sheet A0.0 thru A1.1 Sheet C1 thru C4

6.2 The Contract Documents may only be amended, modified or supplemented as

provided in Document 00 72 00. Article 7. Miscellaneous

7.1 Terms and abbreviations used in this Agreement are defined in Document 00 72 00 and

Section 01 42 16 (Definitions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement

for or on behalf of TOWN OF PAHRUMP or acting as an employee, agent, or representative of TOWN OF PAHRUMP, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the TOWN OF PAHRUMP is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

7.3 Contractor shall not assign any portion of the Contract Documents without the TOWN

OF PAHRUMP’s prior approval. Any assignment of any portion of the Contract Documents without the TOWN OF PAHRUMP’s prior written approval shall be deemed null and void. Contractor may subcontract portions of the Contract Documents only in compliance with Nevada Law.

7.4 The Contract Sum includes all allowances (if any).

7.5 In entering into a public works contract or a subcontract to supply goods, services or

materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15). This assignment shall be made and become effective at the time TOWN OF PAHRUMP tenders final payment to Contractor, without further acknowledgment by the parties.

7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or

type of worker needed to execute the Contract, as determined by the Nevada Department of Business and Industry, Office of the Labor Commissioner, are deemed included in the Contract Documents and on file at TOWN OF PAHRUMP’s Office, and shall be made available to any interested party on request. Contractor represents that it is aware of the Labor Codes which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.


00 52 00-4

7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or

any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).

7.8 This Agreement and the Contract Documents shall be deemed to have been entered

into in the TOWN OF PAHRUMP, State of Nevada, and governed in all respects by Nevada law.

IN WITNESS WHEREOF the parties have executed this Agreement in duplicate the day and year first above written.

CONTRACTOR: [CONTRACTOR’S NAME]

By: By:

Its:

Title (If corporation: Chairman, President, or Vice President)

Its: Title (If corporation: Secretary, Chief Financial Officer or Assistant Treasurer)

TOWN OF PAHRUMP

By:

Town Manager Date:

(Council Action dated )

Attest: City Clerk

Attachments:

-END OF DOCUMENT-


00 52 00-5

DOCUMENT 00 61 14

PERFORMANCE BOND

IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST BE LICENSED TO ISSUE SURETY BY THE

STATE OF NEVADA INSURANCE DIVISION PURSUANT TO NEVADA REVISED STATUTE 683A AND ISSUED BY AN APPOINTED PRODUCER OF INSURANCE PURSUANT TO NEVADA REVISED STATUTE 683A . INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE.

KNOW ALL MEN BY THESE PRESENTS, That , as Principal Contractor, and , as Surety, are held and firmly bound unto TOWN OF PAHRUMP, NYE COUNTY , NEVADA, hereinafter called Owner, in the sum of dollars, 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. WHEREAS, said Contractor has been recommended for award and shall enter into the contract with said Owner to perform all work required under the Bidding Schedule(s) BID NO. 2014-04 of the Owner's specifications, entitled KELLOGG PARK: WATER LINE INSTALLATION. 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 change order(s), alterations 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 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 change order(s), alterations or extensions of the contract is hereby waived by said Surety. SIGNED this day of _ ,2014

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

(Principal Contractor)

(Authorized Representative and Title) By:

(Signature) Surety:

(Appointed Agent Name)

(Signature)

(Signature) Address: Telephone:

(Appointed Agent Name) Address: Telephone:

ISSUING COMPANY MUST HOLD CERTIFICATES OF AUT HORITY 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).

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 PERFORMANCE BOND

00 61 14-1

DOCUMENT 00 61 15

LABOR AND MATERIAL PAYMENT BOND

IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST BE LICENSED TO ISSUE SURETY BY THE STATE

OF NEVADA INSURANCE DIVISION PURSUANT TO NEVADA REVISED STATUTE 683A AND ISSUED BY AN APPOINTED PRODUCER OF INSURANCE PURSUANT TO NEVADA REVISED STATUTE 683A. INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE.

KNOW ALL MEN BY THESE PRESENTS,

That , as Contractor , and , as Surety, are held and firmly bound unto CLARK COUNTY, NEVADA, hereinafter called Owner, in the sum of dollars , 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.

WHEREAS, said Contractor has been recommended for award and shall enter into the contract with said Owner to perform all work required under the Bid Schedule(s), BID NO. 602993-13, REGIONAL JUSTICE CENTER ACCESS AND SAFETY LADDER INSTALLATION.

NOW THEREFORE. If said Contractor or subcontractors, 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 change order(s), alterations 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 change order(s), alterations or extensions of the Contract is hereby waived by said Surely.

SIGNED this ----- day of , 20

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

(Principal Contractor)

(Authorized Representative and Title)

By: (Signature)

Surety:

(Appointed Agent Name) (State of Nevada, License Number)

By: (Signature) (Appointed Agent Name)

(License Number and Issuing State) By:

(Signature)

Address : Address:

Telephone:_ _ Telephone : -----------------

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).

A-8

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 LABOR AND MATERIAL PAYMENT BOND

00 61 15-1

DOCUMENT 00 72 00

GENERAL CONDITIONS

BID NO. 2014-06

KELLOGG PARK WATER LINE INSTALLATION

SECTION 1: GENERAL 1.1 NOTICE(S) TO PROCEED

A. Notice to Proceed (for Work)

After receipt of all required post-bid bonds and proof of insurance, and any other required post-bid submittals, the TOWN OF PAHRUMP will issue a Notice of Award which authorizes the Contractor to immediately execute the required contracts with equipment and material supplier(s), required Subcontractors, and apply for and obtain any necessary permits. The TOWN OF PAHRUMP shall issue a Notice to Proceed to commence the work.

1.2 TIME: COMPLETION OF PROJECT

A. Time is of the essence and failure to meet the specified time to complete the work to be performed shall constitute a breach of the Contract and may result in termination of the Contract.

B. The Successful Bidder, upon becoming the awarded Contractor, shall commence the work to be

performed on the date set by Gary Guy Wilson, AIA, pc, Architects, serving as the ‘Owner's Representative’ and construed as ‘Owner’ whenever mentioned in this project manual, in the written Notice to Proceed, continuing the work in accordance with the approved schedule and shall complete the entire work within 30 calendar days from the date specified in the Notice to Proceed. Further, separable portions of the work may be subject to milestone or specific dates as established in this document. The Contractor shall complete all work or separable portions of work in accordance with specified milestones or specific dates and in accordance with these specifications. Any costs associated with the overtime, which may be required to complete the project in time, and/or milestones specified shall be solely the responsibility of the Contractor and shall have been included in the bid amount(s). 1. The time specified above represents no overtime requirement. The scheduling of overtime for this

project is solely the responsibility of the Contractor. The Owner is not responsible for any additional costs related to overtime work performed.

C. Contractor's Performance of Work

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.

D. Liquidated Damages

1. In case of failure on the part of the Contractor to complete the work within the time(s) specified in

the Contract, or with such additional time(s) as may be granted by formal change order, or if the Contractor fails to perform the work ,or any separable part thereof , with such diligence as will insure its completion within the time(s) specified in the contract or any extensions thereof, the Contractor shall pay to the Owner, as liquidated damages , the sum of $100 for each calendar

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 GENERAL CONDITIONS

00 72 00-1

day of delay until the work is complete, together with any increased costs incurred by the Owner in completing the work.

2. Owner's Recovery of Bidder's Preference Liquidated Damages If the Owner determines that the Contractor has failed to comply with a requirement certified in its Public Works Bidder's Preference Affidavit, the Owner may seek to recover by civil action Liquidated Damages for material breach of the contract in the amount of one percent (1%) of the contract price

1.3 PERMITS AND FEES

The Contractor shall determine and secure and pay for all fees and permits which may include, but not be limited to the following: building permit; plan check fee; dust control permit; sanitation/sewer; storm water pollution, water; tortoise; and other permits, connection and governmental fees; licenses; and all special inspections necessary for proper execution and completion of the work, unless otherwise specified. Contractors shall direct questions to the designated contacts specified in the Instructions to Bidders.

1.4 UTILITIES

The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas to meet the requirements of the Contract. Such utilities shall be furnished by Contractor at no additional cost to the Owner, unless otherwise specified in this bid document.

1.5 STANDARDS AND CODES

A. Wherever references are made in the Contract to standards or codes in accordance with which work is to be performed or tested , the edition or revision of the standards or codes current on the effective date of this Contract shall apply to the work of the project, unless otherwise expressly set forth. Unless otherwise specified, reference to such standards or codes is solely for implementation of the technical portions of such standards and codes.

B. Where applicable, reference to the Uniform Standard Specifications shall mean the Uniform Standard

Specifications for Public Works Construction , Off-Site Improvements, Nye County Area, Nevada, Third Edition and revisions thereof, excluding Sections 102 and 103 of Division One, and/or the latest adopted Editions of the Uniform Building Code, Plumbing Code, Electrical Code, Fire Code, and Mechanical Code.

C. In case of conflict among any of the above referenced Specifications standards and codes, or

between any referenced standards and codes and the Specifications, reference is made to Section 105, Subsection 105.04 of the Uniform Standard Specifications for Public Works Construction, Off-Site Improvements, Nye County Area, Nevada, Current Edition, and revisions thereto, unless otherwise specified in the General Conditions.

1.6 TAXES

Contractor shall pay all taxes, levies, duties and assessments of any nature that may be applicable to any work under this Contract. The contract amount and any approved change orders amounts shall include all taxes imposed by law. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the Owner harmless from any liability regarding any and all such taxes, levies, duties, assessments and deductions.

1.7 ASSIGNMENT OF CONTRACTUAL RIGHTS


00 72 00-2

It is agreed that the Contractor will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without prior written consent of Owner and any sureties.

1.8 GOVERNING ORDER OF BIDDING AND CONTRACT DOCUMENTS

A. The bidding and contract documents include various divisions, sections, and conditions, which are essential parts for the work to be provided by the Contractor. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of a discrepancy, the following precedence will govern:

1. Permits required by law from other agencies, and/or the County, issued to the Contractor, and/or

the County.

2. Change orders, supplemental contracts and amended contracts.

3. Instructions to Bidders, including any addenda.

4. General Conditions, including any addenda.

5. Special Provisions, including any addenda.

6. Contract Drawings, including any addenda.

B. Notwithstanding the above, if a permit provision conflicts with a provision in items 2-8, above, the more stringent provision controls.

C. Notwithstanding the above a change order, supplemental agreement or amended agreement takes precedence over a more stringent permit if the permitting agency approves in writing.

D. Notwithstanding the above, in the event of a conflict between addenda; the more recent addenda controls.

E. Notwithstanding the above, approved revisions to contract drawings, specifications and drawings will take precedence over items 5, 6, 7 and 8 respectively. Detailed contract drawings shall have precedence over general plans.

F. The Contractor shall not take advantage of any apparent error or omission in the contract drawings or specifications. In the event the Contractor discovers such an error or omission, the Contractor shall immediately notify the Architect. The Architect will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications.

1.9 INDEMNITY

A. Notwithstanding the insurance coverage required herein, Contractor hereby indemnifies and shall defend and hold harmless Owner, its officers, employees, agents and, if applicable, its construction manager, its officers and employees, from and against any and all suits, actions, legal or administrative proceedings, claims, demands , damages, liabilities, interest, attorney's fees, costs and expenses whatsoever of any kind or nature whether arising before or after completion of the work hereunder and in any manner directly and indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether active or passive by Contractor, or anyone contracted with or acting under its direction or control, or in its behalf in connection with or incident to the performance of this Contract.

Contractor's aforesaid indemnity and hold harmless obligations, or portions or applications thereof,


00 72 00-3

shall apply even in the event of the fault or negligence, whether active or passive, of the parties indemnified or held harmless to the fullest extent permitted by law, but in no event shall they apply to liability caused by the willful misconduct of the parties indemnified or held harmless.

B. Contractor agrees to indemnify, defend, and hold harmless the Owner, its officers and employees,

from any and all claims by Contractor's employees or its subcontractors' employees for work-related injuries arising out of the performance of the contract.

1.10 ADA REQUIREMENTS

All work performed or services rendered by the successful Contractor must comply with the Americans with Disabilities Act standards adopted by Nye County. 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 Contractor to advise the Owner should the Owner's requirements not meet the appropriate accessibility standards.

1.11 AUDITS

The performance of this contract by the Contractor is subject to review by the Owner to insure contract compliance. The Contractor agrees to provide the Owner any and all information requested that relates to the performance of this contract. All requests for information shall be in writing to the Contractor. Time is of the essence during the audit process. Failure to provide the information requested within the timeline provided in the written information request may be considered a material breach of contract and be cause for suspension and/or termination of the contract.

SECTION 2: MATERIALS: 1.1 PATENT INDEMNITY

A. Contractor hereby indemnifies and shall defend and hold harmless Owner, its officers, employees, agents and, if applicable. its representatives, its officers, and employees, respectively , from and against all claims, losses, costs, damages, and expenses , including attorney's fees, incurred by Owner and its representative, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by Contractor, or out of the processes or actions employed by, or on behalf of Contractor in connection with the performance of the contract. Contractor shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by Owner or its representative, provided that Owner or its representative shall have notified Contractor upon becoming aware of such claims or actions, and provided further that Contractor's aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by Owner or its representative.

B. Contractor shall have the right, in order to avoid such claims or actions , to substitute at its expense non infringing equipment, materials, or processes, or to modify such infringing equipment, materials and processes so they become non infringing, or obtain the necessary licenses to use the infringing equipment, material or processes, 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.

1.2 SUBSTITUTIONS ("OR EQUAL")

A. Policy

1. Prior to proposing any substitute material, product, or service, Contractor shall satisfy itself that


00 72 00-4

the material, product, or service proposed is, in fact, equal to that specified. Contractor may only request a substitution if a material or product will fit into the space allocated, affords comparable ease of operations, maintenance and service that the appearance, and longevity is equal to or better than the material or product specified; or that the substitution of such material, product, or service by reason of cost savings, reduced construction time, or similar demonstrable benefit will be in Owner's interest.

2. The burden of proof of equality of a proposed substitution for a specified material, product, or

service shall be upon Contractor. Contractor shall support its request with sufficient test data and other means to permit Owner to make a fair and equitable decision on the merits of the proposal. Contractor shall submit drawings, samples, data and certificates for proposed substitute materials. 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. Owner will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.

3. Approval of a substitution shall not relieve the Contractor from responsibility for compliance with

all requirements of the Contract. Contractor shall bear the expense for any changes in other parts of the work caused by any substitutions.

4. 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.

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

B. Procedure

Should the Contractor wish to use any material, product, or service other than those specified by brand or trade name, it shall, within 10 calendar days after award of the contract, submit to the Architect, a written request for substitution accompanied by all data necessary for the Architect to determine whether the requested substitution is equal to the specified material, product, or service. If the Contractor fails to submit written requests within 10 calendar days after the award of the contract, 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 Owner to accept such substitute, or on the part of the Architect to determine such substitute to be the equal of that specified. The Architect will have a reasonable amount of time to review requests for substitution and make a recommendation to the Owner. Should the substitute be acceptable to the Owner, 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.

1.3 DELIVERY, UNLOADING AND STORAGE

Contractor shall receive, unload, store in a secure place, and deliver from storage to the construction site all materials and equipment required for the performance of the Contract. The storage facilities and methods of storing shall meet Owner's approval. Materials and equipment subject to degradation by exposure shall be stored in a suitable enclosure provided by Contractor.

1.4 PAYMENT OF MATERIAL

A. At the discretion of the Owner, payment for materials on hand may be made when a paid invoice is presented to the Architect for inclusion with the estimate, provided the materials meet the requirements of the plans and specifications, and are stored under acceptable storage conditions.


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Payment for materials on hand does not alter the responsibility of the Contractor for all materials until final acceptance of the work.

B. 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 Owner statements accompanied by an affidavit of the Contractor, certifying such materials were taken from its stock and the price and transportation claimed represent the actual cost to the Contractor.

C. It is understood and agreed that the transfer of title to and the Owner's payment of such stored or stockpiled material shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials in accordance with the requirements of the Contract , plans, and specifications .

1.5 WARRANTY A. Unless otherwise provided elsewhere in the Contract, 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, and all workmanship shall be in accordance with construction practices acceptable to Owner. Unless otherwise provided in the contract, Contractor warrants all equipment, materials, and labor furnished or performed under this contract against defects in design, materials (unless furnished by Owner), and workmanship for a period of 12 months (unless longer guarantees or warranties are provided for in the contract in which case the longer periods of time shall prevail) from the date of Substantial Completion, regardless of whether the same were furnished or performed by Contractor or by any of its subcontractors of any tier. Upon receipt of written notice from Owner 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 Contractor at a time acceptable to Owner.

B. Contractor shall perform such tests as Owner may require verifying that such redesign, repairs and replacements comply with the requirements of this Contract. All costs incidental to such redesign, repair, replacement and testing, including the removal of any barrier, necessary to gain access, shall be borne by Contractor.

C. Contractor warrants such redesigned, repaired or replaced work against defective design, materials and workmanship for a period of 12 months from and after date of acceptance thereof. Should Contractor fail to promptly make the necessary redesign, repair, replacement, and tests, Owner may perform or cause to be performed the same at Contractor's expense. Contractor and its surety or sureties shall be liable for the satisfaction and full performance of the warranties as set forth herein.

SECTION 3: LABOR 3.1 PREVAILING WAGES

A. 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, including NRS 338.020 through 338.090. The Contractor shall ensure that all employees on the work are paid in accordance with the CURRENT PREVAILING WAGE RATES AS APPROVED BY THE STATE LABOR COMMISSIONER, whenever the actual value of the contract totals $100,000 or more. Bidders are 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: http://www.laborcommissioner com, or by calling (702) 486-2795 . Per NAC 338.040, after a contract has been awarded, the prevailing rates of wages in effect at the time of the opening of bids remains in effect for the duration of the project. Please note that if a change order causes a contract to exceed $100,000, the Owner will audit the entire contract period.


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B. In accordance with NRS 338.013.3, the Contractor shall report to the Labor Commissioner and the

Owner the name and address of each subcontractor performing work on the project within 10 days after the subcontractor commences work on the project and the identifying (PWP) number for the public work.

C. In accordance with NRS 338.060 and 338.070, the Contractor shall forfeit as a penalty to the Owner, amounts specified in NRS 338.060, for each calendar day or portion thereof that each workman employed on the Owner's project is paid less than the designated rate for any work done under the contract by the Contractor or any Subcontractor under it. If the Contractor or any Subcontractor on the project fails to submit the certified payroll reports to the Owner within 15 calendar days after the end of the month, the Contractor shall forfeit as a penalty to the Owner, amounts specified in NRS 338.060, for each calendar day or portion thereof for each workman employed on the project during the reporting period. The Labor Commissioner shall establish a sliding scale based on the size of the Contractor's business to determine the amount per worker per day to be imposed. Any Contractor or Subcontractor, or agent or representative thereof, performing work on the project, who neglects to comply with the prevailing wage, 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 Owner 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.

D. In accordance with NRS 338.070, Contractor and each Subcontractor shall keep or cause to be kept:

1. An accurate record showing for each worker employed by the Contractor or Subcontractor; a. The name of the worker; b) The occupation of the worker; c) 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 d) The actual per diem, wages , and benefits paid to the worker; and

2. An additional accurate record showing for each worker employed by the Contractor or Subcontractor who has a driver's license or identification card; a) The name of the worker; b) The driver's license or identification card number of the worker; and c) The state or other jurisdiction that issued the license or card.

The records maintained pursuant to the requirements indicated above must be open at all reasonable hours to inspection by the Owner. The Contractor, and all Subcontractors, shall ensure that a copy of each record for each calendar month together with a cumulative summary of the percentage of workers that hold a valid driver's license or identification card issued by the State of Nevada, is received by the Owner no later than 15 days after the end of the month. The copy of the record maintained pursuant to paragraph one (1) of this section must be open to public inspection, as provided in NRS 239.010. The copy of the record maintained pursuant to paragraph two (2) of this section is confidential and not open to public inspection. The Contractor, or any Subcontractor or agent or representative thereof, doing work on the Project who neglects to comply with the terms of this provision is guilty of a misdemeanor. A copy of the records of work performed on the Project by the Contractor and each Subcontractor shall be submitted to the Owner at the following address: Town of Pahrump Manager Buildings & Grounds 400 North Highway 160 Pahrump, Nevada 89060


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http://www/

Attached are sample forms that may be used to document the above required information. Two years after Project's final payment is made by the Owner; the records in Owner's possession may be destroyed.

E. 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.

F. Certified Payroll Reports: Pursuant to NRS 338.070, on any public work contract awarded for more than $100,000, the Contractor and each Subcontractor are required to keep an accurate record showing the name, the occupation and the actual per diem, wages and benefits paid to each workman employed by it in connection with the public work.

Each contractor and every lower-tier subcontractor will be required to submit certified payrolls and other labor compliance documentation at the discretion of and the manner specified by the Owner. The Contractor and each Subcontractor are required to submit a copy of the record for each calendar month to the Owner no later than 15 calendar days after the end of the month for the purposes of public inspection. 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. A Contractor shall not withhold from a subcontractor the sums necessary to cover any penalties withheld from the Contractor by the public body because the Contractor failed to submit certified payroll reports within 15 calendar days after the end of the month if the Subcontractor provided certified payroll reports to the Contractor within 10 calendar days after the end of the month or the date agreed upon by the Contractor and Subcontractor. The Contractor shall submit the Owner's copy of its certified payroll and the certified payroll of each of the subcontractor s performing work on the project, the Contractor shall submit paper copies if notified. Certified Payroll Reports will be available for public viewing. Contact the ‘Owner’ with any requests to view the reports.

3.2 WORKING HOURS/OVERTIME

The normal hours for jobsite access are 6.30 a.m. to 3:00 p.m., Monday through Friday. At the Owner's discretion, seasonal adjustments in the hours of the normal working day may be made. All work necessary to be performed after regular working hours, on weekends or legal holidays, shall be performed without additional expense to the Owner. The Contractor shall pay for the overtime of all Owner's agents and employees who, as a result of the Contractor's operation, are required to perform inspection, surveying or testing beyond the normal hours, as specified above, and during legal holidays of the Owner, as specified above . Should the Contractor elect to work on a holiday, and needs the County to inspect, the Contractor shall prearrange inspection by written request at least 48 hours in advance.

STATE OF NEVADA LEGAL HOLIDAYS The Contractor is advised that below there are 10 firm legal holidays and 11 when December 31st falls on Friday. Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day


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Labor Day Nevada Admission Day Veteran's Day Thanksgiving Day and the Friday After Christmas Day New Year's Day Contractor is required to verify dates with Owner's representative prior to commencement of the Project.

3.3 COPELAND ANTI-KICK BACK ACT

The Contractor shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). 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.

3.4 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.

3.5 NON-DISCRIMINATION I FAIR EMPLOYMENT PRACTICES

A. Discrimination: The BCC is committed to promoting full and equal business opportunity for all persons doing business in Clark County. The successful Bidder acknowledges that the Owner has an obligation to ensure that public funds are not used to subsidize private discrimination. The successful Bidder recognizes that if they or their subcontractors are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other protected status, the Owner may declare the successful Bidder in breach of the contract, terminate the contract, and designate the successful Bidder as non-responsible.

B. 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 or age. Such agreement shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including 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 a Contractor shall constitute a material breach of this Contract.

3.6 PREFERENTIAL EMPLOYMENT All contractors shall comply with the preferential employment provisions of NRS 338.130 for public works contracts. This law requires that, when the qualifications of applicants are equal, that preference 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 not complied with by the Contractor, this contract is void, and any failure or refusal to comply with


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any of the provisions of NRS 338.130 renders this contract void.

3.7 SUBCONTRACTOR/INDEPENDENT CONTRACTOR A. Contractor represents that it is fully experienced and properly qualified to perform the class of work

provided for herein, and that it is properly licensed, equipped, organized and financed to perform such work. Contractor shall act as an independent Contractor and not as the agent of Owner in performing the Contract. The Contractor shall maintain complete control over its employees and all of its Subcontractors. Nothing contained in this Contract or any subcontract awarded by Contractor shall create any contractual relationship between any such Subcontractor and Owner. Contractor shall perform all work in accordance with its own methods subject to compliance with the Contract.

B. Any subcontract entered into by the Contractor and its Subcontractor or Material Supplier shall not create any contractual relationship between the Owner and Subcontractor or Material Supplier. It is the Contractor's responsibility to ensure all subcontract agreements and material supply contracts comply with the terms and conditions set forth in this Contract and applicable Statutes. If the Contractor submitted with its Bid a signed and notarized Affidavit the Contractor must include in each contract between the Contractor and Subcontractor the apportionment of Bidder's Preference Liquidated Damages assessed (General Conditions Section 1,1.2(D). The Contractor shall not substitute a subcontractor for any portion of the Work which was previously indicated would be performed by the Contractor unless such substitution meets the requirements of NRS Chapter 338.

3.8 REPORTING OF ALLEGED VIOLATIONS OF THE LAW The Contractor should have a written policy that protects employees from retaliation for reporting alleged violations of the law.

3.9 LABOR STRIFE The Contractor shall not cause or condone labor strife that may jeopardize the timely and efficient completion of public construction projects.

SECTION 4: SITE SAFETY AND SECURITY 4.1 RESPONSIBILITY FOR WORK SECURITY

A. 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. 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 Owner's property, and the work site. 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.

B. Contractor shall comply with all applicable laws and regulations. Contractor shall cooperate with Owner on all security matters and shall promptly comply with any project security requirements established by Owner. Such compliance with these security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor's obligation to undertake reasonable action as required to establish and maintain secure conditions at the site.

C. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and


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shall furnish these reports to Owner in a timely manner. 4.2 CONTRACTOR SITE RESPONSIBILITIES

A. Unless otherwise specifically provided in the Contract, 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 Owner. Before Contractor begins such work, it shall give notice to Owner of its intention to start such work. 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.

B. 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 Owner, 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 Contractor.

C. Owner reserves the right to permit access to the site by other contractors if necessary. Contractor shall cooperate and coordinate with Owner as needed.

4.3 CONSTRUCTION SAFETY

Neither the Owner nor its employees, agents, Architect/Engineer or representative(s) shall be responsible for safety on the project site, including but not limited to, providing or assuring a safe place for the performance of construction, methods of construction employed by any Contractor, subcontractor, supplier or other entity, or their partners, officers, agents, employees or volunteers or access, visits, use work, travel or occupancy by any person.

A. General

1. 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.

2. In an emergency affecting the safety of life or of the Work or of adjoining property, the Contractor shall follow the instructions of the Owner or Consulting Architect or Engineer and, in the absence of such instruction, shall act at its discretion to prevent such threatened loss or injury.

B. Protection of Persons

1. The Contractor shall take all reasonable precautions for the safety of all employees on the Work

and all other persons who may be affected thereby. The Contractor shall designate a responsible member of its organization at the Project site whose duty shall be prevention of accidents.

2. Except as otherwise stated in the Contract Documents, if the Contractor encounters on the Project site material reasonably believed to be asbestos, lead, or polychlorinated biphenyl (PCB), that Contractor shall immediately stop work in the area affected and give notice to Owner and any other appropriate entity of the condition. Work in the affected area shall not be resumed without written direction by the Owner.

4.4 CLEANING UP A. Contractor shall, at all times, keep the work area in a neat, clean, and safe condition. Upon


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completion of any portion of the work, Contractor shall promptly remove all of its equipment, construction plant, temporary structures and surplus materials not to be used at or near the same location during later stages of work. Upon completion of the work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all plant, buildings, rubbish, unused materials, and other equipment and materials belonging to it or used in the performance of the work , and Contractor shall leave the premises and work site in a neat, clean, and safe condition. In the event of Contractor's failure to comply with the above requirements may be accomplished by Owner at the Contractor's expense.

4.5 FIRE PREVENTION A. 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.

B. 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.

C. 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 a fire watch shall be provided by Contractor to be present during the burning and welding operation to ensure that protective measures are taken and no fires result from such operation. The fire watch shall have fire extinguisher equipment readily available and must be knowledgeable regarding proper use.

4.6 AIR POLLUTION A. The Contractor shall perform its work so as to not discharge into the atmosphere from any source,

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. Contractor shall:

1. Comply with the provisions of Nevada Revised Statute 445 : Air Quality Regulation; and

2. Register with the Clark County Air Quality Management Air Pollution Board, any equipment

requiring operating permits; and

3. Adhere to all Clark County Air Pollution Board regulations.

4.7 STORMWATER POLLUTION A The Contractor shall perform its work so as 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. Contractor shall:

1. Comply with the provisions of Nevada Revised Statutes, Chapter 445A: Water Pollution Control;

2. Adhere to all Federal regulations under 40 CFR 122.26(b)(14).

3. All information and forms pertaining to Nevada's Stormwater Permitting Program can be found on

the following website: http://ndep.nv.gov/bwpc/storm01.htm


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B The state and federal regulations identified above are hereby incorporated by reference as

preconditions of this contract. The Contractor shall familiarize itself with these regulations and practices, and is advised that prior to engaging in any construction activities, the Contractor shall submit a Notice of Intent (NOI) to the Nevada Division of Environmental Protection. A Storm Water Pollution Prevention Plan (SWPPP) must be completed prior to submission of the NOI, and must remain on the project site and be updated as necessary for the duration of the project. As applicant, the Contractor is responsible for insuring that all contractors, subcontractors, and all other persons abide by the conditions of the permit. As applicant, the Contractor is further responsible for supplying complete copies of the NOI and SWPPP to all project subcontractors. Any contracts between the Prime Contractor and applicable subcontractors must provide a monetary allowance for any storm water pollution control BMPs specified in the SWPPP. The Contract or 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. 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 current construction activity on site. As permit holder, the Contractor shall keep records of construction site inspections for up to 3 years after completion of the work. The cost of all shut-down expenses, monetary penalties or sanctions resulting from violations of this regulation shall be the sole responsibility of the Contractor. Measurement and payment for Storm Water Pollution Control shall be per Lump Sum for all work required to comply with all state and federal regulations, including but not limited to permit fees, plan preparation, required signage, monies paid to subcontractors, provision of storm water control monitor, record keeping, training, long-term stabilization, and all labor, equipment, and materials required to employ BMPs as set forth in state and federal regulations to prevent pollutants from entering MS4s and the waters of the United States. Lump sum shall be paid to the Contractor in monthly payments over the course of the contract.

SECTION 5: PROJECT COSTS AND WAGES 5.1 CHANGE ORDERS

The Contractor shall comply with all provisions and conditions which are required by the Contract for change order(s) which increase the Contract amount. Contractor represents that change order(s) will include all related costs prior to presentation to the Owner for consideration. Retroactive change order(s) will be rejected. Work which is specifically required by the Owner or its representative, and which is in addition to work required by the Contract, will be charged against a formal change order executed by both parties. Then the work defined shall commence as directed by the Owner's representative. Change order(s) may not exceed 10 percent of the original Contract amount without prior approval by the Governing Body, with the following conditions:

A The Contractor shall submit proposals and/or billings for materials and/or labor for all additional work

requested on the following basis, and in all cases the Contractor shall conform to the following requirements, and costs shall be limited to those set forth below:


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http://ndep.nv.gov/bwpc/storm01.htm

1. Products and Materials a. The costs of products and materials to the Contractor or Subcontractor, less any applicable

trade discounts.

b. Where the Prime Contractor supplies products and materials to the Owner directly, the Prime Contractor will be allowed to add a maximum of 10 percent overhead and profit in its billing to the Owner.

c. Where the Subcontractor supplies products or materials to the Owner, through the Prime Contractor, the Prime Contractor will be allowed to add a maximum of 10 percent overhead and profit for the Subcontractor, and above that, five percent (5%) overhead and profit for itself in its billing to the Owner.

d. The Owner reserves the right to request copies of any invoice(s), including those from the originating supplier(s), Subcontractor(s), or manufacturer(s).

e. No overhead and profit will be allowed on any applicable taxes.

2. Labor a. Where the Prime Contractor supplies labor to the Owner directly, the Prime Contractor will be

allowed to add a maximum of 15 percent overhead and profit in its billing to the Owner.

b. Labor costs shall be in compliance with the prevailing wage rates as specified above in Section 3, Labor, Item A.1.

c. Where the Subcontractor supplies labor to the Owner, through the Prime Contractor, the Prime Contractor will be allowed to add a maximum of 15 percent overhead and profit for the subcontractor; and above that, a maximum of 10 percent overhead and profit for itself in its billing to the Owner.

d. Labor costs shall be in compliance with the prevailing wage rates as specified above in Section 3, Labor, Item A.1.

e. The Owner reserves the right to request copies of any invoice(s) or time sheet(s) relevant to labor charged.

f. Should a contract originally awarded for less than $100,000 be increased over that amount through the issuance of change order(s), the Contractor shall then comply with all provisions and requirements of the Prevailing Wage Rates and represents that change order(s) will include labor and all related costs prior to presentation to the Owner for consideration. Retroactive change order(s) will be rejected.

5.2 RELEASE OF RETENTION

Not more than 95 percent of the amount of any progress payment may be paid until 50 percent of the work required by the CONTRACTOR has been performed. The amount of retention with respect to progress payments shall be five percent (5%) until the work is 50 percent complete. After the work is 50 percent complete, no further amount shall be retained from future progress payments, provided CONTRACTOR is making satisfactory progress. In the event of unsatisfactory progress, OWNER shall retain five percent (5%) from any progress payments. OWNER, or OWNER representative shall determine when the work is 50 percent complete. The specified retention amount will be released following the Owner's issuance/approval of the Notice of


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Completion, provided that the following conditions are met:

1. All punch list items have been completed.

2. A Certificate of Occupancy has been received (if applicable).

3. Final record drawings and specifications have been submitted (if applicable).

4. No known premium delinquency exists with the Contractor's workers' compensation insurer.

5. All required documentation has been submitted to the Owner and no request has been made to the Owner by the Labor Commissioner, to hold retention.

The Owner may at its discretion, withhold only the estimated portion of the retention monies needed to finish any of the five uncompleted conditions as specified above , and only with written notice to the Contractor. The difference of the retention may then be paid.

SECTION 6: PROJECT COMPLETION 6.1 USE OF COMPLETED PORTIONS OF WORK

A. Whenever, as determined by Owner, any portion of work performed by Contractor is in a condition suitable for use, Owner may initiate a certificate of substantial completion for that portion and take possession of, or use such portion.

B. Such use by Owner shall in no case be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any of the conditions thereof, provided that Contractor shall not be liable for the cost of repairs, rework or renewals which may be required due to ordinary wear and tear resulting from such use. However, if such use increases the cost, or delays the completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment mutually agreed upon prior to Owner taking possession.

C. If, as a result of Contractor's failure to comply with the provisions of the Contract, such use proves to be unsatisfactory to Owner, Owner shall have the right to continue such use until such portion of work can, without injury to Owner, be taken out of service for correction of defects, errors, omissions, or replacement of unsatisfactory materials or equipment, as necessary for such work to comply with contract; provided that the period of such operation or use pending completion of appropriate remedial action shall not exceed 12 months, unless otherwise mutually agreed upon in writing between the parties.

D. Contractor shall not use any permanently installed equipment unless such use is approved by Owner in writing. Where Contractor's written request is granted for the use of certain equipment, Contractor shall properly use and maintain, and upon completion of its use, and at its expense, recondition such equipment to the satisfaction of Owner.

E. If Owner furnished an operator for such equipment, such operator's services shall be performed under the complete direction and control of Contractor and shall be considered Contractor's employee for all purposes other than the payment of such operator's wages, workers' compensation or other benefits paid directly or indirectly by Owner.

6.2 RECORD DRAWINGS AND SPECIFICATIONS A. Progress Records: During construction, Contractor shall keep a marked-up, up-to-date set of


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drawings showing as-built conditions on the site as an accurate record of all deviations between work as shown and work as installed.

B. Final Records: When specified or required upon completion of work, Contractor shall furnish to Owner a complete set of marked-up as-builts with "RECORD" clearly printed on each sheet. Owner, at its expense, will furnish Contractor with drawings for mark-up by Contractor. Contractor shall accurately and neatly transfer all deviations from progress as-builts, to final as-builts.

6.3 TESTING, INSPECTIONS, AND FINAL ACCEPTANCE A. When Contractor considers that all work under the Contract is complete, Contractor shall inform

Owner in writing. When the results of inspection and testing satisfy Owner that all work under the Contract is completed and in accordance with the requirements of this Contract, Owner shall initiate the Notice of Completion process.

B. The date of final acceptance of the project shall be the date upon which the Owner accepts and issues a Notice of Completion for the project.

C. All warranties, guarantees and other applicable requirements designated in the Contract documents shall commence on the date of final acceptance of the project by the Owner as defined herein except that Owner, upon written request, may approve earlier commencement dates for system, equipment, or other specific items of work.

6.4 CONTRACT TERMINATION

A. Termination by the Owner for Cause

1. The Owner may terminate the Contract for Construction if the Contractor:

a. Fails to maintain Bonding, Nevada State Contractor's Board License, Worker's Compensation

Insurance, insurance coverage for limits as defined in the contract documents; or

b. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; or

c. Persistently disregards laws, ordinances, or rules, regulations or order of a public authority having jurisdiction; or

d. Has otherwise materially breached the Contract.

2. When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's Surety, if any, 7 business days advance written notice, terminate the contract with Contractor and may, subject to any prior rights of the Surety :

a. Take possession of the site and of all materials, equipment, tools, and construction equipment

and machinery thereon owned by the Contractor;

b. Accept assignment of Subcontractors pursuant to this Contract (contingent assignment of subcontracts to Owner if Contract is terminated); and,

c. Finish the work by whatever reasonable method the Owner may deem expedient.

3. When the Owner terminates the Contract for one of the reasons stated in this section "Termination by the Owner for Cause," the Contractor shall be entitled to receive payment only on


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work completed and accepted by Owner as of that termination date.

4. If the costs of finishing the work, including expenses made necessary thereby, exceed the Contract amount, the Contractor shall pay the difference to the Owner. The amount to be paid to the Owner shall survive Termination of the Contract.

B. Suspension by the Owner for Convenience

1. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the

work in whole or in part for such period of time as the Owner may determine.

2. An adjustment shall be made for increase in the cost of performance of the requirements of the Contract documents, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent:

a. That performance is, was or would have been so suspended, delayed or interrupted by

another cause for which the Contractor is responsible; or

b. That an equitable adjustment is made or denied under another provision of the Contract.

3. Adjustments made in the cost of performance must have a mutually agreed fixed price.

C. Termination for Convenience by Owner

Prior to, or during the performance of the work, the Owner reserves the right to terminate the contract for its convenience. Upon such an occurrence, the following procedures will be adhered to:

1. The Owner will immediately notify the Architect and the Contractor in writing specifying the

effective termination date of the Contract.

2. 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 at the point in the Contract.

a. Stop all work. b. Place no further subcontracts or orders for materials or services. c. Terminate all subcontracts. d. Cancel all material and equipment orders as applicable. e. Take action that is necessary to protect and preserve all property related to this Contract

which is in the possession of the Contractor.

3. Within 180 days of the date of the Notice of Termination, the Contractor shall submit a final termination settlement proposal to the Owner 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 Owner may determine the amount due to the Contractor because of the termination and shall pay the determined amount to the Contractor.

SECTION 7: PROJECT CONFLICTS


00 72 00-17

7.1 DISPUTES All claims, disputes or other controversy that may arise between the Owner and Contractor relating to any provisions of this Contract, or its performance, which have not been waived by the making and acceptance of final payment or any progress payment, must be attempted to be resolved by the parties by informal negotiations prior to the initiation of mediation. In the event such claim, dispute or controversy cannot be resolved by informal negotiations within forty-five (45) calendar days after either party made a written request for such informal negotiations, the parties shall, pursuant to NRS 338.150, attempt to resolve the claim, dispute or controversy by non-binding mediation prior to initiating judicial action. In the event the Contractor files a claim in District Court, pursuant to one or more provisions of NRS 338.640, and the Owner prevails in the Court's decision, then the Contractor shall pay the Owner 's attorneys' fees. Further, Contractor acknowledges that NRS 338.640 is contained within Nevada's Prompt Pay Act and, thus, fee-shifting provisions apply only to actions involving ordinary progress payments, and not claims for additional compensation or additional days beyond this contract. The Owner and Contractor, in any legal proceeding, including this mediation and arbitration or Court action, shall bear their own fees and costs. This specifically extends to any pass-through claims asserted by or on behalf of subcontractor. The County shall not be liable for fees or costs as an element of consequential damages.

7.2 NOTICE OF NON-BINDING MEDIATION After the expiration of the forty-five days for informal negotiations, as set forth in Item 7.1 above; either the Owner or the Contractor may initiate mediation by providing written notice to the other party against whom a claim, dispute or controversy is being made by submitting the following:

A. A written demand by the party initiating the mediation that the claim, dispute, or other controversy be

referred to a mediator ;

B. The names, addresses and telephone numbers of the parties;

C. A reference to any contract provisions from which the claim, dispute or controversy arises;

D. A complete description and a specific statement of the claim(s), dispute(s) or controversy(ies) and a showing of entitlement to relief;

E. The relief or remedy sought and the amount of money claimed;

F. If the Contractor is the initiating party, a copy of the Contractor 's documents generated in preparation or determination of prices included in the bid as required by NRS 338.140(1)(d);

G. If the Contractor is the initiating party and if the claim, dispute or controversy is made by a subcontractor, a written statement by the Contractor that it agrees with the merits and the amount of the claim;

H. If the Contractor submits a total cost or modified cost claim, dispute or controversy then the Contractor must submit documents showing: 1) that the nature of the particular losses make it impossible or highly impractical to determine the losses with a reasonable degree of accuracy ; 2) that the bid was realistic; 3) that the actual costs are reasonable; 4) that the Contractor was not responsible for the added expenses; and 5) that the Owner, and not anyone else, is responsible for the additional cost; and

I. If the Contractor is the initialing party, it must submit the written demand of mediation to Owner in the time period set forth in the claims presentment statute of NRS 244.250.


00 72 00-18

J. If the Contractor is the initiating party of the claim, dispute or controversy, the Contractor shall certify

in writing that the claim is made in good faith, that the supporting data is accurate and complete to the best of the Contractor's knowledge and belief, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the Owner is liable.

7.3 SELECTION OF MEDIATOR The mediator shall be chosen by mutual agreement of the parties.

7.4 COST OF THE MEDIATION The fees and expenses of the independent private mediator shall be shared equally by the Owner and Contractor. Owner and Contractor shall each pay their own costs and expenses, including, but not limited to, expert and attorney fees incurred in the mediation of any claim, dispute or controversy, including, but not limited to, their own costs of preparation of and presentation of all claims prior to and through the mediation period. Neither the Owner nor Contractor shall be entitled to an award of interest.

7.5 LOCATION OF THE MEDIATION

The mediation shall take place at a location designated by the Owner at an Owner-owned facility.

7.6 MEDIATOR AGREEMENT The parties shall enter into an agreement with the mediator that will include, among other provisions, the mediator's fees and costs, the mediator's responsibilities, and the mediator's model standards of conduct. The parties agree to propose that the mediator enter into an agreement in substantial form as that attached hereto as Exhibit B, prior to serving in any capacity as a mediator.

7.7 MEDIATION PROCEEDING A. The parties and the mediator shall agree on the date of the mediation and time of the mediation.

Unless the parties and the mediators mutually agree otherwise, the mediation shall take place within ninety (90) days after execution of the mediator agreement.

B. Either party may be represented by an attorney. Representation is not required. Parties are expected to have present at the mediation an officer, partner, employee or other person authorized to make decisions regarding the resolution of the dispute, claim or controversy. Contractor acknowledges that Owner is a public body and any settlement agreed to by its authorized representatives is subject to approval by the Pahrump Town Board.

C. The mediation shall consist of one or more sessions totaling no more than sixteen (16) hours, unless otherwise mutually agreed to by the parties and the mediator. Unless the parties otherwise mutually agree, it shall be an irrebuttable presumption that efforts beyond sixteen (16) hours would be futile.

D. Prior to the mediation session, on a date mutually agreed upon by the mediator and the parties, as set forth in section 7.7(a), above, each party shall provide the mediator with a written memoranda addressing the facts, issues, legal arguments and damages related to the claim, dispute or controversy. In addition to the written statement, the parties shall produce all relevant information reasonably required by the mediator to understand the issues and positions presented. Each party will provide the written statement and supporting documents to the mediator only. The parties will not exchange the written statement and supporting documents. The written statement shall be double spaced, no smaller than 12 characters per inch and not to exceed 30 (thirty) pages, unless mutually agreed to otherwise by the mediator and the parties. The party initiating the mediation shall provide the mediator with the information set forth in Item 7.2 of this section.


00 72 00-19

E. The mediation shall be confidential and, as a condition of the nonbinding mediation, the parties shall

enter into a confidentiality agreement, attached hereto as Exhibit B prior to the commencement of the mediation proceeding.

F. The mediation session will be private. Persons other than the parties and their representatives may attend only with the permission of both parties and the consent of the mediator. Unless mutually agreed to by the parties, the Owner and Contractor, along with its authorized representatives, shall be the only participants in the mediation. There shall be no stenographic record of the mediation process.

G. The parties agree to assert all claims, disputes and controversies known to the parties in their respective written statements submitted to the mediator.

H. The parties agree that opinions, recommendations, proposals, suggestions made or written, or views expressed, by the mediator will not be introduced, used or relied upon in any arbitral, judicial or other proceedings.

7.8 TERMINATION OF MEDIATION

The mediation shall be terminated : A. by the execution and approval of a settlement agreement by the parties;

B. by declaration of the mediator that further efforts at the mediation are no longer worthwhile ;

C. after the completion of the mediation session if the parties do not settle, by a written declaration of a

party or parties to the effect that the mediation proceedings are terminated ;

D. a party gives written notice of withdrawal; or

E. when there has been no communication between the mediator and a party or a party's representative for 14 days, at no fault of the mediator, following the conclusion of the mediation session.

7.9 WORK IN PROGRESS

At all times while the informal negotiations or mediation action is pending, the Contractor shall carry on with the work set forth in this Contract and maintain its progress schedule in accordance with the requirements of the Contract, unless the County exercises its right to terminate, pursuant to Section 6 of this Contract, or otherwise mutually agreed upon in writing by the parties.

END OF SECTION


00 72 00-20

DIVISION 01 – GENERAL REQUIREMENTS

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 DIVISION 01 – GENERAL REQUIREMENTS 1

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.01 SECTION INCLUDES

A. Contract Description.

B. Work by Contractor.

C. Work by Owner.

D. Work by Other Contractors.

E. Owner-Supplied Products.

F. Contractor Use of Site and Premises.

G. Owner Use of Site and Premises.

H. Future Work.

I. Work Sequence.

J. Owner Occupancy.

K. Streamlined Specifications.

1.02 CONTRACT DESCRIPTION

A. The "Project," of which the "Work" of the Contract is a part, titled Kellogg Park Water Line Installation, as prepared and published by Gary Guy Wilson, AIA, pc Architects and CivilWorks, Civil Engineers, and is located at Assessor’s Parcel Number 045-191-15, generally located at Squaw Valley Road and Bridger Street, Pahrump, Nevada in Nye County. The "Work" is described in the Project Drawings and Division 1 of the Project Manual.

The Work consists of the installation of a new six inch C900 water line and fire hydrant at the above parcel. The water line will be stubbed at the southwest corner of the site near an existing well and continue north on-site approximately 700 lineal feet. The water line will then branch to the east with three additional laterals to the north. Total lineal feet is approximately 2,500 feet. All laterals will be stubbed at each end except the northwest line which will receive a new fire hydrant. Water lines to be installed in locations as indicated on the drawings.

ADDITIVE ALTERNATE #1, Not Applicable.

ADDITIVE ALTERNATE #2, Not Applicable.

B. Construction does not include any adjacent off-site work or landscaping.

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 SUMMARY OF WORK 01 11 00-1

1.03 WORK BY CONTRACTOR

A. Review Contract Documents and Field Conditions: 1. Carefully study and compare the Contract Documents with each other and with information

furnished by Owner and immediately report to Architect errors, inconsistencies, or omissions discovered. If Contractor performs any construction activity knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without such notice to Architect, Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs of correction.

2. Take field measurements, verify field conditions, and carefully compare field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Report errors, inconsistencies, or omissions discovered to Architect at once.

3. Perform the Work in accordance with Contract Documents.

B. Supervision: 1. Submit name of the individual authorized to receive documents and be responsible for

informing others in Contractor's employ or Subcontractors of changes to the Work. 2. Furnish in writing within 5 calendar days after award of the Contract, written phone numbers

or instructions on how to contact key personnel. Key personnel shall be: a. Superintendent. b. Project Manager. c. Owner or Partner of the construction company under Contract.

3. Superintendent shall be present at the project site during all times construction work is progressing, or performed until all punch list items have been corrected. a. Superintendent shall also be present at the project site during all times work is being

performed at other than the above times. b. Arrange to have Superintendent, or an approved alternate superintendent with the

authority and capacity to make decisions or receive instructions and react accordingly, available by cellular phone and/or radio on a 24-hour a day, 7-day a week basis throughout this Contract.

4. At the Owner’s sole discretion, the Owner shall request and require, in writing, the replacement of a Superintendent and/or Project Manager.

5. Superintendent shall not be replaced at Contractor’s request, except in case of an emergency as approved by Owner or upon mutual agreement by Owner and Contractor. Any subsequent substitution, if approved, will require full time presence on-site of Contractor's Project Manager in addition to Superintendent.

6. If Contractor does not respond to a call within one hour, and a situation exists requiring Contractor's action; Owner may take appropriate action at Contractor's expense. Contractor, by failing to respond to the call, shall waive any rights to claims caused by Owner's action.

C. Performance of the Work: 1. Perform all work as may be necessary to complete the Contract in a satisfactory and

acceptable manner. 2. Supervise and direct the Work, using Contractor's best skills and attention. 3. Contractor shall be solely responsible for and have control over construction means,

methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract.

4. Contractor shall be responsible to Owner for acts and omissions of Contractor's employees, Subcontractors, and their agents and employees, and other persons performing portions of the Work under a contract.


5. Contractor shall not be relieved of obligations to perform the Work in accordance with the Contact Documents either by activities or duties of Owner in Owner's administration of the Contract, or by tests, inspections, or approvals required or performed by persons other than Contractor.

D. Materials, Labor, and Equipment: 1. Furnish and pay for all transportation, material, equipment, tools, labor, and incidentals

necessary to complete the Work in the best possible and most expeditious manner. 2. Provide and pay for labor, materials, equipment, tools, construction equipment and

machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated in the Work.

E. Labor: Enforce strict discipline and good order among Contractor's employees and other persons carrying out the Contract. Contractor shall not permit employment of unfit persons not skilled in tasks assigned to them.

F. Contractor's Responsibilities: 1. Review Shop Drawings, Product Data, and Samples; before and after Architect's review. 2. Receive and unload Products at site. 3. Inspect for completeness or damage, jointly with Owner. 4. Handle, store, install, and finish Products. 5. Repair or replace items damaged after receipt.

1.04 WORK BY OWNER

A. Owner reserves the right to perform construction or operations related to the Project with Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If Contractor claims that delay or additional cost is involved because of such action by Owner, Contractor shall make such claim as provided elsewhere in the Contract Documents.

B. When separate contracts are awarded for different portions of the project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean Contractor who executes each separate Owner-Contractor Agreement.

C. Owner shall provide for coordination of the activities of Owner's own forces and of each separate contractor with the Work of Contractor, who shall cooperate with them. 1. Contractor shall participate with other separate contractors and Owner in reviewing their

construction schedules when directed to do so. 2. Contractor shall make any revisions to the construction schedule and Contract Sum

deemed necessary after a joint review and mutual agreement. 3. The construction schedules shall then constitute the schedules to be used by Contractor,

separate contractors, and Owner until subsequently revised.

D. Unless otherwise provided in the Contract Documents, when Owner performs construction or operations related to the Project with Owner's own forces, Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to Contractor under the Conditions of the Contract, including, without excluding other, those stated herein and elsewhere in the Contract Documents.


E. Items noted “Owner-Supplied Products” will be supplied by Owner and installed by Contractor. These items include but are not limited to: 1. None

F. Items noted NIC (Not in Contract) will be supplied and installed by Owner. These items include but are not limited to: 1. None

G. Contractor shall remove and Owner will take possession of the items including but not limited to the following: 1. None

1.05 WORK BY OTHER CONTRACTORS

A. Owner has awarded separate contract(s) for supply and installation of the following work: 1. None

1.06 OWNER-SUPPLIED PRODUCTS (NONE INCLUDED)

A. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed Shop Drawings, Product Data, and Samples as

required to Contractor. 2. Arrange and pay for Product delivery to site. 3. On delivery, inspect Products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient

items. 5. Arrange for manufacturers' warranties, inspections, and service. 6. Provide access to specified items for inspection by Contractor. 7. Inspect specified items jointly with Contractor and record status and condition of each item. 8. Cooperate with Contractor on scheduling time and method of removal of Owner- supplied

products from existing location for reinstallation in the Work of the Project.

B. Contractor's Responsibilities: 1. Inspect specified items jointly with Owner and record status and condition of each item. 2. Coordinate with Owner on schedule and method of removal of Owner-supplied products

from their existing location. 3. Remove, transport, and reinstall specified Owner-supplied Products in locations shown on

Drawings or as directed by Owner.

C. Information or services under Owner's control shall be furnished by Owner with reasonable promptness to avoid delay in orderly progress of the Work.

D. The above delineated responsibilities are in addition to other duties and responsibilities of Owner and Contractor.

1.07 CONTRACTOR USE OF SITE AND PREMISES

A. Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.

B. Limit use of site and/or premises to allow: 1. Owner occupancy. 2. Work by others, work by Owner, and work by public utility companies. 3. Use of unimpeded portions of the site and premises by the public.


C. Maintain emergency exits from existing buildings during construction.

D. Construction operations shall be limited to areas approved by Owner.

E. Utility Outages and Shutdown: Provide 3 days notice of scheduled shutdowns and immediate notification of unscheduled utility interruptions to the site.

1.08 OWNER USE OF SITE AND PREMISES

A. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. Schedule the Work to accommodate this requirement.

B. Owner's Access to the Site: Provide Owner access to the Work in preparation and progress wherever located.

1.09 FUTURE WORK

A. None

1.10 WORK SEQUENCE

A. Construct Work in phases to accommodate Owner's occupancy requirements during the construction period, coordinate construction schedule and operations with Owner.

1.11 OWNER OCCUPANCY

A. Owner may occupy or use any complete or partially completed portion of the Work at any stage when such portion is designated by separate agreement with Contractor, provided such occupancy or use is consented to by the insurer as required herein and authorized by public authorities having jurisdiction over the Work. 1. Such partial occupancy or use may commence whether or not the portion is substantially

complete, provided Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work, and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.

2. When Contractor considers a portion substantially complete, prepare and submit a list to Owner as specified.

3. Consent of Contractor to partial occupancy or use shall not be unreasonably withheld. 4. The stage of the progress of the Work shall be determined by written agreement between

Owner and Contractor or, if no agreement is reached, by decision of Owner.

B. Immediately prior to such partial occupancy or use, Owner and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.

C. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

1.12 STREAMLINED SPECIFICATIONS

A. These specifications are written in streamlined or declarative style, using incomplete sentences. This imperative language is directed to Contractor unless specifically noted otherwise.


B. Omissions of such words and phrases as "The Contractor shall," "in conformity therewith," "shall be," "as shown on the Drawings," "a," "an," "the," and "all" are intentional in streamlined sections. 1. Omitted words shall be supplied by inference in the same manner as when a note appears

on the Drawings. 2. Omission of such words shall not relieve the Contractor from providing the items and work

described herein or indicated on the Drawings. 3. Words "shall be" are included by inference where a colon (:) is used within sentences or

phrases.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


SECTION 01 25 00

SUBSTITUTION PROCEDURES

PART 1 GENERAL


A. Selection of products.

B. Limitations on substitutions.

C. Requests for substitution of products.

D. Contractor representation.

E. Submittal procedures.

1.02 SELECTION OF PRODUCTS

A. Base bid on products, materials, or systems specified in Contract Documents to establish standard of quality required and to provide uniform basis for evaluating bids.

B. Products Specified by Naming More than One Manufacturer: Any listed manufacturer of that section may be used in bid.

C. When product or manufacturer's names are not specifically specified, provide products, materials, or systems in accordance with performance requirements and install such products in accordance with material manufacturer's recommendations.

D. "Or Equivalent": Where phrases “or equal,” "or equivalent," “or approved equal,” or "or approved equivalent" occur in Contract Documents, do not assume that products, materials, or system will be approved as equivalent (even if approved for use on previous projects) until item has been specifically so approved for this Work by Architect.

E. Decision of Architect shall be final.

1.03 LIMITATIONS ON SUBSTITUTIONS

A. Comply with policy and procedure specified in the General Conditions for Substitutions (Or Equal).

B. Substitutions will be considered only when listed on form provided at end of this Section (Substitution Request form).

C. Only proposed substitutions of Successful Bidder will be reviewed, providing adherence to following procedures: 1. They have been listed on Substitution Request form as specified in "A" above. 2. Substitution Request form for each product has been completely executed with

substantiating data attached and signed by authorized representative of Contractor. Submit in quadruplicate.

3. Requests must be delivered to Architect's office within ten (10) calendar days from date of Notice of Award. Late submittals will not be reviewed.

D. Subsequent requests will be considered in case of product unavailability. 1. Submit letter to this effect written by manufacturer accompanied by completed Substitution

Request form. 2. If, in opinion of Architect, any product specified:

a. Cannot be delivered during progress of Work. b. Will no longer be available during progress of Work, or

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 SUBSTITUTION PROCEDURES 01 25 00-1

c. If quality of material, as specified, no longer meets Specifications, Architect will specify substitute.

3. Material cost differential (credit or extra) between specified material and "substitute" will be reflected in Change Order to Contractor.

4. Contractor may submit request for subsequent substitutions no later than 30 days after Notice to Proceed is issued.

5. Allow Owner or Architect to audit product substitutions for unit cost, Contractor mark-up, and freight allowances. Significant departures from established mark-up shall be subject to review and approval.

E. Substitutions will not be considered when indicated on Shop Drawings or product data submittals, when requested directly by subcontractor or supplier, or when acceptance will require substantial revision of Contract Documents.

F. Do not order or install substitute products without written acceptance.

G. Only one request for substitution for each specified product will be considered. When substitution is not accepted, provide specified product.

H. Approval or rejection of request for substitution will be based on Architect's opinion, with concurrence by Owner, as to adaptability, durability, quality, aesthetics, and Contract Amount change, when compared to specified or noted items.

1.04 REQUESTS FOR SUBSTITUTIONS

A. Identify product by Specification section and Article numbers. Provide manufacturer's name and address, trade name of product, and model or catalog number. List fabricators and suppliers as appropriate.

B. Attach product data as specified in Section 01 33 00.

C. List similar projects using product, dates of installation, and names of architects and owners.

D. Give itemized comparison of proposed substitution with specified product, listing variations.

E. Give quality and performance comparison between proposed substitution and specified product.

F. Give cost data comparing proposed substitution with specified product, and amount of net change to Contract Amount.

G. List availability of maintenance services and replacement materials.

H. State effect of substitution on construction schedule and changes required in other Work or products.

1.05 CONTRACTOR REPRESENTATION

A. Request for substitution constitutes representation that Contractor has investigated proposed product and has determined that it is equivalent to or superior in all respects to specified product. In addition: 1. Provide same warranty for substitution as for specified product. 2. Coordinate installation of accepted substitute, making such changes as may be required

for Work to be complete in all respects. 3. Certify that cost data presented is complete and includes all related costs under this

Contract. 4. Waive claims for additional costs related to substitution that may later become apparent.

1.06 SUBMITTAL PROCEDURES

A. Submit four (4) copies of request for substitution.


B. After receipt of substitution request, Architect will notify Contractor, in writing, of status of requested substitutions within ten (10) days.

C. For accepted products, submit Shop Drawings, product data, and samples under provisions of Section 01 33 00.

PART 2 PRODUCTS Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


SUBSTITUTION REQUEST (After the Bidding Phase)

Project: Substitution Request Number:

From:

To: Date:

Architect’s Project Number:

Re: Contract for:

Specification Title: Description:

Section: Page: Article/Paragraph:

Proposed Substitution:

Manufacturer: Address: Phone:

Trade Name: Model No.:

Installer: Address: Phone:

History: __ New product __ 2-5 years old __ 5-10 years old __ More than 10 years old

Differences between proposed substitution and specified product:

□ Point-by-point comparative data attached - REQUIRED BY ARCHITECT

Reason for not providing specified item:

Similar Installation:

Project: Architect:

Address: Owner:

Date Installed:

Proposed substitution affects other parts of Work: □ No □ Yes; explain

Savings to Owner for accepting substitution: ($ ).

Proposed substitution changes Contract Time: __ No __ Yes [Add] [Deduct] days.

Supporting Data Attached: __ Drawings __ Product Data __ Samples __ Tests __ Reports

© Copyright 1996, Construction Specifications Institute, Page 1 of 2 September 1996 601 Madison Street, Alexandria, VA 22314-1791 CSI Form 13.1A


SUBSTITUTION REQUEST (Continued)

The Undersigned certifies:

· Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product. · Same warranty will be furnished for proposed substitution as for specified product. · Same maintenance service and source of replacement parts, as applicable, is available. · Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule. · Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently

become apparent are to be waived. · Proposed substitution does not affect dimensions and functional clearances. · Payment will be made for changes to design, including Architect’s design, detailing, and construction costs caused by the

substitution. · Coordination, installation, and changes in the Work as necessary for accepted substitution will be complete in all respects.

Submitted by:

Signed by:

Firm:

Address:

Telephone:

Attachments:

ARCHITECT’S REVIEW AND ACTION

□ Substitution approved - Make submittals in accordance with Specification Section 01 33 00.

□ Substitution approved as noted - Make submittals in accordance with Specification Section 01 33 00.

□ Substitution rejected - Use specified materials.

□ Substitution Request received too late - Use specified materials.

Signed by: Date:

Additional Comments: __ Contractor __ Subcontractor __ Supplier __ Manufacturer __ Architect

© Copyright 1996, Construction Specifications Institute, Page 2 of 2 September 1996 601 Madison Street, Alexandria, VA 22314-1791 CSI Form 13.1A


SECTION 01 26 00

CONTRACT MODIFICATION PROCEDURES

PART 1 GENERAL

1.01 SUMMARY

A. Changes in the Work may be accomplished after execution of the Contract for construction, and without invalidating the Contract for construction, by Supplemental Instruction, by Change Order, or by Construction Change Directive, subject to the limitations stated in this Section 01 26 00 and elsewhere in the Contract Documents.

B. Section Includes: 1. Definitions. 2. Modifications. 3. Supplemental Instructions. 4. Requests for Proposal/Change Order. 5. Construction Change Directive (Time and Material Change Orders). 6. Supplemental Instructions Procedures. 7. Change Order Procedures. 8. Construction Change Directive (Time and Material Change Orders). 9. Documentation of Change in Contract Amount and Contract Time. 10. Correlation of Contractor Submittals.

1.02 DEFINITIONS

A. A Modification is: 1. A Supplemental Instruction; 2. A Change Order; 3. A Construction Change Directive; 4. Or a written amendment to the Contract signed by Owner, Architect, and

Contractor.

B. A Supplemental Instruction is an order for a minor change in the Work issued by Architect involving no changes in the Contract Amount or Contract Time.

C. A Change Order is a written instrument prepared by Owner and signed by Owner, Contractor and Architect, stating their agreement upon a change in the Work which results in a change in the Contract Time and/or Contract Amount.

D. A Construction Change Directive is a written order prepared by Architect and signed by Owner and Architect, directing a change in the Work. Construction Change Directive allows the Work to proceed when Owner and Contractor do not agree upon a change to the Contract Sum or Contract Time required by a Change Order. Construction Change Directive requires agreement by Owner and Architect and may or may not be agreed to by Contractor.

1.03 MODIFICATIONS

A. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and Contractor shall proceed promptly, unless otherwise provided in the Supplemental Instruction, Construction Change Directive, or Change Order.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 CONTRACT MODIFICATION PROCEDURES 01 26 00 - 1

B. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order that application of such unit prices to quantities or work proposed will cause substantial inequity to Owner or Contractor, the applicable unit prices shall be equitably adjusted.

C. Pending final determination of cost to Owner, amounts not in dispute may be included in Applications for Payment.

D. The amount of credit to be allowed by Contractor to Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by Owner.

1.04 SUPPLEMENTAL INSTRUCTIONS

A. Architect has the authority to order minor changes in the Work not involving adjustment in Contract Sum or extension of Contract Time and not inconsistent with intent of Contract Documents.

B. Such minor changes shall be effected by written order and shall be binding on Owner and Contractor.

C. Contractor shall carry out such written orders promptly.

1.05 REQUESTS FOR PROPOSALS/CHANGE ORDERS

A. Architect may issue a Request for Proposal (RFP) which includes a detailed description of a proposed change in the Work, with or without supplementary or revised Drawings and Specifications. 1. Within seven (7) calendar days of receipt of RFP, Contractor shall submit to

Architect a statement describing the effects on Contract Amount and Contract Time with full documentation.

2. Contractor shall include a statement describing the effect on Work by separate or other contractors.

B. Contractor may propose a change by submitting a request for change to Architect, which includes: 1. Description of proposed change and its full effect on the Work. 2. Statement describing the reason for the change. 3. Description of the effect on the Contract Amount and Contract Time with full

documentation. 4. Statement describing the effect on Work by separate or other contractors.

C. Contractor's requests for change shall be submitted within twenty (20) days of the occurrence. All requests made after twenty (20) days from occurrence will not be considered.

D. Change Orders: When Architect and Contractor agree with adjustments in Contract Amount and Contract Time, or otherwise reach agreement upon adjustments, such agreement shall be effective immediately and shall be recorded in the Change Order prepared by Owner and executed by all parties.

1.06 CONSTRUCTION CHANGE DIRECTIVE (TIME AND MATERIAL CHANGE ORDER)

A. Architect may, by Construction Change Directive and without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of


additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

B. In the absence of total agreement on the terms of a Change Order, Architect may issue a Construction Change Directive instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. The document will describe the changes in the Work, and will designate a method of determining any change in Contract Amount or Contract Time.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 SUPPLEMENTAL INSTRUCTIONS PROCEDURES

A. Architect will issue a Supplemental Instruction to Contractor describing minor changes in the Work not involving adjustment in Contact Sum or extension of Contract Time and not inconsistent with the intent of the Contract Documents.

B. Contractor shall carry out such written orders promptly.

3.02 CHANGE ORDER PROCEDURES

A. Contractor shall submit proposals and/or billings for materials and/or labor for all additional work: 1. In conformance with provisions, rates, and requirements set forth in the Prevailing

Wage Rates outlined in the Construction Contract. 2. With charges limited to those set forth below in this Article.

B. Materials: 1. Cost of products or materials to Contractor or Subcontractor, less any applicable

trade discounts, shall be subject to mark-up for overhead and profit as follows: a. Where Contractor supplies products or materials to Owner directly, Contractor

will be allowed to add a maximum of 10 percent overhead and profit in his billing to Owner,

b. Where Subcontractor supplies products or materials to Owner, through Contractor, Contractor will be allowed to add a maximum of 10 percent overhead and profit for Subcontractor, and above that, 5 percent overhead and profit for himself in his billing to Owner.

2. Owner reserves the right to request copies of any or all invoices or contracts, including those from originating suppliers, subcontractors, or manufacturers

C. Applicable taxes: No overhead and profit will be allowed.

D. Labor: 1. Where Contractor supplies labor to Owner directly, Contractor will be allowed to

add a maximum of 15 percent overhead and profit in his billing to Owner. 2. Where Subcontractor supplies labor to Owner, through Contractor, Contractor will

be allowed to add a maximum of 15 percent overhead and profit for Subcontractor; and above that, a maximum of 10 percent overhead and profit in his billing to Owner.

3. Labor costs shall be in compliance with the Prevailing Wage Rates as provided herein.


4. Owner reserves the right to request copies of any or all invoices, time sheets, and so forth relevant to labor charged (see Documentation Article below).

E. Overhead and Profit: 1. Overhead and profit at the rates outlined above includes costs of bonds and

insurance, supervision, estimating, administrative and clerical personnel at the base office and/or field office, use of power tools and equipment, incidental job burdens, payroll tax on labor, and general office expenses.

2. No additional overhead and profit will be allowed for omitting work. 3. When both additions and credits covering related work or substitutions are

involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change.

F. Payroll Burden: 1. When the General Contractor and/or Subcontractor provides labor to the Owner,

all calculations for overhead and burden shall be calculated as follows: a. Workman’s Compensation will be calculated at a not to exceed rate of 15

percent of the published prevailing wage rates provided by the State of Nevada Labor Commissioner for Clark County. The applicable wage rates shall be the rates in effect for each trade at the time this contract was awarded.

b. Labor payroll burdens and taxes including, but not limited to, Federal and State Unemployment costs, Social Security Taxes (FICA), Builders Risk Insurance costs, Public Liability cost, shall be calculated by the Contractor at a rate not to exceed 15 percent of the published prevailing wage rates provided by the State of Nevada Labor Commissioner for Clark County. The applicable rates shall be the rates in effect for each trade at the time this contract was awarded.

G. Execution of Change Orders: A Change Order will be fully executed by Owner when the document is signed by Contractor, Architect, and Owner.

3.03 DOCUMENTATION OF CHANGE IN CONTRACT AMOUNT AND CONTACT TIME

A. Maintain detailed records on a time and material basis for all work done.

B. Document each quotation and provide full information required for evaluation of proposed changes to substantiate costs of changes in the Work. 1. The Contractor shall be required to utilize Owner provided worksheets and forms

when directed by the Owner Representative.

C. Provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract similarly documented.

D. Support each claim for additional costs and for work done on a time and material force account basis with additional information: 1. Origin and date of claim. 2. Dates and time work was performed and by whom. Superintendent and/or

Owner's representative shall be notified when work commences and when it is complete. Superintendent and/or Owner's representative shall sign the work log.

3. Time records and wage rates paid. Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 CONTRACT MODIFICATION PROCEDURES 01 26 00 - 4

4. Invoices and receipts for products, equipment, and subcontractors similarly documented.

E. Contractor shall keep and present, in such form as Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: 1. Costs of labor, including social security, old age and unemployment insurance,

fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance.

2. Costs of materials, supplies, and equipment, including costs of transportation, whether incorporated or consumed.

3. Rental costs of machinery and equipment exclusive of hand tools, whether rented from Contractor or others.

3.04 CONSTRUCTION CHANGE DIRECTIVES (TIME AND MATERIAL CHANGE ORDER)

A. If a Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 1. Mutual acceptance of a lump sum properly itemized and supported by sufficient

substantiating data to permit evaluation. 2. Unit prices stated in the Contract Documents or subsequently agreed upon. 3. Cost to be determined in a manner agreed upon by the parties and a mutually

acceptable fixed or percentage fee. 4. As provided in Paragraphs D and E of Article 3.03.

B. Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise Owner of Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in Contract Sum or Contract Time.

C. A Construction Change Directive signed by Contractor indicates the agreement of Contractor therewith, including adjustment in Contract Sum and Contract time or the method determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

D. If Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by Owner on the basis of reasonable expenditures and savings of those performing the Work attributable to the change.

3.05 CORRELATION OF CONTRACTOR SUBMITTALS

A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Amount.

B. Promptly revise progress schedules to reflect any change in Contract Time. Revise sub-schedules to adjust time for other items of work affected by the change and resubmit.

C. Promptly enter changes in Project Record Documents.

END OF SECTION


SECTION 01 26 13

REQUESTS FOR INTERPRETATION (RFI)

PART 1 GENERAL


A. Administrative and procedural requirements for handling and processing Requests for Interpretation (RFI).

B. RFI form is attached at the end of this Section.

C. Do not use RFI form during bidding. Direct questions during bidding phase as indicated in Contract Documents.

1.02 DEFINITIONS

A. RFI: Formal process used during construction phase to facilitate communication between Contractor and Architect or Owner's Representative with regard to requests for additional information and clarification of intent of Contract Documents (Drawings and Specifications).

1.03 PROCEDURE

A. When conditions require clarification of Contract Documents, comply with following: 1. Subcontractors, manufacturers, and suppliers shall submit request for additional

information and clarification to Contractor. 2. Contractor shall contact Architect with requests for interpretation or additional

information using the attached form. Architect will not accept requests for inter-pretation or information submitted directly from subcontractors, manufacturers, or suppliers.

3. Architect will provide response to Contractor. 4. Generate RFI by one source per project and number accordingly. 5. Submit one request for information or clarification per form. 6. Contractor can suggest a response for the Architect’s interpretation and approval.

B. Architect will review RFI from Contractor with reasonable promptness and Contractor will be notified in writing of decisions made.

C. Architect’s written response to RFI shall not be considered as a Pricing Order or Pricing Directive, nor does it authorize changes in Contract Sum or Contract Schedule.

D. Contractor shall maintain a log of RFIs sent to and responses from Architect.

E. Contractor shall make every reasonable effort to answer questions pertaining to Construction Documents before submitting an RFI.

1.04 RFI FORM

A. Submit RFIs on attached form. Architect will not respond unless use proper form.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 REQUESTS FOR INTERPRETATION (RFI) 01 26 13-1

B. If submittal form or format does not provide space needed for complete information, additional sheets may be attached.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


TOWN of PAHRUMP REQUEST FOR INTERPRETATION Project: R.F.I. Number:

From:

To: Date:

Project Number:

Re: Contract for:

Specification Section: Paragraph: Drawing Reference: Detail:

Request/Description:

Proposed Solution:

Any suggestions offered in this RFI are submitted for Architect, Engineer or Consultant consideration only and do not constitute design or engineering or an offer to provide design or engineering. All designs, engineering and related coordination remains the responsibility of the applicable Architect, engineer or consultant.

Signed by:

Response:

□ Attachments

Response From: To: Date Rec’d: Date Ret’d:

Signed by:

Copies: □ Owner □ Consultants □ □ □ □ □ File

Based on CSI Form 13.2A Copyright 1994, Construction Specifications Institute, Page 1 of __ 601 Madison Street, Alexandria, VA 22314-1791


SECTION 01 29 76

APPLICATIONS FOR PAYMENT

PART 1 GENERAL


A. Schedule of Values Format and Submittal.

B. Applications for Payment Preparation and Submittal.

C. Retention.

D. Applications for Final Payment and Release of Retention.

E. Substantiating Data.

1.02 SCHEDULE OF VALUES

A. As specified in the Instructions to Bidders, Contractor shall submit to Owner a Schedule of Values allocated to various portions of the Work, prepared in the form provided and supported by such data to substantiate its accuracy as Owner may require.

B. This schedule shall be used as a basis for reviewing Contractor's Applications for Payment.

1.03 APPLICATIONS FOR PAYMENT

A. Certificates of Insurance: 1. As a condition precedent to receiving payments, Contractor shall have on file with Owner

current certificates of insurance evidencing required coverage. 2. Insurance certificates for Owner shall contain the information shown on the sample

certificates provided in the Contract Documents.

B. Payment for stored materials may be made as specified in the General Conditions.

1.04 RETENTION

A. Not more than 95 percent of the amount of any progress payment may be paid until 50 percent of the work required by the Contractor has been performed. The amount of retention with respect to progress payments shall be 5 percent until the work is 50 percent complete. After the work is 50 percent complete, no further amount shall be retained from future progress payments, provided Contractor is making satisfactory progress. In event of unsatisfactory progress, Owner shall retain 5 percent from any progress payments. Owner or Owner Representative shall determine when the work is 50 percent complete.

B. Release of Retention: The specified retention amount will be released following the Governing Body's approval of the Notice of Final Completion, provided that the following conditions are met: 1. All punch list items have been completed. 2. A Certificate of Occupancy has been received. 3. Final Record Drawings and Specifications have been submitted. 4. All operation and maintenance manuals have been approved by the Design Professional

and turned over to the Owner. 5. No known premium delinquency exists with the Contractor's Workers' Compensation

insurer. 6. All required documentation has been submitted to the Nevada State Labor Commissioner

and no request has been made to the Owner to hold retention.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 APPLICATIONS FOR PAYMENT 01 29 76-1

C. The Owner may at its discretion, withhold only the estimated portion of the retention monies needed to finish any of the five uncompleted conditions as specified above, and only with written notice to the Contractor. The difference of the retention may then be paid.

PART 2 PRODUCTS

2.01 SCHEDULE OF VALUES

A. Format: 1. Comply with the form included in the Bidding Documents for the initial submittal. 2. Subsequent submittals be same as Continuation Sheet for Application of Payment. 3. Fill in left-most three columns (Item Number, Description of Work, and Scheduled Value).

B. Schedule of Values shall include, but not be limited to, the following items: 1. Division 00 – Procurement and Contracting Requirements.

a. Reimbursement allowance for permits and fees. 2. Division 01 – General Requirements.

One value for entire division, except as follows: a. Mobilization: maximum of one/half percent of Contract amount. b. Overhead and profit to be spread equally to all scheduled line items.

3. Division 02 – Existing Conditions. a. Utilities, if any, on site. b. Earthwork. c. Landscape.

4. Division 31 – Earthwork. 5. Division 32 – Exterior Improvements.

a. Earthwork. b. Landscape.

6. Division 33 – Utilities. a. Utilities.

7. Construction Conflicts and Additional Work.

C. Owner reserves the right to request further breakdown of any item as required.

2.02 APPLICATION FOR PAYMENT

A. Format: 1. Payment Application forms shall be AIA G702 - Application and Certificate for Payment

and AIA G703 - Continuation Sheet. 2. Contractor's electronic media driven forms including continuation sheets in the same

format will be considered.

B. Continuation sheet(s): For each item, provide a column for listing each of the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in place under this application. 6. Authorized change orders. 7. Total completed to date of application. 8. Percentage of completion. 9. Balance to finish. 10. Retainage.


PART 3 EXECUTION

3.01 SCHEDULE OF VALUES PREPARATION AND SUBMITTAL PROCEDURES

A. As specified in the Instruction to Bidders, submit a Schedule of Values of the various portion of the Work, aggregating the total Contract Amount, divided so as to facilitate payments to subcontractors and materials suppliers in accordance with the project requirements.

B. Each item in the Schedule of Values shall be identified with the Specification section number that applies.

3.02 APPLICATION FOR PAYMENT PREPARATION AND SUBMITTAL PROCEDURES

A. Draft Copy of Application: 1. Seven calendar days before the date established for each progress payment, Contractor

shall prepare and submit to Architect and Owner a draft copy of the continuation sheets listing total percentage of completed Work for each item to date and the percentage complete for the previous approved application.

2. Support this draft by such data substantiating Contractor's right to payment as Architect and Owner may require, such as copies of requisitions for Subcontractors and material suppliers.

3. Progress payments shall be tied to the Progress Schedule. See Section 01 32 16.

B. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of Work performed.

C. Site Visit to Review Draft: 1. Owner, Architect, and Contractor shall meet at the Site to review Contractor's draft copy of

Payment Application OR Contractor may provide progress photos illustrating the percentage of work completed.

2. If Owner and Contractor cannot agree on percentage of Work complete, Owner will pay the amount for which Architect is able to substantiate to Owner.

D. Submit complete copy: Upon Owner's and Architect's acceptance of the percentage amount complete for each item, Contractor shall complete the entire application form, and submit this report to Architect: 1. Submit an updated Construction Schedule with each Application for Payment. 2. Owner may require submission of lien waivers. 3. Present required information in typewritten form. 4. Execute certification by signature of authorized officer of Contractor. 5. List each authorized Change Order as an extension on AIA G703 - Continuation Sheet,

listing Change Order number and dollar amount as for an original item of Work. 6. Payment Period: Submit at intervals stipulated in the Agreement but not more than one

submittal per calendar month unless approved by Owner. 7. Submit with transmittal letter listing all required items. 8. Submit Three (3) copies of signed and notarized Application for Payment.

E. Following Owner and Architect review and approval of the completed application, the application will be processed for payment.

F. Contractor shall promptly pay each Subcontractor, upon receipt of payment from Owner, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor in entitled, reflecting percentages actually retained from payments to Contractor on account of such Subcontractor's portion of the Work. Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner.

G. Owner shall have no obligation to pay or to see to the payment of money to a Subcontractor or material supplier except as may otherwise be required by law.


H. Decisions to Withhold Certification: 1. Owner may decide not to make payment or, because of subsequently discovered evidence

or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in Owner's opinion to protect Owner from loss because of: a. Defective Work not remedied. b. Third party claims filed or reasonable evidence indicating probable filing of such

claims. c. Failure of Contractor to make payments properly to Subcontractors or for labor,

materials, or equipment. d. Reasonable evidence that the Work cannot be completed for the unpaid balance of

the Contract Sum. e. Damage to Owner or another contractor. f. Reasonable evidence that the Work will not be completed within the Contract Time

and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.

g. Persistent failure to carry out the Work in accordance with the Contract Documents. 2. Progress payments may be withheld if Progress Record Documents are not current at the

time of Application for Payment. 3. When the above reasons for withholding certification are removed, certification will be

made for amounts previously withheld.

I. Failure of Payment: 1. If Owner does not pay Contractor within thirty (30) days after the date established in the

Contact Documents the amount agreed to by Contractor, Owner, and Architect or awarded by arbitration, then Contractor may, upon seven (7) additional days' written notice to Owner, stop the Work until payment of the amount owing has been received.

2. Contract Time shall be extended appropriately and Contract Amount shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay, and start-up, which shall be accomplished as provided in Section 01 26 00 - Contract Modification Procedures.

3.03 APPLICATION FOR PAYMENT FOR COMPLETION OF THE WORK

A. Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Owner and Architect will promptly make such inspection and, when Owner and Architect find the Work acceptable under the Contract Documents and the Contract fully performed, Owner will issue a final Certificate for Payment stating that to the best of Owner's knowledge, information and belief, and on the basis of Architect's observations and inspection, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due Contractor and noted in said final Certificate is due and payable.

B. Final payment for any retained percentage shall not become due until Contractor submits to Owner: 1. An affidavit that payrolls, bills for materials and equipment, and other indebtedness

connected with the Work for which Owner or Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied.

2. A certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to Owner.

3. A written statement that Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents.

4. Consent of surety, if any, to final payment. 5. If required by Owner, other data establishing payment or satisfaction of obligations, such

as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the contract, to the extent and in such form as may be designated by Owner.

C. If a Subcontractor refuses to furnish a release or waiver required by Owner, Contractor may furnish a bond satisfactory to Owner to indemnify Owner against such lien. If such lien remains unsatisfied after payment is made, Contractor shall refund to Owner all money that Owner may be compelled to pay in discharging such lien, including all cost and reasonable attorneys' fees.


D. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of Contractor or by issuance of Change Orders affecting final completion, Owner shall, upon application by Contractor, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. 1. If the remaining balance for Work not fully completed or corrected is less than retainage

stipulated in the Contract Documents, and if bonds and the written Consent of Surety has been furnished, Contractor shall submit to Architect an Application for Payment for that portion of the Work fully completed and accepted.

2. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

E. Acceptance of final payment by Contractor, a Subcontractor, or material supplier shall constitute a waiver of claims by the payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

3.04 APPLICATION FOR PAYMENT OF RETENTION

A. Procedure same as interim application process.

B. Application only after Project acceptance by governing board.

C. A certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by Owner shall not constitute acceptance of Work not in accordance with the Contact Documents.

D. Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders.

E. Such applications may not include requests for payment of amounts Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason.

F. Contractor warrants that title to all Work covered by an Application for Payment will pass to Owner no later than the time of payment. Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from Owner shall, to the best of Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

3.05 SUBSTANTIATING DATA

A. When Owner requires substantiating information, Contractor shall submit such data as Owner deems necessary to justify the dollar amounts in question.

B. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description.

END OF SECTION


SECTION 01 31 13

PROJECT COORDINATION

PART 1 GENERAL


A. Provide complete project coordination throughout the duration of the Contract, including the following: 1. Coordination of various Work elements. 2. Contacts. 3. Construction Mobilization. 4. Schedules. 5. Submittals. 6. Construction Documents. 7. Coordination Drawings. 8. Closeout Procedures.

1.02 COORDINATION

A. Coordinate scheduling, submittals, and Work of the various sections of the Project Manual to assure efficient and orderly sequence of installation of interdependent construction elements.

B. Verify that utility requirements and characteristics of operating equipment are compatible with utilities. Coordinate Work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

C. Coordinate space requirements and installation of Work as indicated on Drawings. 1. Follow routing shown for pipes. 2. Utilize spaces efficiently to maximize accessibility for other installation, for maintenance

and for repairs.

D. Coordinate, in cooperation with Owner, work by Owner's own forces and/or that of other contractors as outlined in Section 01 11 00. 1. Provide Owner, Owner's own forces, and separate contractor(s) reasonable opportunity for

introduction and storage of their materials and equipment and performance of their activities and connect and coordinate construction and operations with theirs as required by the Contract Documents.

2. If any part of Contractor's Work depends for proper execution or results upon the work of Owner or any separate contractor, Contractor shall, prior to proceeding with the Work, promptly report to Owner's Coordinator any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of Contractor to so report shall constitute an acceptance of Owner's or separate contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in such work by others.

3. Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible thereof.

4. Promptly remedy damage wrongfully caused by Contractor to completed or partially completed construction or to property of Owner or separate contractors as provided in Section 01 45 00.

5. Claims and other disputes and matters in question between Contractor and a separate contractor shall be subject to the provisions of Construction Contracts.

E. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROJECT COORDINATION 01 31 13-1

F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities.

1.03 CONTACTS

A. Owner's Project Representative/Coordinator: Gary Guy Wilson, AIA pc, Architects Mark V. Martino, AIA 4945 West Patrick Lane Las Vegas, Nevada 89118 Contact: 702-534-1822

B. All questions regarding Contract Documents shall be in written form and sent via email to Gary Guy Wilson, AIA, pc Architects, - Attention: Mark V. Martino, [email protected].

C. Wherever in this project manual it refers to Owner, Owner’s Representative and Contact, it shall refer to Gary Guy Wilson, AIA, pc, Architects, Mark V. Martino, AIA.

1.04 CONSTRUCTION MOBILIZATION

A. Cooperate with Owner in allocation of mobilization areas of site, for field offices and sheds, and for job site access, traffic, and parking facilities.

B. During construction, coordinate use of site and facilities through Owner/Owner’s Representative.

C. Comply with Architect's procedures for intra-project communications; submittals, reports and records, schedules, coordination drawings and recommendations; and resolution of ambiguities and conflicts.

D. Comply with instructions of Owner for use of temporary utilities and construction facilities.

E. Coordinate field engineering and layout work under instructions of the Architect.

1.05 SCHEDULES

A. Submit preliminary progress schedule in accordance with Section 01 32 16. Coordinate with Project Construction Schedule.

B. After review, revise and resubmit schedule to comply with revised Project Schedule.

C. During progress of Work, revise and resubmit Project Schedule with each Application for Payment.

1.06 SUBMITTALS

A. Submit preliminary shop drawings, product data, and samples in accordance with Section 01 33 00 for review and compliance with Contract Documents, for field dimensions and clearances, and for relation to work of separate contracts. Revise and resubmit as required.

B. Submit applications for payment forms for review and for transmittal to Architect.

C. Submit Requests for Interpretation of Contract Documents (RFI) and obtain instructions through the Architect.

D. Process request for substitutions and change orders through the Architect.



E. Deliver closeout submittals and preliminary inspection reports for review to the Architect.

1.07 CONSTRUCTION DOCUMENTS

A. Owner will furnish one (1) CD of Drawings and Project Manuals. Contractor may purchase additional sets.

1.08 COORDINATION DRAWINGS

A. Provide information required by Architect for preparation of coordination drawings.

B. Review drawings prior to submission to Architect.

1.09 CLOSEOUT PROCEDURES

A. Notify Architect when Work is considered ready for Substantial Completion. Accompany Owner and Architect on preliminary inspection to determine items to be listed for completion or correction in Contractor's Notice of Substantial Completion.

B. Comply with Architect's instructions to correct items of Work listed in executed Certificate of Substantial Completion. Coordinate with Owner for access to Owner-occupied areas.

C. Notify Architect when Work is considered finally complete. Accompany Owner and Architect on preliminary final inspection.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


SECTION 01 31 19

PROJECT MEETINGS

PART 1 GENERAL


A. Preconstruction Conference.

B. Progress Meetings.

C. Coordination Meetings.

D. Other Meetings.

1.02 PRECONSTRUCTION CONFERENCE

A. Purpose of Conference: Following Owner's issuance to Contractor of the Notice of Award and following Owner's receipt, review, and acceptance of Contractor's post award submittals, a Preconstruction Conference will be called for the purpose of reviewing the Contract Documents in detail, to set expectations of performance of all parties, and to set the date of the Notice to Proceed.

B. Comply with requirements in the Special Conditions for Preconstruction Conference.

1.03 PROGRESS MEETINGS

A. Purpose: To review project progress, update schedule, clarify questions concerning Work underway and plan for the future.

B. Frequency: Bi-Weekly or as agreed upon by Owner, Architect and Contractor for the duration of the Work, at a time mutually agreed upon by Owner, Architect, and Contractor.

C. Location: Job site office or as agreed upon by the Owner, Architect and Contractor.

D. Attendees: Team members consisting of: 1. Owner. 2. Architect. 3. Architect's consultants as applicable for work in progress or under discussion. 4. Contractors Project Manager. 5. Contractor's Superintendent. 6. Other parties appropriate to the Work in progress or under discussion.

E. General format: 1. During the Progress Schedule Update portion of the meeting, Contractor shall provide to

each team member a copy of Contractor's current Progress Schedule. 2. During the Status of Shop Drawings, Product Data, and Samples portion of the meeting,

Contractor shall provide to each team member a copy of Contractor's current Submittals Log, Request For Interpretation Log, and Request For Proposal Log.

F. Daily Manpower Reports: 1. Provide daily manpower reports of all subcontractors to be turned in at each bi-weekly

progress meeting. 2. Use the form provided at the end of this section.

G. Minutes: 1. Meetings may be recorded on tape.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROJECT MEETINGS 01 31 19-1

2. Meeting minutes will be written by Owner's designed representative and distributed to Team Members within five (5) calendar days following the meeting.

1.04 COORDINATION MEETINGS

A. Purpose: To coordinate the efforts of Contractor and others performing work on the Project. For example: Owners additional contractors.

B. Attendees: As listed above for the Progress Meetings plus the new party with work to perform.

1.05 OTHER MEETINGS

A. Project Manager will coordinate and conduct such additional special purpose meetings as may be required to realize timely problem resolution.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROJECT MEETINGS 01 31 19-2

TOWN OF PAHRUMP

CONTRACTOR’S DAILY MANPOWER & ACTIVITY REPORT

General Contractor Date

Subcontractor

Name of Project Page

Specification or Description Specification Number A.

B.

C.

D.

E.

Employee Names Hours Classification Pay Rate

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Brief Description of the Day(s) Activities

X

Construction Project Manager/General Superintendent Signature

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROJECT MEETINGS

01 31 19-3

SECTION 01 32 16

CONSTRUCTON PROGRESS SCHEDULE

PART 1 GENERAL

1.01 SUBMITTAL SCHEDULE

A. Prepare and keep current a schedule for the submittal of shop drawings, product data and samples, including Owner-furnished products.

B. Coordinate Submittal Schedule with Contractor’s Construction Schedule. 1. Allow Architect reasonable time to review submittals. 2. Indicate decision dates for selection of finishes.

1.02 CONSTRUCTION SCHEDULE

A. Contractor shall be responsible for planning, scheduling, and reporting the progress of Work to ensure timely completion of the Contract.

B. Prepare and submit for Architect's information, a Construction Schedule (bar chart and CPM) for the Work at the Pre-Construction Meeting. Construction Schedule shall: 1. Not exceed time limits currently under the Contract Documents. 2. Be related to the entire Project to the extent required by the Contract Documents. 3. Provide for expeditious and practicable execution of the Work.

C. Contractor’s Schedule shall be cost-loaded to reflect the bid amount. Perform work according to the approved schedule.

1.03 MONTHLY PROGRESS REPORT

A. Update the Construction Schedule monthly and submit to Owner along with monthly request for payment.

1.04 CASH FLOW PLAN

A. Prepare and submit in duplicate to Owner and Architect at the Pre-Construction Conference, a Cash Flow Plan for the entire performance period of the Contract.

PART 2 PRODUCTS 2.01 CONSTRUCTION SCHEDULE A. Bar Chart: Prepare and submit a computer generated horizontal bar chart with separate line for

each section of Work, identifying first work day of each week. B. Sequence of listings: 1. Show complete sequence of construction by specification section and subdivided as

required by activity. 2. Coordinate contents with Schedule of Values. 3. Identify each item with the applicable specification section number. C. Illustrate: 1. Order and interdependence of activities and sequence of work. 2. How the start of a given activity depends on completion of preceding activities. 3. How completion of the activity may restrain start of subsequent activities. 4. Complete sequence of construction by activity, identifying work of separate stages.

Kellog Park Water Line Installation June, 2014 Project No.: 14971319.01 CONSTRUCTION PROGRESS SCHEDULE 01 32 16 -1

2.01 DETAIL NETWORK SCHEDULE - MONTHLY REPORTS

A. Monthly Report shall: 1. Show the activities or portions of activities completed during the one month reporting

period and the portion completed on the Project to date, showing actual start and finish dates plus all future activities.

2. Include the percent complete and remaining duration at the Activity level. 3. State the actual quantity-to-date of materials or manpower expended and the amount or

percentage of revenue actually earned compared to the baseline as of the report date. 4. Include a summary of all activities sequenced by a total float from least to greatest float

and ordered by early start. 5. Include a detailed predecessor/successor analysis showing the predecessors, successors,

logic ties, and constraints for each activity scheduled. These activities shall be sorted by event numbers or activity numbers in ascending order.

B. Monthly Report shall be accompanied by a narrative description of job progress, problem area, current and anticipated delaying factors and their expected effect, and any corrective actions proposed or taken. 1. Narrative description shall also clearly identify any departures from earlier schedules

including, but not limited to, changes in logical sequence or logical times, constraints, changes in activity durations and changes, additions, or deletions in event numbers, activity numbers, and activity descriptions.

2. Include the reasons for each departure in the narrative description; corrective action to return to the original schedule shall be approved by Owner.

3. Additions and deletions of activities or milestone events shall be approved by Owner.

C. Extra Work or additional work scope shall be shown on an updated schedule.

D. The Cash Flow Plan shall be the Contractor's best estimate of monthly billings.

PART 3 EXECUTION

3.01 SUBMITTALS LOG

A. Include/ incorporate as specified in Section 01 33 00

B. The required schedules and reports shall be submitted to the Owner as follows: 1. Construction Schedule - 2 Originals 2. Detail Network Schedule/Diagram - 2 Originals 3. Revision to Detail Network Diagram - 2 Originals 4. Monthly Report - Original plus 2 copies of the narrative 5. Cash Flow Plan - 2 Originals may be requested by Owner

3.02 CONSTRUCTION SCHEDULE

A. Following submittal of a Construction Schedule, Owner will advise Contractor of the acceptability of the Construction Schedule.

B. If the Contract requires only a Construction Schedule, Contractor shall monitor the actual progress of the Contract against the schedule.

3.03 DETAIL NETWORK SCHEDULE AND MONTHLY REPORT

A. Submit the Detail Network Schedule for the Owner’s acceptance within seven (7) calendar days after the Construction Schedule in Part 2 is accepted.

B. Submit a Monthly Report of actual construction progress with the monthly pay request by updating the Schedule Report to reflect complete and in progress activities on the Project. Negative float shall be explained in detail. If the detailed Precedence Diagram requires


revision, either wholly or in part, Owner shall so direct Contractor and Contractor shall submit such revision within ten (10) calendar days.

C. Provide one electronic backup of the Precedence Diagram with each Monthly Report. The automated system software used by Owner will be Primavera. If Contractor uses software other than Primavera, Contractor shall furnish an unopened licensed disc package of the software to the Owner for use during the duration of the project. The software shall be IBM PC compatible and shall calculate “Earned-Value” compared to the Baseline Budget as opposed to Current Estimated Budget.

D. Update Cash Flow Plan and submit monthly to incorporate actual expenditures to date with the Application for Payment.

E. Provide a revised Cash Flow Plan for each executed Change Order.

3.04 SCHEDULE PROGRESS AND PAYMENT VALIDATION

A. No measurement or direct payment will be made for Contractor’s costs relating to preparation and submission of schedules and reports and revisions thereto, the cost being considered as included in the prices paid for Contract items.

B. Failure of Contractor to comply with the monthly updated schedule requirements specified herein, will be grounds for Owner to withhold an additional 10 percent of the monthly progress payments, in addition to the normal retention, until Contractor is in compliance. Upon compliance, additional money withheld will be paid to Contractor in the next scheduled monthly payment.

C. Activities denoting the completion of System or Equipment installations will be considered complete only after verified receipt of Operation & Maintenance Manuals, Certifications, Manufacturer’s Documents, and completed Inventory Forms provided by Owner. 1. Failure to provide the required documentation will result in the retention of 10 percent of

that month’s Payment Request until documentation is provided. 2. Upon compliance, retained monies will be paid with the next payment.

D. Acceptance of Contractor’s schedules by Owner is not to be construed as relieving Contractor of the obligation to complete the Work within the Contract time; or as granting, rejecting, or in any other way acting upon Contractor’s requests for adjustments to the date for completing Contract Work, or claims for additional compensation. Such requests shall be processed in strict compliance with other relevant provisions of the Contract.

E. Contractor shall participate in a review and evaluation of the proposed Construction Schedule, Detailed Network Schedule, and Monthly Updated Schedule by Owner. Revisions necessary as a result of the review shall be submitted to Owner within ten (10) calendar days after the review. The accepted Detail Network Schedule shall then be used by Contractor for planning, organizing, executing, and directing the Work and for reporting progress of Work accomplished.

F. Contractor shall provide a schedule of anticipated adverse weather delays based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the Project location, which will constitute the baseline for the total Contract time adverse weather delay evaluations. 1. Contractor’s progress schedule shall assume to anticipate this degree of adverse weather

delays in all weather dependent activities. 2. Monthly Report shall record actual weather delay days and correct the forecasted schedule

for anticipated delay days not used.

G. Provide written notification to Owner of the occurrence of adverse weather delay days and resultant impact to normally scheduled Work, within ten (10) calendar days of each occurrence, when such weather prevents Work on critical activities for 50 percent or more of Contractor’s scheduled workday.


1. A time extension may be granted when the number of actual adverse weather days calculated from the Notice To Proceed (NTP) date to the date Contractor asserts the request exceeds the total anticipated adverse weather delays.

2. Request for “Time Extension” will be governed by the Contract. 3. If Contractor wishes to assert additional claim(s) for time adjustment at a later date(s),

each succeeding claim shall address the time period from NTP date to the date of the request.

4. No compensation will be made for monetary damages due to adverse weather delay(s). 5. Supporting data from Daily Reports and Equipment Utilization Reports shall accompany

requests for additional time due to weather delays.

END OF SECTION


SECTION 01 32 33

PHOTOGRAPHIC DOCUMENTATION

PART 1 GENERAL

1.01 SUMMARY

A. Provide monthly photographs of site and construction throughout progress of Work.

1.02 SUBMITTALS

A. Deliver prints with pay request with transmittal letter.

B. Submit two (2) copies of each monthly photos.

1.03 QUALITY ASSURANCE

A. Qualifications: Photographs shall be produced by someone experienced in construction photography.

PART 2 PRODUCTS

2.01 PRINTS

A. Full color.

B. Paper Surface: Smooth, matte.

C. Contrast: High.

D. Size: 4-inch by 6-inch mounted for binder and tabs.

E. Identify each print on back with: 1. Name of project. 2. Contract number. 3. Phase. 4. Orientation of view. 5. Date and time of view. 6. Name and address of photographer. 7. Photographer's numbered identification of exposure.

PART 3 EXECUTION

3.01 CONSTRUCTION PHOTOGRAPHY

A. Take photographs each month of site and construction as evidence of existing project conditions.

B. Submit copies of each photo as specified above under Submittals.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PHOTOGRAPHIC DOCUMENTATION 01 32 33-1

C. Technique: 1. Provide factual presentation. 2. Provide correct exposure and focus, high resolution and sharpness, maximum

depth of field and minimum distortion.

D. Views: Provide a minimum of eight different views, acceptable to Owner.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PHOTOGRAPHIC DOCUMENTATION 01 32 33-2

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.01 SUMMARY

A. Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents.

B. Purpose of submittal items is to demonstrate for those portions of the Work for which submittals are required, the way Contractor proposes to conform to information given and design concept expressed in Contract Documents.

C. Section Includes: 1. Proposed Products List. 2. Submittal Schedule. 3. Shop Drawings. 4. Product Data. 5. Samples. 6. Manufacturer Installation Instructions. 7. Manufacturer Certificates. 8. Contractor's Actions. 9. Architect's Action.

1.02 DEFINITIONS

A. Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by Contractor, subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

B. Product Data are illustrations, standard schedules, performance charts, instruction brochures, diagrams, and other information furnished by Contractor to illustrate materials or equipment for some portion of the Work.

C. Samples are physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.

1.03 PROPOSED PRODUCTS LIST

A. Within seven (7) days after Preconstruction Conference, provide to Architect a list of the major Products proposed for use, with name of manufacturer, trade name, and model number of each product.

B. For Products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.

1.04 SUBMITTAL SCHEDULE

A. Within seven (7) days after preconstruction conference, prepare and submit to the Architect a list for the submittal of Shop Drawings, Samples and Product Data, including Owner-furnished Products. This list shall include: 1. Expected time for delivery to the Architect of each submittal. 2. Time allowed for the Architect's review. 3. Dates reviewed submittals will be required from the Architect.

Kellogg Park Water line Installation June, 2014 Project No.: 14971319.01 SUBMITTAL PROCEDURES 01 33 00-1

B. Keep current this list for the submittal of Shop Drawings, Product Data, and Samples, including Owner-furnished products. 1. List of Submittal of Shop Drawings shall be reviewed at Project Meetings. 2. Coordinate this list with the Contractor’s construction schedule. 3. Allow the Architect reasonable time to review submittals in accordance with paragraph

3.02D of this section. 4. Indicate decision dates for selection of finishes.

C. Conform to the most recent schedule.

1.05 SHOP DRAWINGS

A. Submit Shop Drawings in the form of one reproducible xerographic copy on vellum material transparency and four (4) opaque reproductions which will be retained by Architect.

B. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances.

1.06 PRODUCT DATA

A. Submit the number of copies of Product Data which Contractor requires, in 8-1/2-inch by 11-inch format, plus four (4) copies which will be retained by Architect.

B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project.

C. Indicate Product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances.

D. After review, distribute in accordance with the Submittal Schedule Article above and for Record Documents purposes described in Section 01 78 39.

1.07 SAMPLES

A. Submit Samples to illustrate functional and aesthetic characteristics of the Product with integral parts and attachment devices. Coordinate Sample submittals for interfacing Work.

B. Submit Samples of finishes from the full range of manufacturers' standard colors, or in custom colors selected, textures, and patterns for Architect's selection,

C. Include identification on each Sample with full Project Information.

D. Submit the number of Samples specified in individual specification sections, but not less than two (2) which will be retained by Architect.

E. Reviewed Samples which may be used in the Work are indicated in individual specifications sections.

1.08 MANUFACTURER INSTALLATION INSTRUCTIONS

A. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing to Architect in quantities specified for Product Data.

B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation.


1.09 MANUFACTURER CERTIFICATES

A. When specified in individual specification sections, submit certification by manufacturer to Architect, in quantities specified for Product data.

B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits and certifications as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 CONTRACTOR'S ACTIONS

A. Perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by Architect. Such Work shall be in accordance with approved submittals.

B. Submittals made by Contractor which are not required by the Contract Documents may be returned without action.

C. Review, approve, and submit to Architect Shop Drawings, Product Data, Samples, and similar submittals required by Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of Owner or of separate contractors. 1. Transmit each submittal with the form acceptable to Architect. 2. Sequentially number the transmittal form. Revise submittals with original number and a

sequential alphabetic suffix. 3. Identify project, Contractor, Subcontractor, or Supplier, pertinent drawing and detail

number and specification section number as appropriate. 4. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products

required, field dimension, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents.

5. Schedule submittals to expedite the Project and deliver to Architect at the location designated by Architect. Coordinate submission of related items.

6. For each submittal for review, allow fifteen (15) calendar days excluding delivery time to and from Contractor. Longer review times may be required for complex submittals involving major components or systems.

7. Clearly identify any variations from Contact Documents and product or system limitations. 8. Provide space for Contractor and Architect's review stamps. 9. Revise and resubmit. Identify all changes made since previous submission.

D. By approving and submitting Shop Drawings, Product Data, Samples, and similar submittals, Contractor represents that Contractor has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

E. Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals unless Contractor has specifically informed Architect in writing of such deviation at the time of submittal and Architect has given written approval to the specific deviation.


Contractor shall not be relieved of responsibility for errors or omission in Shop Drawings, Product Data, Samples, or similar submittals by Architect's approval thereof.

F. Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by Architect on previous submittals.

G. Informational submittals upon which Architect is not expected to take responsive action may be so identified in Contract Documents.

H. When professional certification of performance criteria of materials, systems, or equipment is required by Contract Documents, Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications.

3.02 ARCHITECT'S ACTION

A. Architect will review or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 1. Architect’s review of Contractor's submittals shall not relieve Contractor of the obligations

under other requirements of Contract Documents. 2. Architect’s review of a specific item shall not indicate approval of an assembly of which the

item is a component.

B. Architect's review shall not constitute approval of safety precautions or unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences, or procedures.

C. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of Contractor as required by Contract Documents.

D. Architect's action will be taken with such reasonable promptness and in conformance with approved submittal log as to cause no delay in the Work or in the activities of Owner, Contractor, or separate contractors, while allowing sufficient time to permit adequate review.

END OF SECTION


SECTION 01 42 13

ABBREVIATIONS AND ACRONYMS

4-PC 4 Phenyl Cyclohexene

AHC Architectural Hardware Consultant

AI Analog Input

AIA American Institute of Architects

AO Analog Output

AWG American Wire Gauge

BAS Building Automation System

BTU British Thermal Unit

CCU Central Control System

CD Conduit Distribution

CDs Construction Documents

CDC Certified Door Consultant

CEC Cation Exchange Capacity

COM Central Output Module

COS Change of State

CPVC Chlorinated Poly Vinyl Chloride

CRW Concrete Retaining Walls units

CV Constant Volume

DDC Direct Digital Control

DI Digital Input

DO Digital Output

EDP Electronic Data Processing

EMS Energy Management System

EPD Environmental Product Division

ER Equipment Room

ET EvapoTranspiration

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 ABBREVIATIONS AND ACRONYMS

01 42 13 - 1

SECTION 01 42 13


FCI Fire Control Instruments

FACP Fire Alarm Control Panel

FCR Fire Control Room

FLP Fail to Last Position

FMS Facility Management System

GUI Graphic User Interface

HVAC Heating, Ventilating & Air-Conditioning

IAQ Indoor Air Quality

IDC Initiation Device Circuits

I/O Input/Output

IP Internet Protocol

IPS Iron Pipe Size

LAN Local Area Network

LCD Liquid Crystal Display

LED Light Emitting Diodes

MC Main Cross-connect

MDF main Distribution Frame

MM Multi Mode

MNI Metasys Network Integrator

MSIP Multi-System Integration Platform

MZ Multizone

NAC Notification Appliance Circuit

NCM Network Control Module

NDL No Dollar Limit

NEXT Near End Cross Talk

NRP Non-Removable Pins

NTP Notice to Proceed Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 ABBREVIATIONS AND ACRONYMS

01 42 13 - 2

SECTION 01 42 13


OID Operator Interface Device or Operator Interface Display

OPC OLE for Process Control

P&ID’s Process and Instrumentation Diagrams

PCBs Polychlorinated biphenyls

PICS Protocol Implementation Conformance Statement

PID Proportional-Integral-Derivative

PLC Programmable Logic Controller

PMP Pressure Maintenance Pump

PMW Pulse Width Modulation

PSI Pounds per Square Inch

PVC Poly Vinyl Chloride

OWS Operator Workstation

QAA Quality Assurance Associate

RCDD Registered Communication Distribution Designer

RFI Request for Information

RT Ring-Tite

SCR Signal-to-Crosstalk Ratio

SLC Signal Line Circuits

SM Single Mode

SRW Segmental Retaining Wall units

STI Smart Terminal Interface

STP Shielded Twisted Pair

TC Telecommunication Closets

TCLP Toxic Characteristic Leaching Procedures

TCP Transmission Control Protocol

TR Telephone Room/Telecommunication Room Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 ABBREVIATIONS AND ACRONYMS

01 42 13 - 3

SECTION 01 42 13


UTP Unshielded Twisted Pair

VDC Volts of Continuous Current

VFD Variable Frequency Drive

VOC Volatile Organic Content

WAN Wide Area Network

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 ABBREVIATIONS AND ACRONYMS

01 42 13 - 4

SECTION 01 42 16

DEFINITIONS

Aggregate Mix Testing: Gradation testing shall be conducted by the approved testing firm. Two samples shall be taken from stockpile of material for approval before placement of aggregate begins. The testing firm shall also determine the maximum density per ASTM D1557. During placement of aggregate, one sample per day shall be taken for gradations. As Directed: As directed, in writing, by Owner. Backbone: Cabling and/or pathways used to interconnect equipment rooms. Building Height: “Building Height” shall mean the maximum height of a structure as measured from curb elevation to the highest point on the parapet. Category 3: Cabling and components which comply with all the applicable mechanical and electrical specifications for Category 3 cabling and connecting hardware as defined in ANSI/TIA/EIA568A Commercial Building Telecommunications Cabling Standard and TIA/EIA TSB67 Field Testing of Unshielded Twisted Pair Cabling Systems, as applicable. Category 6: Cabling and components which comply with all the applicable mechanical and electrical specifications for Category 6 cabling and connecting hardware as defined in ANSI/TIA/EIA 568A Commercial Building Telecommunications Cabling Standard and TIA/EIA TSB67 Field Testing of Unshielded Twisted Pair Cabling Systems, as applicable. Change Order: A written instrument prepared by Owner and signed by Owner, Contractor and Architect, stating their agreement upon a change in the Work which results in a change in the Contract Time and/or Contract Amount. Channel: End-to-end cabling from the desk top equipment to the equipment port in the equipment room, including all cabling, cross connects, patched, connectors, termination hardware and patch cables. Committee: “Committee” shall mean the Design Review Committee made up of End User and Real Property Management Project Representative. Concealed: Embedded in masonry or other construction, installed behind walls, furrings or within double partitions or installed within hung ceilings or under raised floors. Conduit or Cable Tray or Ladder Rack or Ladder Rack: The inclusion of all fittings, couplings, brushing, hangers, supports, sleeves, grounding hardware, etc.

Construction Change Directive: A written order prepared by Architect and signed by Owner and Architect, directing a change in the Work. Construction Change Directive allows the Work to proceed when Owner and Contractor do not agree upon a change to the Contract Sum or Contract Time required by a Change Order. Construction Change Directive requires agreement by Owner and Architect and may or may not be agreed to by Contractor. Design Criteria: “Design Criteria” shall mean “Design Guidelines for Clark County Owned Facilities” as established and as amended from time to time.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 DEFINITIONS

01 42 16 - 1

SECTION 01 42 16

DEFINITIONS

Drip and Emitter Irrigation: Defined as being the same process and procedure. The terms may be used interchangeably. Enhanced Performance: Cabling, termination hardware, Basic Links and Channels whose electrical characteristics are specified or otherwise defined to exceed the requirements for such characteristics defined in ANSI/TIA/EIA 568A Commercial Building Telecommunications Cabling Standard and TIA/EIA TSB67 Field Testing of Unshielded Twisted Pair Cabling Systems, as applicable. Equipment Rooms: Service Entrance Rooms, Telecommunications Closets, Data Closets, Telephone Closets, Server Rooms, IDF Closets, Computer Rooms, etc. Exposed: Not installed underground or CONCEALED as defined above. Extended Frequency: Cabling, termination hardware, basic links and channels who’s electrical characteristics are specified or otherwise defined for frequency ranges beyond those defined in ANSI/TIA/EIA 568A Commercial Building Telecommunications Cabling Standard and TIA/EIA TSB67 Field Testing of Unshielded Twisted Pair Cabling Systems, as applicable. Front Yard: “Front Yard” shall mean the area between the building setback and property line which parallels any street. Floor Area: “Floor Area” shall be gross floor area inclusive of all occupiable levels. High Fiber Count Cable: Cabling which contains 4 individual optical fibers under a common outer jacket. High Pair Count Cable: Cabling which contains 5 or more individual pairs of conductors under a common outer jacket.

In-Place Dry Density: Wherever the term "in-place dry density" is used, it shall mean the dry density as determined by (a) the ASTM D1556 methods for determining the density of soil by the sand cone method, or by (b) the ASTM D2922 method for determining the density of soil-in-place by the nuclear method and D3017 method for determining moisture content of soil-in-place by nuclear methods. Install: To move from property line, set in place, join, unite, fasten, link, attach, set up or otherwise connect together before testing and turning over to Owner or provider of equipment supplied under another division. Installations shall be complete and ready for regular operation. Link or Basic Link: End-to-end cabling from the work area outlet to the initial termination hardware in the equipment Owner: “Owner” shall mean the County.

Mixing Dampers: Includes Outside Air, Return Air, and Exhaust Air Dampers within an AH.

Modification: A Supplemental Instruction; A Change Order; A Construction Change Directive; or a written amendment to the Contract signed by Owner, Architect, and Contractor.


01 42 16 - 2

SECTION 01 42 16

DEFINITIONS

Net Parcel Area: “Net Parcel Area” shall mean the area of a Parcel as measured to the property line or right-of-way limits of any public or private street, railroad, or highway.

Optimum Moisture: Wherever the term "optimum moisture" is used, it refers to that moisture content determined to be the optimum for compaction by the ASTM D1557 compaction test method. Pathways: Conduits, cable trays, ladder racks, cable ladders, in -ceiling, under floor, riser or backbone cable routes, etc. Parking Areas: “Parking Areas” shall mean parking lots provided for passenger type vehicles located in the front of a Parcel and visible from the street.

Product Data: Illustrations, standard schedules, performance charts, instruction brochures, diagrams, and other information furnished by Contractor to illustrate materials or equipment for some portion of the Work. Provide or Furnish: To supply, purchase, transport, place, erect, connect, test and turn over to Owner, complete and ready for regular operation, the particular work referred to. Rear Yard: “Rear Yard” shall mean the area between the building setback and property line which is opposite of the Front Yard. When two Front Yards occur on a corner Parcel, the Rear Yard shall be opposite of the longest Front Yard.

Relative Compaction: Wherever the term "relative compaction" is used, it refers to the required in-place dry density of soil expressed as a percentage of the maximum dry density of the same soil type as determined by the ASTM D1557 compaction test method.

Relative Density: Wherever the term "relative density" is used, it refers to the required in-place density of a granular soil expressed as the ratio of (1) difference between the void ratio of a cohesion less soil in the loosest state and any given void ratio of (2) the difference between its void ratios in the loosest and densest states. Request for Information (RFI): Formal process used during construction phase to facilitate communication between Contractor and Architect or owner’s Representative with regard to requests for additional information and clarification of intent of Contract Documents (Drawings and Specifications). Samples: Physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged Service Areas: “Service Areas” shall mean areas and yards used for loading facilities, vehicle and trailer storage, storage of materials, products, or waste products and trash on developed Parcels. (Also known as outdoor storage.) Shop Drawings: Drawings, diagrams, schedules, and other data specially prepared fir the Work by Contractor, subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work


01 42 16 - 3

SECTION 01 42 16

DEFINITIONS

Side Yard: “Side Yard” shall mean the area between the building setback and property line which is generally perpendicular to the Front Yard. When two Front yards occur on a corner Parcel, the Side Yard shall be generally perpendicular to the longest Front Yard.

Supplemental Instruction: An order for a minor change in the Work issued by Architect involving no changes in the Contract Amount or Contract Time. Supply: To purchase, procure, acquire, and deliver complete with related accessories. System Workstation/Printer: The computer and printer utilized to access the system. This will be on-site if an on-site computer/printer is specified, otherwise it describes the head-end equipment located at the EMS department. Telecommunications Cabling System: Includes all cables, connectors, termination hardware, supports, cable trays, ladder racks, equipment cabinets and cable termination frames described herein and in the associated specifications sections. Termination Hardware: Jacks, plugs, connectors, couplers, patch panels and punch down blocks for copper or optical fiber cabling. Wiring or Cabling: The inclusion of all conductors, connectors, connections, terminations and termination hardware and all other items necessary and/or required in connection with such work. Work Area: The location of the telecommunications outlets in offices, equipment rooms, furniture systems, floor boxes, surface mounted boxed, poke-thru fittings, and so forth.

END OF SECTION


01 42 16 - 4

SECTION 01 42 19

REFERENCE STANDARDS

PART 1 GENERAL

1.01 REQUIREMENTS IN GENERAL

A. Comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work.

B. It is not Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if Contractor observes that portions of the Contract Documents are at variance therewith, Contractor shall promptly notify Owner in writing, and necessary changes shall be accomplished by appropriate Modification.

C. If Contractor performs Work knowing it to be contrary to laws, statues, ordinances, building codes, and rules and regulations without such notice to Architect and Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

D. Permits and Fees: Comply with requirements specified in the General Conditions.

E. Taxes: Comply with requirements specified in the General Conditions.

F. Business Regulations: 1. Comply with all federal, state, and local laws relative to conducting business in Clark

County including, but not limited to, licensing, labor, and health laws, and including NRS 338.010 through 338.180, as amended, if applicable.

2. The laws of the State of Nevada will govern as to the interpretation, validity, and effect of this bid, its award, and any contract entered into.


A. For products or workmanship specified by association, trade, or federal standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. Conform to reference standard by date of issue current on date of Contract Documents unless a date is specified in a technical section.

C. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding.

D. Contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.03 SCHEDULE OF REFERENCES

A. The following are definitions of abbreviations that occur, or may occur, elsewhere in these general requirements and technical requirements. Inclusion here of a reference to an industry standards group is for the purpose of the definition of the abbreviation. Inclusion in the work of this construction contract industry's standards group is referenced elsewhere in these general requirements and/or technical requirements.

AA Aluminum Association 818 Connecticut Avenue N. W. Washington, DC 20006

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 REFERENCE STANDARDS 01 42 19-1

AABC Associated Air Balance Council 1518 "K" Street N. W. Washington, DC 20005

AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street N. W. Washington, DC 20001

ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219

ADC Air Diffusion Council 230 North Michigan Avenue Chicago, IL 60601

AGC Associated General Contractors of America 1957 "E" Street N. W. Washington, DC 20006

AI Asphalt Institute Asphalt Institute Building College Park, MD 20740

AIA American Institute of Architects 1735 New York Avenue N. W. Washington, DC 20006

AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611

AISI American Iron and Steel Institute 1000 16th Street N. W. Washington, DC 20036

AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110

AMA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004

ANSI American National Standards Institute 1430 Broadway New York, NY 10018

APA American Plywood Association Box 11700 Tacoma, WA 98411

ARI Air-Conditioning and Refrigeration Institute 1501 Wilson Boulevard Arlington, VA 22209

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 1791 Tullie Circle N. E. Atlanta, GA 30329


ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017

ASPA American Sod Producers Association 4415 West Harrison Street Hillside, IL 60162

ASTM American Society for Testing and Materials. 1916 Race Street Philadelphia, PA 19103

AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206

AWPA American Wood-Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014

AWS American Welding Society 550 LeJeune Road N. W. Miami, FL 33135

AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235

BIA Brick Institute of America 11490 Commerce Park Drive Reston, VA 22091

CDA Copper Development Association 57th Floor, Chrysler Building 405 Lexington New York, NY 10174

CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue N. W. Washington, DC 20036

CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195

DHI Door and Hardware Institute 7711 Old Springhouse Road McLean, VA 22102

EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street N. W. Washington, DC 20005

EJMA Expansion Joint Manufacturers Association 25 North Broadway Tarrytown, NY 10591

FGMA Flat Glass Marketing Association White Lakes Professional Building 3310 Harrison Topeka, KS 66611


FM Factory Mutual System 1151 Boston-providence Turnpike P. O. Box 688 Norwood, MA 02062

FS Federal Specification General Services Administration Specifications and Consumer Information, Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC 20407

GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201

ICBO International Conference of Building Officials 5360 S. Workman Mill Road Whittier, CA 90601

IEEE Institute of Electrical and Electronics Engineers 345 East 47th Street New York, NY 10017

IMIAC International Masonry Industry All-Weather Council - International Masonry Institute 815 15th Street N. W. Washington, DC 20005

MBMA Metal Building Manufacturer's Association 1230 Keith Building Cleveland, OH 44115

MFMA Maple Flooring Manufacturers Association 60 Revere Drive Northbrook, IL 60062

MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120

ML/SFA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL 60601

NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601

NCMA National Concrete Masonry Association P. O. Box 781 Herndon, VA 22070

NEBB National Electrical Manufacturer's Association 2101 "L" Street N. W. Washington, DC 20037

NFPA National Fire Protection Association Battery March Park Quincy, MA 02269


NFPA National Forest Products Association 1619 Massachusetts Avenue N. W. Washington, DC 20036

NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave. N. W. Washington, DC 20036

NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL 60018

NWMA National Woodwork Manufacturers Association 205 W. Touhy Avenue Park Ridge, IL 60068

PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077

PCI Prestressed Concrete Institute 201 North Wells Street Chicago, IL 60606

PS Product Standard US Department of Commerce Washington, DC 20203

RIS Redwood Inspection Service One Lombard Street San Francisco, CA 94111

RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116th Avenue Bellevue, WA 98004

SDI Steel Deck Institute P. O. Box 9506 Canton, OH 44711

SDI Steel Door Institute 712 Lakewood Center North 14600 Detroit Avenue Cleveland, OH 44107

SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL 60601

SJI Steel Joist Institute 1205 48th Avenue North, Suite A Myrtle Beach, SC 29577

SMACNA Sheet Metal and Air Conditioning Contractors' National Association 8224 Old Court House Road Vienna, VA 22180

SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213


TCA Tile Council of America, Inc. Box 326 Princeton, NJ 08540

UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062

WCLIB West Coast Lumber Inspection Bureau 6980 S. W. Varns Road, Box 23145 Portland, OR 97223

WWPA Western Wood Products Association 1500 Yeon Building Portland, OR 97204

1.04 STATUTORY REQUIREMENTS FOR CONSTRUCTION CONTRACTS AND SUBCONTRACTS

A. Each Contractor or subcontractor shall comply with laws and all applicable standards, orders, or regulations issued pursuant thereto; including but not limited to the following: 1. The Copeland "Anti-Kickback" Act, as amended (18 USC 874) as supplemented in

Department of Labor regulations (41 CFR Chapter 60). 2. Nondiscrimination, Title VI of the Civil Rights Act of 1964 (PL 88-352), as amended, (42

USC 2000d) and the requirements imposed by the regulations of the Department of Commerce (15 CFR Part 8) issued pursuant to that title.

3. The Flood Disaster Protection Act of 1973 (PL 93-234), as amended. 4. Architectural Barriers Act (PL 90-480), 42 USC 4151, as amended. 5. Rehabilitation Act of 1973, 29 USC 794, Executive Order 11914. 6. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL

91-646, as amended) 15 CRF Part 916. 7. The National Environmental Policy Act of 1979 (PL 90-1890); the National Historic

Preservation Act of 1966 (80 Stat 915, 16 USC 470); and Executive Order No. 11593 of May 31, 1971.

8. Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).

9. Certification of Nonsegregated Facilities as Required by the May 9, 1967, Order (32 FR 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor.

10. The Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time.

11. The Power Plant and Industrial Fuel Use Act of 1978 (92 Stat. 3318. PL 95-620) relating to the conservation of petroleum and natural gas.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


SECTION 01 45 00

QUALITY CONTROL

PART 1 GENERAL


A. Quality Assurance - Control of Installation.

B. Uncovering of Work.

C. Correction of Work.

D. Nonconforming Work.

E. Owner’s Right to Stop the Work.

F. Owner’s Right to Carry Out the Work.

G. Tolerances.

H. Inspection and Testing Laboratory Services.

I. Manufacturers’ Field Services and Reports.

J. Safety Precautions and Programs.

K. City of Las Vegas Special Inspector or Third Party Special Inspector

1.02 REFERENCES

A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. Unless otherwise specified, reference to such standards or codes is solely for implementation of the technical portions of such standards and codes.

C. Wherever references are made in the Contract Documents to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the date for receiving bids shall apply, unless otherwise expressly set forth.

D. The contractual relationship, duties, and responsibilities of the parties in Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.03 QUALITY ASSURANCE - CONTROL OF INSTALLATION

A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce Work of specified quality.

B. Comply with manufacturers' instructions including each step in sequence.

C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding.

D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 QUALITY CONTROL 01 45 00-1

E. Perform work by persons qualified to produce workmanship of specified quality.

F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 UNCOVERING OF WORK

A. If a portion of the Work is covered contrary to Architect's request or to requirements specifically expressed in the Contract Documents, this Work shall, if required in writing by Architect, be uncovered for Architect's observation and be replaced at Contractor's expense without change in the Contract Time or additional cost to the Owner.

B. If a portion of the Work has been covered which Architect has not specifically requested to observe prior to its being covered, Architect may request to see such Work and it shall be uncovered by Contractor. 1. If such Work is in accordance with Contract Documents, costs of uncovering and

replacement shall, by appropriate Change Order, be charged to Owner. 2. If such Work is not in accordance with Contract Documents, Contractor shall pay such

costs unless the condition was caused by Owner or a separate contractor in which event Owner shall be responsible for payment of such costs.

3.02 CORRECTION OF WORK

A. Promptly correct Work rejected by Architect or failing to conform to Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear cost of correcting such rejected Work, including additional testing and inspections and compensation for Architect's services and expenses made necessary thereby.

B. If within one year after the commencement of warranties or by terms of an applicable special warranty required by Contract Documents, any of the Work is found to be not in accordance with Contract Documents, Contractor shall correct it promptly after receipt of written notice from Architect to do so unless Architect has previously given Contractor a written acceptance of such condition. 1. This period of one year shall be extended with respect to portions of Work first performed

after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.

2. This obligation shall survive acceptance of the Work under the Contract and the actual performance of the Work.

3. Architect shall give notice promptly after discovery of the condition. 4. This period of one year shall not limit the Owner's rights with respect to latent defects,

gross mistakes, or fraud.

C. Remove from the site, portions of the Work which are not in accordance with Contract Documents and are neither corrected by Contractor nor accepted by Architect.

D. If Contractor fails to correct nonconforming Work within a reasonable time, Owner may correct it. 1. If Contractor does not proceed with correction of such nonconforming Work within a

reasonable time fixed by written notice from Owner, Owner may remove it and store the salvageable materials or equipment at Contractor's expense.

2. If Contractor does not pay costs of such removal and storage within ten (10) days after written notice, Owner may, upon ten (10) additional days' written notice, sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,


after deducting costs and damages that should have been borne by Contractor, including compensation for Owner's services and expenses made necessary thereby.

3. If such proceeds of sale do not cover costs that Contractor should have borne, the Contract Sum shall be reduced by the deficiency.

4. If payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to Owner.

E. Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of Owner or separate contractors caused by Contractor's correction or removal of Work which is not in accordance with Contract Documents.

3.03 NONCONFORMING WORK

A. If Architect prefers to accept Work that is not in accordance with Contract Documents, Architect may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

B. Architect will have authority to reject Work that does not conform to Contract Documents. 1. Whenever Architect considers it necessary or advisable for implementation of the intent of

Contract Documents, Architect will have authority to require additional inspection or testing of the Work, whether or not such Work is fabricated, installed, or completed.

2. However, neither this authority of Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Architect to Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work.

3.04 OWNER'S RIGHT TO STOP THE WORK

A. If Contractor fails to correct Work which is not in accordance with Contract Documents or persistently fails to carry out Work in accordance with Contract Documents, Owner, by written order signed personally or by an agent specifically so empowered by Owner in writing, may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

B. Right of Owner to stop the Work shall not give rise to a duty on the part of Owner to exercise this right for the benefit of Contractor or any other person or entity.

3.05 OWNER'S RIGHT TO CARRY OUT THE WORK

A. If Contractor defaults or neglects to carry out the Work in accordance with Contract Documents and fails within a 7-day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, Owner may after such 7-day period give Contractor a second written notice to correct such deficiencies within a second seven-day period.

B. If Contractor within such second 7-day period after the receipt of such second notice fails to commence and continue to correct any deficiencies, Owner may, without prejudice to other remedies Owner may have, correct such deficiencies. 1. In such case an appropriate Change Order shall be issued deducting from payments, then

or thereafter, services and expense made necessary by such default, neglect or failure. 2. If payments then or thereafter due Contractor are not sufficient to cover such amounts,

Contractor shall pay the difference to Owner.

3.06 TOLERANCES

A. Monitor tolerance control of installed products to produce acceptable Work. Do not permit tolerances to accumulate.

B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding.


C. Adjust products to appropriate dimensions; position before securing Products in place.

3.07 INSPECTION AND TESTING LABORATORY SERVICES

A. Owner shall appoint, employ, and pay for specified services of an independent firm to perform inspecting and testing.

B. The independent firm will perform inspections, tests, and other services specified in individual specification sections and as required by Architect.

C. Inspecting, testing, and source quality control may occur on or off the project site. Perform off-site inspecting or testing as required by Architect.

D. Reports will be submitted by the independent firm to Architect, Owner, and Contractor indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents.

E. Cooperate with independent firm. Furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Owner and independent firm 48 hours prior to expected time of operations requiring

services. 2. Make arrangements with independent firms and pay for additional samples and tests

required for Contractor's use.

F. Testing or inspecting does not relieve Contractor of responsibility to perform Work to Contract requirements.

G. Retesting required because of non-conformance to specified requirements shall be paid by Contractor.

3.08 MANUFACTURES' FIELD SERVICES AND REPORTS

A. When specified in individual specification sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, and start-up of equipment as applicable and to initiate instructions when necessary.

B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.

C. Notify Owner and Architect seven (7) days prior to the arrival of all manufacturers’ field service representatives and provide name of individual and firm they represent.

3.09 SAFETY PRECAUTIONS AND PROGRAMS

A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract.

B. Take reasonable precautions for safety of, and provide reasonable protection to prevent damage, injury, or loss to: 1. Employees on the Work and other persons who may be affected thereby. 2. The Work and materials and equipment to be incorporated therein, whether in storage on-

or off-site, under care, custody, or control of Contractor or Contractor's Subcontractors or Sub-subcontractors.

3. Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

C. Give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury, or loss.


D. Erect and maintain, as required by existing conditions and performance of Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying Owners and users of adjacent sites and utilities.

E. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, exercise utmost care and carry on such activities under supervision of properly qualified personnel.

F. Promptly remedy damage and loss (other than damage or loss insured under property insurance required by Contract Documents) to property caused in whole or in part by Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which Contractor is responsible, except damage or loss attributable to acts or omissions of Owner or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of Contractor.

G. Designate a responsible member of Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated by Contractor in writing to Architect.

H. Do not load or permit any part of the construction or site to be loaded so as to endanger its safety.

I. Emergencies: In an emergency affecting safety of persons or property, Contractor shall act, at Contractor's discretion, to prevent threatened damage, injury or loss.

END OF SECTION


SECTION 01 45 29

TESTING LABORATORY SERVICES

PART 1 GENERAL

1.01 SUMMARY

A. Owner shall employ and pay for service of an independent testing laboratory to perform specified inspecting and testing. Retesting of failed tests shall be at Contractor’s expense.

B. Employment of testing laboratory in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents.

C. Section Includes: 1. Laboratory Responsibilities. 2. Laboratory Reports. 3. Limits on Testing Laboratory Authority. 4. Contractor Responsibilities. 5. Schedule of Inspections and Tests.

1.02 REFERENCES

A. ASTM C802 - Practice for Conducting Inter-laboratory Test Program to Determine the Precision of Test Methods for Construction Materials.

B. ASTM C1021 - Practice for Laboratories Engaged in the Testing of Building Sealants.

C. ASTM C1077 - Practice for Laboratories Testing Concrete and Concrete Aggregate for Use in Construction and Criteria for Laboratory Evaluation.

D. ASTM C1093 - Practice for Accreditation of Testing Agencies for Unit Masonry.

E. ASTM D290 - Practice for Bituminous Mixing Plant Inspection.

F. ASTM D3740 - Practice for Evaluation of Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction.

G. ASTM D4561 - Practice for Quality Control Systems for an Inspection and Testing Agency for Bituminous Paving Materials.

H. ASTM E329 - Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction.

I. ASTM E543 - Practice for Agencies Performing Nondestructive Testing.

J. ASTM E548 - Guide for General Criteria Used for Evaluating Laboratory Competence.


A. Comply with ASTM C802, ASTM C1021, ASTM C1077, ASTM C1093, ASTM D290, ASTM D3740, ASTM D4561, ASTM E329, ASTM E543, and ASTM E548.

B. Laboratory: Authorized to operate in State in which Project is located.

C. Testing Equipment: Calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards or accepted values of natural physical constants.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 TESTING LABORATORY SERVICES 01 45 29-1

1.04 LABORATORY RESPONSIBILITIES

A. Test samples of mixes submitted by Contractor.

B. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services.

C. Perform specified inspecting, sampling, and testing of Products in accordance with specified standards.

D. Ascertain compliance of materials and mixes with requirements of Contract Documents.

E. Promptly notify Architect and Contractor of observed irregularities or non-conforming Work or Products.

F. Perform additional inspections and tests as required by Architect.

G. Attend preconstruction meetings and progress meetings as required.

1.05 LABORATORY REPORTS

A. After each inspection and test, promptly submit a copy of laboratory report to Architect, Owner, and Engineer.

B. Include: 1. Date issued. 2. Project title and number. 3. Name of inspector. 4. Date and time of sampling or inspection. 5. Identification of product and specifications section. 6. Location in the project. 7. Type of inspection or test. 8. Date of test. 9. Results of test. 10. Conformance with Contract Documents.

C. When requested by Architect, provide interpretation of test results.

1.06 LIMITS ON TESTING LABORATORY AUTHORITY

A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents.

B. Laboratory may not approve or accept any portion of the Work.

C. Laboratory may not assume any duties of Contractor.

D. Laboratory has no authority to stop the Work.

1.07 CONTRACTOR RESPONSIBILITIES

A. Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs.

B. Cooperate with laboratory personnel and provide access to the Work and to manufacturers' facilities.


C. Provide incidental labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the site or at source of Products to be tested. 3. To facilitate tests and inspection. 4. To provide storage and curing of test samples.

D. Notify Owner and laboratory 24 hours prior to expected time for operations requiring inspecting and testing services.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 SCHEDULE OF INSPECTIONS AND TESTS

A. Comply with inspection and testing requirements specified in the individual specification sections.

END OF SECTION


SECTION 01 51 00

TEMPORARY UTILITIES

PART 1 GENERAL

1.01 SUMMARY

A. Arrange for, develop, and maintain all utilities in work areas to meet the requirements of the Contract Documents, at no additional cost to the Owner unless otherwise specified in the Contract Documents.

B. Section Includes: 1. Temporary Electricity. 2. Temporary Lighting for Construction Purposes. 3. Temporary Heat/Air Conditioning. 4. Temporary Ventilation. 5. Temporary Telephone Service. 6. Temporary Water Service. 7. Temporary Sanitary Facilities. 8. Removal of Utilities, Facilities, and Controls. 9. Protection of Property (Fire Prevention).

1.02 TEMPORARY ELECTRICITY

A. Cost: By Contractor. Provide and pay for power service required from utility service.

B. Provide temporary electric feeder from electrical service. Do not disrupt Owner's need for continuous service.

C. Complement existing power service capacity and characteristics as required.

D. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required.

E. Provide meter, main service disconnect, and over current protection at convenient location.

F. Permanent convenience receptacles may not be used during construction.

G. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting. 1. Provide 20 ampere duplex outlets, single phase circuits for power tools. 2. Provide 20 ampere, single phase branch circuits for lighting.

1.03 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES

A. Provide and maintain lighting for construction operations to achieve a minimum lighting level of 25 foot-candles.

B. Provide and maintain lighting level of 0.25 foot-candles for exterior staging and storage areas after dark for security.

C. Provide and maintain lighting of 1.0 foot-candles for interior work areas after dark for security purposes.

D. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 TEMPORARY UTILITIES 01 51 00-1

E. Maintain lighting and provide routine repairs.

1.04 TEMPORARY HEAT/AIR CONDITIONING

A. Provide and pay for heat and air conditioning as needed to maintain specified conditions for construction operations.

B. Prior to operation of permanent equipment for temporary cooling and heating purposes, verify that installation is approved for operation, equipment is lubricated, and filters are in place. Provide and pay for operations, maintenance, and regular replacement of filters and worn or consumed parts.

C. Maintain minimum ambient temperature of 60 degrees F in areas where construction is in progress, unless indicated otherwise in specifications.

1.05 TEMPORARY VENTILATION

A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases.

B. Use existing ventilation equipment. Extend and supplement equipment with temporary fan units as required to maintain clean air for construction operations.

1.06 TEMPORARY TELEPHONE SERVICE

A. Provide, maintain, and pay for telephone service to Contractor's field office at time of project mobilization.

B. Provide, maintain, and pay for facsimile service with a dedicated telephone line to the field office at time of project mobilization.

1.07 TEMPORARY WATER SERVICE

A. Provide, maintain, and pay for suitable quality service required for construction operations.

B. Extend branch piping with outlets located so water is available by hoses with threaded connections. Provide temporary pipe insulation to prevent freezing.

1.08 TEMPORARY SANITARY FACILITIES

A. Provide and maintain required facilities and enclosures.

B. Existing facility use is not permitted.

1.09 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS

A. Remove temporary utilities, equipment, facilities, and materials prior to the inspection for Final Completion.

B. Remove underground installations to a minimum depth of 5 feet. Grade site as indicated.

C. Clean and repair damage caused by installation or use of temporary work.

D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition.


1.10 PROTECTION OF PROPERTY (FIRE PREVENTION)

A. Comply with all federal, state, and local laws and regulations pertaining to burning, fire prevention, and control within or adjacent to the project. Take necessary precautions to avoid and eliminate fire hazards.

B. Tarpaulins used for any purpose during construction shall be made of material resistant to fire, water, and weather and shall bear UL labels. Lighting of fires on premises is strictly forbidden.

C. Provide portable fire extinguishers compatible with the hazard of each work area and shall instruct personnel in their location and use.

D. Wherever welding and burning are conducted, protect flammable materials and provide a fire watch during burning and welding operation to ensure that protective measures are taken and no fires result from such operation. Fire watch shall have fire extinguisher equipment readily available and the know-how for proper use.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


SECTION 01 55 00

VEHICULAR ACCESS AND PARKING

PART 1 GENERAL


A. Access Roads.

B. Parking Areas.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 ACCESS

A. Provide and maintain access to any existing fire hydrants free of obstructions.

3.02 PARKING AREAS

A. Maintain vehicular access to and through parking areas, access by emergency vehicles, and Owner's operations.

B. Control vehicular parking to prevent interference with public traffic and parking, prevent parking on or adjacent to access roads, on existing pavement, or in non-designated areas. When Project Site space is not adequate, provide additional off-site parking in locations approved by Owner.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 VEHICULAR ACCESS AND PARKING 01 55 00-1

SECTION 01 55 26

TRAFFIC CONTROL

PART 1 GENERAL

1.01 SUMMARY

A. Provide work zone traffic control devices conforming to the requirements of the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) as well as the Nevada Work Zone Traffic Control Handbook, unless otherwise indicated on the Drawings or by the Specifications.

B. Section Includes: 1. Signs, signals, and devices. 2. Traffic signs and signals. 3. Removal.

1.02 REFERENCES

A. Manual on Uniform Traffic Control Devices, 1988, published by the U.S. Department of Transportation, Federal Highway Administration, and revisions thereto.

B. Nevada Work Zone Traffic Control Handbook, published by the Nevada Department of Transportation, current latest edition.

C. Uniform Standard Specifications for Public Works' Construction, Off-Site Improvements, Clark County Area, Nevada, most recent edition.

PART 2 PRODUCTS

2.01 SIGNS, SIGNALS, AND DEVICES

A. Provide post mounted and wall mounted traffic control and information signs as specified in the Uniform Standard Specifications and in Section 01 58 13.

B. Traffic barricades, cones and drums, flares, and lights: As approved by local jurisdictions.

C. Flagger Equipment: As required by local jurisdictions.

PART 3 EXECUTION

3.01 TRAFFIC SIGNS AND SIGNALS

A. Install at approaches to site. On-site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic.

B. Relocate as Work progresses to maintain effective traffic control.

C. Provide trained and equipped flag persons to regulate traffic when construction operations or traffic encroach on public traffic lanes.

D. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic.

E. Consult with authority having jurisdiction, establish public thoroughfares to be used for haul routes and site access.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 TRAFFIC CONTROL 01 55 26-1

F. Confine construction traffic to designated haul routes.

G. Provide traffic control at critical areas of haul routes to regulate traffic and to minimize interference with public traffic.

3.02 REMOVAL

A. Remove equipment and devices when no longer required.

B. Repair damage caused by installation.

C. Remove post settings to a depth of two (2) feet and restore area.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 TRAFFIC CONTROL 01 55 26-2

SECTION 01 57 00

TEMPORARY CONTROLS

PART 1 GENERAL

1.01 SUMMARY

A. Provide and maintain methods, equipment, and temporary construction, as necessary to provide control over environmental conditions at construction site and related areas under Contractor's control.

B. Remove physical evidence of temporary facilities upon completion of Work.

C. Section Includes: 1. Water Control. 2. Dust Control. 3. Noise Control. 4. Pest Control. 5. Pollution Control. 6. Exterior and Interior Enclosures. 7. Indoor Air Quality Control.

1.02 REFERENCES

A. Air Pollution Regulations: Clark County Department of Air Quality Management Air Pollution Control Regulations and Section 94 Handbook, Clark County Health District, most recent edition.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 WATER CONTROL

A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. Protect site from puddling or running water.

B. Plan and execute construction by methods to control surface drainage from cuts, fills, borrow, and waste disposal areas. Minimize amount of bare soil exposed at one time.

C. Take measures necessary to control surface water and prevent damage to Project, site, and adjoining properties.

D. Prevent erosion and sedimentation. Provide water barriers as required to protect site form soil erosion. Provide temporary measures such as berms, dikes, and drains to prevent water flow.

E. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays.

F. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures.

3.02 DUST CONTROL

A. Perform construction operations so as not to discharge into the atmosphere from any source whatever 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 including but not limited to: 1. Nevada Revised Statute 445: Air Quality Regulation.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 TEMPORARY CONTROLS 01 57 00-1

2. Registering with the Clark County Department of Air Quality Management, any equipment requiring operating permits by said Department.

3. Adhering to all Clark County Department of Air Quality Management Regulations.

B. Provide positive methods and application of dust control materials as necessary to minimize dust from construction operations.

C. For projects located in Clark County, Nevada, provide positive means to prevent airborne dust from dispersing into atmosphere. 1. Contact the Clark County Department of Air Quality Management regarding special

considerations concerning air quality requirements in Clark County, including the dust control regulations and permit procedures effective as of January 1, 2001.

2. Comply with rules, regulations, special stipulations, and laws pertaining to air quality.

D. Adhere to the latest edition of the District Board of Health of Clark County Air Pollution Control Regulations and the Section 94 Handbook as published by the Clark County Health District. 1. If a Dust Control Permit is required, obtain an approved Dust Control Permit and, if

applicable, an approved Dust Mitigation Plan prior to commencing construction. 2. The cost of the Dust Control Permit and, if applicable, a Dust Mitigation Plan shall be

considered as included in the price paid for other items of Work and no separate payment will be made for dust control measures.

3. No time extension shall be granted for time lost due to the suspension of the Work for any violation of the Air Pollution Control Regulations.

E. Specific Control Measures and Best Management Practices are outlined in the Section 94 Handbook. 1. Determine the applicability of any and all Control Measures to ensure compliance with the

latest edition of the Air Pollution Control Regulations and the Section 94 Handbook. 2. Conduct the work to control fugitive dust and employ the necessary control measures to

maintain disturbed soil twenty-four (24) hours per day, seven (7) days per week for the duration of the project, as required by the Air Pollution Control Regulations.

F. Comply with all mitigation requirements for dust control and indemnify the Owner against any and all liability arising out of this responsibility and for any and all Clark County Department of Air Quality Management-imposed fines that may be assessed for violating the Dust Control Permit or Air Pollution Control Regulations.

G. Obtain Owner's approval of a designated area for storage of materials and equipment during the term of the Contract. Provide effective dust control measures in the designated area during the Contract, including application of Best Available Control Measures (BACM) as necessary to minimize fugitive dust from the site. Measures to be used include one or a combination of the following methods: 1. Maintain sufficiently damp soil conditions to prevent visible fugitive dust emissions. 2. Develop and maintain soil surface crust by water application or other appropriate methods. 3. Cover soil with clean gravel to treat with a dust suppressant.

H. Continue to provide control measures described above beyond the Contract completion time. 1. Conduct daily inspections for at least six (6) months after project completion, maintaining

records for that time period. 2. Inspections shall be for crusted or damp soil conditions, dust suppressant application,

water application, cleanup measures, and so forth.

3.03 NOISE CONTROL

A. Provide methods, means, and facilities to minimize noise produced by construction operations including but not limited to radios.


3.04 PEST CONTROL

A. Provide methods, means, and facilities to prevent pests, insects, and rodents from accessing or invading the site and/or damaging the Work.

3.05 POLLUTION CONTROL

A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations.

3.06 EXTERIOR AND INTERIOR ENCLOSURES

A. Provide temporary weather tight closure of exterior openings, including temporary roofing to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections, and to prevent entry of unauthorized person. Provide access doors with self-closing hardware and locks.

B. Provide temporary partitions and/or ceilings as indicated and/or required below under Indoor Air Quality Control to: 1. Separate work areas from Owner-occupied areas. 2. Prevent penetration of dust and moisture into Owner-occupied areas. 3. Prevent damage to existing materials and equipment.

3.07 INDOOR AIR QUALITY CONTROL

A. Installation of Temporary Vapor and Particulate Barriers: 1. Construct a 6-mil (minimum) plastic barrier secured to floor and ceiling in a manner that

essentially creates an airtight barrier between construction zone and occupied zone. 2. Continue barrier into the open return air plenum when such a system is in place. If the

area does not use an open return air plenum, then a barrier in the plenum cavity above the drop ceiling is usually not necessary.

3. Thoroughly investigate all pollutant pathways and temporarily seal with a barrier to prevent pollutant migration.

B. Negative Pressure Differential: 1. Adjust the existing air system to effectively create a negative pressure differential between

the construction zone and the occupied zone. 2. This could be achieved by shutting down the A/C system servicing the construction area

during the entire remodel process. 3. If A/C in the construction zone cannot be shut down because it is also servicing the

occupied zones, implement a means to provide a negative differential by acquiring the expertise of a mechanical subcontractor, at no additional cost to Owner.

4. Task the subcontractor to modify existing supply and return air values so that the construction zone has a negative pressure differential as compared to the occupied zones.

5. Pressure differential shall be configured to prevent odors and particles from migrating to occupied portions of the building via various voids in the building system.

6. Negative pressure may also be achieved by installing and using temporary exhaust fans, installed in the construction zone and vented to the outdoors. This method is the least energy efficient and shall be approved by Owner prior to implementation.

7. Provide negative pressure differential prior to beginning demolition and construction activity.

C. Chemical Use and Submittal Review: 1. Carefully select all chemical solvents, adhesives, paints, lacquers, and so forth intended for

use during remodel projects. 2. At no additional cost to Owner, provide for the review of Material Safety Data and Product

Data information by a qualified environmental consultant or safety professional, acceptable


to Owner, trained to recognize chemicals that may off gas long after the project’s completion and pose a subsequent health risk to occupants.

3. Avoid the misuse and subsequent migration of odors associated with chemicals used in construction by carefully selecting environmentally safe chemicals.

D. HVAC System Protection and Cleaning: 1. Protect HVAC against contamination by drywall dust, demolition dust, paint and texture

overspray, and similar sources by implementing effective engineering controls acceptable to Owner.

2. If construction activities cause contamination of the HVAC system with foreign matter, Contractor shall provide for completely cleaning the entire system by a duct cleaning organization certified by the National Air Duct Cleaners Association (NADCA) and replace controls damaged by the lack of adequate protection.

END OF SECTION


SECTION 01 58 13

TEMPORARY PROJECT SIGNAGE

PART 1 GENERAL


A. Project Construction Signs.

B. Project Identification Monument Signs.

1.02 SUBMITTALS

A. Submittals: Comply with Section 01 33 00.

B. Submit for review and approval by Owner’s representative, drawings and specifications for Project Construction Signs, Dedication Plaques and Project Identification Monument Signs.

1. Show content, layout, lettering, color, foundation, structure, sizes, and grades of members.

2. Comply with attached examples.

1.03 PROHIBITION AGAINST OTHER SIGNS

No other sign(s) shall be allowed without permission of the Owner’s representative; except those required by this section or by law.

PART 2 PRODUCTS

2.01 Project Construction Sign(s): see attachments for manufacture and installation of required sign(s).

2.02 Project Identification Monument Sign(s): see attachments for manufacture and installation of required sign(s).

PART 3 EXECUTION

3.01 PROJECT CONSTRUCTION SIGN (S)

A. Project Construction Sign(s); The Contractor shall provide; install at a location(s) designated by the Owner’s representative; maintain thru the construction period; remove at the completion of construction and properly dispose, off-site; a standard design, project construction sign(s) as shown in the drawings and installation details attached to this Section. Project construction sign(s) are required on all Clark County construction and renovation projects.

B. No other Project Construction Sign(s) will be permitted. The Contractor will be permitted an allowance per required project construction sign, as shown, on the bid schedule that will provide for all of the cost related to the project construction sign, including but not limited to the following: ordering, pick-up and delivery, installation, maintenance, removal and disposal.

C. The Contractor shall have the Project Construction Sign(s) constructed and installed within ten (10) calendar days of the Notice To Proceed.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 TEMPORARY PROJECT SIGNAGE

01 58 13-1

SECTION 01 58 13

TEMPORARY PROJECT SIGNAGE D. The Contractor shall have the Project Construction Sign(s), framing, supports

and foundations removed from the project site at the completion of the Project, within seven (7) calendar days after notification by the Owner’s Representative.

3.02 PROJECT IDENTIFICATION MONUMENT SIGN(S)

A. Project identification Monument Signs: The Contractor shall provide; install at the location(s) designated by the Project Plans, project identification, monument sign(s) as shown in the drawings and installation details attached to this section.

B. The Contractor shall be responsible for providing all required footing and structural calculations prepared by a State of Nevada, licensed professional engineer; making application, securing and paying for all required permits and inspections required by the governing jurisdiction of the project site location.

END OF SECTION


01 58 13-2

SECTION 01 58 13


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01 58 13-4

SECTION 01 58 13


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01 58 13-5

SECTION 01 58 13


Top Panel text (if applicable):

Owner: TOWN OF PAHRUMP

Left Panel Text:

THIS IS A PREVAILING WAGE PROJECT

The hourly labor rates for this project are determined by the State of Nevada. Information on the rates can be obtained

by calling the Office of the Labor Commissioner at (702) 486-2650.

Reference PWP# ___________.

Right Panel Text:

ESTE ES UN PROJECTO DE SALARIOS DETERMINADOS

El salario laboral correspondiente por hora es determinado

por El Estado de Nevada. Información acerca de los salarios puede ser obtenida llamando a la Comisión Laboral

al (702) 486-2650. Numero PWP de referencia ___________.


01 58 13-6

SECTION 01 58 13


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01 58 13-8

SECTION 01 60 00

PRODUCT REQUIREMENTS

PART 1 GENERAL


A. Transportation and Handling.

B. Storage and Protection.

1.02 TRANSPORTATION AND HANDLING

A. Transport, handle, receive, and unload Products in accordance with manufacturer's instructions.

B. Promptly inspect shipments to ensure that: 1. Products comply with requirements. 2. Quantities are correct. 3. Products are undamaged.

C. Provide equipment and personnel to handle Products by methods to prevent soiling, disfigurement, and/or damage.

1.03 STORAGE AND PROTECTION

A. Materials and equipment required for performance of the Work: 1. Store and protect in a secure place in accordance with manufacturer's instructions, with

seals and labels intact and legible. 2. Deliver from storage to construction site according to Contract Documents.

B. Store sensitive Products in weather tight climate controlled enclosures. Store materials and equipment subject to degradation by exposure in a suitable enclosure provided by Contractor.

C. For exterior storage of fabricated Products, place on sloped supports, above ground.

D. Cover Products subject to deterioration with impervious sheet covering. Prevent mixing with foreign matter.

E. Store loose granular materials on solid flat surfaces in well-drained area. Prevent mixing with foreign matter.

F. Arrange storage of Products to permit access for inspection. Periodically inspect to verify Products are undamaged and are maintained in acceptable condition.

G. Provide bonded off-site storage and protection when site does not permit on-site storage or protection.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PRODUCT REQUIREMENTS 01 60 00-1

SECTION 01 71 33

PROTECTION OF ADJACENT CONSTRUCTION

PART 1 GENERAL

1.01 SUMMARY

A. Protect existing utilities and improvements not designated for removal.

B. Restore damaged or temporarily relocated utilities and improvements to condition equal to or better than condition prior to such damage or temporary relocation in accordance with Contract Documents.

C. Verify exact locations and depths of utilities shown and make exploratory excavations of utilities that may interfere with Work. 1. Perform exploratory excavations as soon as practicable after award of Contract and in

sufficient time in advance of construction to avoid possible delays to Contractor's Work. 2. When exploratory excavations show utility location as shown to be in error, notify Owner.

D. Number of exploratory excavations shall be sufficient to determine alignment and grade of existing utilities.

1.02 REFERENCES

A. Standard Specifications: Uniform Standard Specifications for Public Works' Construction, Off-Site Improvements, Clark County Area, Nevada, most recent edition. 1. Comply with referenced sections and subsections of Standard Specifications. 2. Contractual, measurement, and payment provisions of Standard Specifications do not

apply.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 CONSTRUCTION INTERFERENCES

A. Contractor's responsibilities regarding existing utilities and construction interferences shall be in accordance with Subsection 105.06 of the Standard Specifications, with the following additional provisions.

B. Construction interferences include: 1. Utility or service connections within limits of excavation or over-excavation required for

Work under Contract. 2. Utility or service connections located in space required by Work under Contract. 3. Utility or service connections required to be disturbed or removed to permit construction as

specified under Contract. a. Disturb or remove only with approval of Owner and following notification to owner of

interfering utility or service connection. b. Promptly reconstruct removed or disturbed utility or service connections in original or

other authorized location in condition at least as good as prior to such removal or disturbance, subject to inspection of owner of same.

Kellogg park Water Line Installation June, 2014 Project No.: 14971319.01 PROTECTION OF ADJACENT CONSTRUCTION 01 71 33-1

C. Contractor's responsibility to remove or replace shall apply even in event damage or destruction occurs after backfilling. Notify owner of utility or service connection immediately after damage or destruction occurs or is discovered.

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

E. Contractor shall not be held responsible for failure to complete Work on time to extent that such delay was caused by failure of owner or of agency having jurisdiction over utility or service connection to authorize or otherwise provide for its removal, relocation, protection, support, repair, maintenance, or replacement.

F. Exercise extreme care so as not to damage existing utilities and/or new and existing facilities that do not physically constitute construction interference. 1. Use equipment of such weights throughout construction operations that existing buried

utilities and/or new and existing facilities are not damaged by excessive loadings thereon. 2. Be responsible for costs of repair and/or replacement of new or existing facilities damaged

by operations, as determined by Owner.

G. Prior to trenching, contact "CALL BEFORE YOU DIG" 1-800-227-2600 to determine location of existing utilities. 1. Repairs to be made shall include appropriate warranties for that portion of utility deemed

damaged. 2. Costs for repair of damaged utilities: Responsibility of Contractor.

H. Contractor acknowledges that utility companies may not be members of USA System and, therefore, not automatically contacted by referenced telephone number. 1. Be aware of utility company facilities not reported by USA System, and bear damages

stemming from repair or delay costs or other expenses resulting from unanticipated discovery of underground utilities.

2. Notify the following utilities at least two working days in advance of commencement of Work at site to examine construction site and mark location of utilities' respective facilities. Verify that each utility has responsibly responded to notification. a. VALLEY ELECTRIC ASSOCIATION INC. – Bill Matheson, phone 775-727-5312. b. UTILITIES INC. OF CENTRAL NEVADA – Phone 775-727-7752. c. DESERT UTILITIES INC. – Phone 775-751-1368. d. PAHRUMP UTILITY COMPANY – Phone 775-751-1368. e. AT&T NEVADA RIGHT-A-WAY DEPT. – Brent Howerton, phone 775-333-4379. f. CABLE MANAGEMENT ASSOCIATES – Dennis Husa, phone 702-298-3214 g. PAHRUMP VALLEY DISPOSAL – 775-727-5777.

3. If above telephone numbers are changed, Contractor is not relieved of responsibility for notifying various utilities.

3.02 OVERHEAD POWER LINE SAFETY LAW

A. Overhead Power Line Safety Law: The Nevada Legislature enacted NRS 455.200 to 455.250 requiring utilities be notified and give consent before Work is performed near overhead power lines.

B. Call Valley Electric Association Inc. prior to working with hand tools or operating equipment near overhead power lines.

C. If necessary, additional conditions may be required by Valley Electric Association Inc. before consent to do the Work is given; these could include: 1. Reasonable limits on the time, place, and manner of the Work. 2. Placing barriers to prevent contact with the lines.


3. Temporarily disconnecting the power to the lines.

D. Work to be done by Valley Electric Association Inc. as a result of these conditions shall be started within 5 working days of: 1. Receiving notice of Work planned near an overhead line, or 2. Executing an agreement on payment for preventative work needed to meet these

conditions.

E. Penalties of up to $1,000 per day could be imposed for violation of this law. Call Valley Electric Association Inc. with questions regarding this law.

F. Contractor performing the Work in the vicinity of the overhead line carrying high voltage shall pay actual expenses incurred by the public utility in carrying out the preventative measures required.

3.03 PROTECTION OF STREET OR ROADWAY MARKERS

A. Do not destroy, remove, or otherwise disturb existing survey markers or other existing street or roadway markers without proper authorization.

B. Do not start pavement breaking or excavation until survey or other permanent marker points that will be disturbed by construction operations have been properly referenced for easy and accurate restoration.

C. Survey markers or points disturbed by Contractor without proper authorization shall be accurately restored at Contractor's expense after street or roadway resurfacing has been completed.

3.04 RESTORATION OF PAVEMENT

A. Replace paved areas, including asphaltic concrete berms cut or damaged during construction, with similar materials and of equal thickness to match existing adjacent undisturbed areas, except where specific resurfacing requirements have been called for in Contract Documents or in requirements of agency issuing permit.

B. Temporary and permanent pavement shall conform to requirements of owner of affected pavement.

C. Neatly saw cut in straight lines pavements which are subject to partial removal.

D. Comply with Subsection 208.03.05 of the Standard Specifications.

END OF SECTION


SECTION 01 73 23

FIELD ENGINEERING PART 1 – GENERAL


A. Survey Record Documents.

B. Examination and Survey Reference Points.

C. Survey Requirements.


A. Employ a Land Surveyor registered in the state of Nevada to perform survey work of this section.

1.03 SUBMITTALS FOR INFORMATION

A. Submit name, address, and telephone number of Surveyor before starting survey work.

1.04 SURVEY RECORD DOCUMENTS

A. Maintain a complete and accurate log of control and survey work as it progresses.

B. On completion of foundation walls and major site improvements, prepare a certified survey illustrating dimensions, locations, angles, and elevations of construction and site work when required by Owner.

C. Submit Record Documents under provisions of Section 01 78 39.

PART 2 – PRODUCTS

Not Used

PART 3 – EXECUTION

3.01 EXAMINATION

A. Verify locations of survey control points prior to starting work.

B. Promptly notify Architect of any discrepancies discovered.

3.02 SURVEY REFERENCE POINTS

A. Locate and protect survey control and reference points.

B. Protect survey control points prior to starting site work; preserve permanent reference points during construction.

C. Promptly report to the Architect the loss or destruction of any reference point or relocation required because of changes in grades or other reasons.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 FIELD ENGINEERING 01 71 23-1

D. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Architect.

3.03 SURVEY REQUIREMENTS

A. Provide field engineering services. Use recognized engineering survey practices.

B. Establish a minimum of two permanent bench marks in widely separate locations on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents.

C. Establish elevations, line, and levels. Locate and lay out by instrumentation and similar appropriate means:

1. Site improvements including pavements, stakes for grading, fill, and topsoil placement, utility locations, slopes, and invert elevations.

2. Grid or axis for structures. 3. Building foundation, column locations, ground floor elevations, and existing

structure where new work connects.

D. Periodically verify layouts by same means.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 FIELD ENGINEERING 01 71 23-2

SECTION 01 73 29

CUTTING AND PATCHING

PART 1 GENERAL

1.01 SECTIONS INCLUDES

A. Cutting, fitting, and patching required to complete the Work or to make its parts fit together properly.

1.02 SUBMITTALS

A. Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate contractor.

B. Include in request: 1. Identification of Project. 2. Location and description of affected Work. 3. Necessity for cutting or alteration. 4. Description of proposed Work and Products to be used. 5. Alternatives to cutting and patching. 6. Effect on work of Owner or separate contractor. 7. Written permission of affected separate contractor. 8. Date and time Work will be executed.

1.03 REQUIREMENTS AND LIMITATIONS

A. Do not damage or endanger a portion of the Work or fully or partially completed construction of Owner or separate contractors by cutting, patching, excavation, or otherwise altering such construction.

B. Do not cut or otherwise alter such construction by Owner or a separate contractor except with written consent of Owner and of such separate contractor. 1. Such consent will not be unreasonably withheld. 2. Do not unreasonably withhold from Owner or a separate contractor, Contractor's consent

to cutting or otherwise altering the Work.

PART 2 PRODUCTS

2.01 MATERIALS

A. Primary Products: Those required for original installation.

PART 3 EXECUTION

3.01 EXAMINATION

A. Examine existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching.

Kellog Park Water Line Installation June, 2014 Project No.: 14971319.01 CUTTING AND PATCHING 01 73 29-1

B. After uncovering existing Work, assess conditions affecting performance of Work.

C. Beginning of cutting or patching means acceptance of existing conditions.

3.02 PREPARATION

A. Provide protection from elements for areas that may be exposed by uncovering Work.

B. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of Project.

C. Maintain excavations free of water.

3.03 CUTTING

A. Execute cutting and fitting including excavation and fill to complete the Work.

B. Uncover Work to install improperly sequenced Work.

C. Remove and replace defective or non-conforming Work.

D. Remove samples of installed Work for testing when requested.

E. Provide openings in the Work for penetration of mechanical and electrical Work.

F. Employ original installer to perform cutting for weather exposed and moisture resistant elements and sight-exposed surfaces.

G. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval.

3.04 PATCHING

A. Execute patching to complement adjacent Work.

B. Fit Products together to integrate with other Work.

C. Execute Work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing.

D. Employ original installer to perform patching for weather exposed and moisture resistant elements and sight exposed surfaces.

E. Restore Work with new Products in accordance with requirements of Contract Documents.

F. Fit Work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

G. At penetrations of walls, partitions, ceiling, or floor construction completely seal voids with fire-rated material to full thickness of penetrated element.

H. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish entire existing surface corner to corner & top to bottom. For an assembly, refinish entire unit.

END OF SECTION

Kellog Park Water Line Installation June, 2014 Project No.: 14971319.01 CUTTING AND PATCHING 01 73 29-2

SECTION 01 74 00

CLEANING AND WASTE MANAGEMENT

PART 1 GENERAL


A. Owner's right to clean up.

B. Progress cleaning and waste removal.

C. Final cleaning.

1.02 OWNER'S RIGHT TO CLEAN UP

A. If Contractor fails to clean up as provided in Contract Documents, Owner may do so and the cost thereof shall be charged to Contractor.

B. If a dispute arises among Contractor, separate contractors, and Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Contract Documents, Owner may clean up and allocate the cost amount to those responsible as Owner determines to be just.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 PROGRESS CLEANING AND WASTE REMOVAL

A. At all times, keep the Work area in a neat, clean, orderly, and safe condition. 1. Keep Work area free from accumulation of waste materials, debris, and/or rubbish caused

by operations under the Contract Documents. 2. Upon completion of any portion of the Work, promptly remove equipment, construction

debris, temporary structures, and surplus materials not to be used at or near the same location during later stages of Work.

B. Remove debris and rubbish from pipe chases, plenum, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. Provide temporary screens or other means of preventing trash and debris from getting into floor and roof drains during the course of construction.

C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust.

D. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site.

E. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids.

F. If Contractor fails to comply with the foregoing, the same may be accomplished by Owner at Contractor's expense.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 CLEANING AND WASTE MANAGEMENT 01 74 00-1

3.02 FINAL CLEANING

A. At completion of the Work, remove from and about the Project waste materials, rubbish, tools, construction equipment, machinery, and surplus materials.

B. Upon completion of the Work and before final payment is made: 1. Satisfactorily dispose of all plant, buildings, rubbish, unused materials, and other

equipment and materials belonging to Contractor or used in the performance of the Work. 2. Leave the premises and Work site in a neat, clean, and safe condition.

C. Execute final cleaning prior to final Project assessment.

D. Clean interior and exterior glass; remove temporary labels, stains, and foreign substances from surfaces exposed to view; polish transparent and glossy surfaces; and vacuum carpeted and soft surfaces.

E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned.

F. Replace filters of operating equipment.

G. Clean debris from roofs, gutters, downspouts, and drainage systems.

H. Clean site. Sweep paved areas. Rake clean landscaped surfaces.

I. Remove waste and surplus materials, rubbish, and construction facilities from the site.

J. If Contractor fails to comply with the above, the same may be accomplished by Owner at Contractor's expense.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 CLEANING AND WASTE MANAGEMENT 01 74 00-2

SECTION 01 76 00

PROTECTING INSTALLED CONSTRUCTION

PART 1 GENERAL


A. Protection of the Work.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 PROTECTION OF INSTALLED WORK

A. Protect installed Work and provide special protection where specified in individual specification sections.

B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to prevent damage.

C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.

D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials.

E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.

F. Prohibit traffic from landscaped areas.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROTECTING INSTALLED CONSTRUCTION 01 76 00-1

SECTION 01 77 00

CLOSEOUT PROCEDURES

PART 1 GENERAL


A. Closeout Submittals and Procedures.

B. Substantial Completion.

C. Final Completion.

1.02 CLOSEOUT SUBMITTALS AND PROCEDURES

A. The events for the Closeout of the Contract for Construction include, but are not limited to, the following. 1. Submit to Owner the Operation and Maintenance Manuals as specified in Section 01 78 23

after approval by Architect. 2. Submit to Owner the Maintenance Materials and Tools as specified in Section 01 78 23. 3. Adjust operating products and equipment to ensure smooth and unhindered operation as

specified in Section 01 75 00. 4. Systems start up as specified in Section 01 75 00. 5. Training of Owner's Personnel as specified in Section 01 75 00. 6. Removal of temporary protection (fences, barricades, etc.). 7. Certificate of Occupancy. 8. Contractor's preparation of Punch List. 9. Contractor's Certificate of Substantial Completion. 10. Final Cleaning as specified in Section 01 74 00. 11. Inspection prior to Substantial Completion Inspection. 12. Inspection for Substantial Completion. 13. Submit written certification that Contract Documents have been reviewed, Work has been

inspected, and Work is complete in accordance with Contract Documents and ready for Architect's review.

14. Provide submittals to Architect that are required by governing or other authorities, including completion of the Service Order Form and Equipment Input Form specified in Division 23.

15. Submit to Architect Project Record Documents including complete set of approved submittals as specified in Section 01 78 39.

16. Submit final Application for Payment identifying total adjusted Contract Sum, previous payment, and sum remaining due as specified in Section 01 29 76.

17. Keys to Owner. 18. Acceptance of Project by Governing Board. 19. Submit Application for Payment of Retention as specified in Section 01 29 76.

1.03 SUBSTANTIAL COMPLETION

A. Substantial Completion is the stage in the progress of Work completion when the Work, or designated portion thereof, meets the following criteria: 1. The Work, or portion in question, is 95 percent complete as determined by Architect, when

measured against the dollar value of the entire Work, or portion in question. 2. The entire Work, or portion in question, can be occupied and used for its intended purpose

as determined by Architect. 3. The remaining items of the Work contained in the Punch List for the entire Work, or the

portion in question, can be completed within sixty (60) calendar days, as determined by Architect, of the date of Substantial Completion for the Work, or the portion in question.

4. The entire Work, or portion in question, has received a Certificate of Occupancy from the governing authority.

Kellogg Park Wate Line Installation June, 2014 Project No.: 14971319.01 CLOSEOUT PROCEDURES 01 77 00-1

B. Substantial Completion Procedures: 1. Contractor shall prepare and submit to Architect a Punch List which is a comprehensive list

of items to be completed or corrected. a. Upon receipt of Contractor's Punch List, Architect will make an inspection to

determine whether the Work or designated portion thereof is substantially complete. b. If Architect's inspection discloses any item not included on the Punch List, Contractor

will add it to the Punch List. c. Contractor shall proceed promptly to complete and correct items on the Punch List.

Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with Contract Documents.

2. Whenever any portion of the Work performed by Contractor is in a condition suitable for use, as determined by Architect, Architect may initiate a Certificate of Substantial Completion for that portion and Owner may take possession of or use such portion. a. Such use by Owner shall in no case be construed as constituting final acceptance and

shall neither relieve Contractor of any of Contractor’s responsibilities under Contract Documents, nor act as a waiver by Owner of any of the conditions thereof, provided that Contractor shall not be liable for the cost of repairs, rework or renewals which may be required due to ordinary wear and tear resulting from such use.

b. However, if such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment.

C. Certificate of Substantial Completion: When the Work or designated portion thereof is substantially complete, as determined by Architect, Architect will prepare a Certificate of Substantial Completion, and submit it to Contractor for written acceptance, which: 1. Shall indicate the date of Substantial Completion. 2. Shall establish responsibilities of Owner and Contractor for security, maintenance, heat,

utilities, damage to the Work, and insurance. 3. Shall fix the time within which Contractor shall finish all items on the Punch List

accompanying the Certificate.

1.04 FINAL COMPLETION

A. Final Completion is the stage in the progress of Work completion when the Work is complete as determined by Architect. The date of final acceptance of the Project by Architect shall be the date upon which the Governing Body issues a Memo of Final Completion.

B. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of Contractor or by issuance of Change Orders affecting final completion, Owner shall, upon application by Contractor, and without terminating the Contract for Construction, make payment of the balance due for that portion of the Work fully completed and accepted.

C. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in Contract Documents, and if bonds and a written Consent of Surety have been furnished, Contractor shall submit to Architect an Application for Payment for that portion of the Work fully completed and accepted. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION

Kellogg Park Wate Line Installation June, 2014 Project No.: 14971319.01 CLOSEOUT PROCEDURES 01 77 00-2

SECTION 01 78 23

OPERATION AND MAINTENANCE DATA

PART 1 GENERAL


A. Submittal procedures.

B. Maintenance Materials, Tools, Spare Parts, and Extra Stock.

C. Format of manuals.

D. Content of manuals.

E. Materials and Finishes Manuals.

F. Equipment and Systems Manuals.

1.02 SUBMITTAL PROCEDURES FOR MANUALS

A. Submit two (2) copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect will review draft and return one copy with comments.

B. For equipment or component parts of equipment put into service during construction and operated by Owner, submit documents within ten (10) days after acceptance.

C. Submit one (1) copy of completed volumes fifteen (15) calendar days prior to demonstrations and training of Owner's personnel. This copy will be reviewed and returned with Owner's comments after demonstrations and training of Owner's personnel. Revise content of all document sets as required prior to final submission.

D. Submit three (3) sets of revised final volumes in final form within ten (10) days prior to Inspection for Substantial Completion.

1.03 MAINTENANCE MATERIALS, TOOLS, SPARE PARTS, AND EXTRA STOCK

A. Provide products, spare parts, maintenance, and extra materials in quantities specified in individual specification sections.

B. Deliver to Project Site and place in location as directed. Obtain receipt prior to final payment.

1.04 FORMAT OF MANUALS

A. Prepare data in the form of an instructional manual.

B. Binders: 1. Commercial quality, 8-1/2-inch by 11-inch, three D side ring binders with durable plastic

covers; 2-inch maximum ring size. 2. When multiple binders are used, correlate data into related consistent groupings.

C. Cover: 1. Identify each binder with typed or printed title OPERATION AND MAINTENANCE

INSTRUCTIONS. 2. Identify title of Project. 3. Identify subject matter of contents.

D. Provide tabbed indexes for each separate product and system, with typed description of product and major component parts of equipment.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 OPERATION AND MAINTENANCE DATA 01 78 23-1

E. Provide list of Preventive Maintenance (PM) items at front of binder. Cross-reference PM items list to text, tab, page, and paragraph.

F. Text: Manufacturer's printed data or typewritten data on 20-pound paper.

1.05 CONTENTS OF MANUALS

A. Arrange content by systems under section numbers and sequence of Table of Contents of the Project Manual.

B. Table of Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Architect,

Architect's Consultant, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and Maintenance Instructions, arranged by system and subdivided by

specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Maintenance instructions for (special) finishes, including recommended cleaning

methods and materials and special precautions identifying detrimental agents. 3. Part 3: Project Documents and certificates, including the following.

a. Shop drawing and product data. b. Air and water balance reports. c. Certificates. d. Photocopies of warranties and bonds.

C. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions.

D. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings.

E. For Each Product or System: List names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts.

F. Product Data: Mark each sheet to clearly identify specific products and component parts and data applicable to installation. Delete inapplicable information.

1.06 MATERIALS AND FINISHES MANUAL

A. Building Products, Applied Materials, and Finishes: Include product data with catalog number, size, composition, color, and texture designations. Provide information for re-ordering custom manufactured products.

B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance.

C. Moisture Protection and Weather Exposed Products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair.

D. Additional Requirements: As specified in individual Product specification sections.


E. Provide a listing in Table of Contents for design data with tabbed fly sheet and space for insertion of data.

1.07 EQUIPMENT AND SYSTEMS MANUALS

A. Each Item of Equipment and Each System: Include description of unit or system and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves with engineering data and tests, and complete nomenclature and model number of replaceable parts.

B. Panelboard Circuit-Directories: Provide electrical service characteristics, controls, and communications by label machine.

C. Include color-coded wiring diagrams as installed.

D. Operating Procedures: Include start-up, break-in and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions.

E. Maintenance Requirements: 1. Include routine procedures and guide for troubleshooting; disassembly, repair, and

reassembly instructions; and alignment, adjusting, balancing, and checking instructions. 2. Provide servicing and lubrication schedule, and list of lubricants required. 3. Include manufacturer's printed operation and maintenance instructions.

F. Include sequence of operation by controls manufacturer.

G. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance.

H. Provide control diagrams by controls manufacturer as installed.

I. Provide Contractor's coordination drawings with color-coded piping diagrams as installed.

J. Provide charts of valve tag numbers with location and function of each valve, keyed to flow and control diagrams.

K. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage.

L. Include test and balancing reports.

M. Additional Requirements: As specified in individual Product specification sections.

N. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


SECTION 01 78 36

PRODUCT WARRANTIES AND BONDS

PART 1 GENERAL


A. Warranties.

B. Contractor's one-year warranty.

C. Product and services warranties.

D. Form of submittals.

E. Preparation of submittals.

F. Time of submittals.

1.02 WARRANTIES

A. Warranties required by Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

B. Submit three (3) sets of volumes containing written warranties and related documents required by Contract Documents.

C. Submit Warranty Spreadsheet listing each warranted item, reference specification number, serial number, warranty start/end/length, supplier/manufacturer/contact information, sub-contractor contact information and whether or not warranty meets or exceeds specification. Sample of spreadsheet is provided at the end of this Section.

D. If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established herein, or by terms of an applicable special warranty required by Contract Documents, any of the Work is found to be not in accordance with the requirements of Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner to do so unless Owner has previously given Contractor a written acceptance of such condition. 1. This period of one year shall be extended with respect to portions of Work first performed

after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.

2. This obligation shall survive acceptance of the Work under the Contract and termination of the Contract.

3. Owner will give such notice promptly after discovery of the condition.

E. Nothing contained in the Section shall be construed to establish a period of limitation with respect to other obligations within Contract Documents.

F. Establishment of the time period of one year as described herein relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with Contract Documents may be sought to be enforced, not to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PRODUCT WARRANTIES AND BONDS 01 78 36-1

1.03 CONTRACTOR'S ONE-YEAR WARRANTY

A. Unless otherwise provided elsewhere in the Contract, all materials and equipment incorporated into any Work covered by the Contract shall be new and where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be in accordance with construction practices acceptable to Owner.

B. Unless otherwise provided in the Contract, Contractor warrants all equipment, materials, and labor furnished or performed under this Contract against defects in design, materials, and workmanship (unless furnished by Owner), for a period of twelve (12) months (unless longer guarantees or warranties are provided for elsewhere in Contract Documents in which case the longer periods of time shall prevail) from and after final acceptance under the Contract, regardless of whether the same were furnished or performed by Contractor or by any of Contractor’s subcontractors of any tier. Upon receipt of written notice from Owner 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 Contractor at a time acceptable to Owner.

C. Contractor shall perform such tests as Owner may require verifying that such redesign, repairs, and replacements comply with the requirements of this Contact. All costs incidental to such redesign, repair, replacement, and testing, including the removal necessary to gain access shall be borne by Contractor.

D. Contractor warrants such redesigned, repaired, or replaced work against defective design, materials, and workmanship for a period of twelve (12) months from and after date of acceptance thereof. 1. Contractor shall notify Owner in writing the status of a warranty work order within seven (7)

days of receipt of a warranty correction. 2. Should Contractor fail to promptly make the necessary redesign, repair, replacement, and

tests, Owner may perform or cause to be performed the same at Contractor's expense. 3. Contractor shall employ professional third party M.E.P. and chemical treatment consultants

to document that mechanical, electrical, and plumbing systems are functioning per contract documents.

4. Contractor and Contractor’s surety or sureties shall be liable for the satisfaction and full performance of the warranties as set forth herein. Any warranty wok orders not completed within seven (7) days may be forwarded to Surety Company.

5. Owner reserves the right to schedule weekly warranty work sessions during the one (1) year correction period, where Contractor, third party M.E.P., chemical treatment consultant and Johnson Control, Inc. shall attend.

1.04 PRODUCT AND SERVICES WARRANTIES

A. Contractor warrants to Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and the Work will conform to the requirements of Contract Documents.

B. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

C. The Contract warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation, or evidence as to the kind and quality of materials and equipment.


PART 2 PRODUCTS

2.01 FORM OF SUBMITTALS

A. Bind in commercial quality 8-1/2-inch three D side ring binders with durable plastic covers.

B. Cover: Identify each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address, and telephone number of Contractor and equipment supplier; and name of responsible company principal.

C. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of Product or Work item.

D. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal.

PART 3 EXECUTION

3.01 PREPARATION OF SUBMITTALS

A. Obtain warranties and bonds, notarized and executed in duplicate by responsible Subcontractors, suppliers, and manufacturers within ten (10) days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the date of Substantial Completion is determined.

B. Verify that documents are in proper form, contain full information, and are notarized.

C. Co-execute submittals when required.

D. Retain warranties and bonds until time specified for submittal.

3.02 TIME OF SUBMITTALS

A. For equipment or component parts of equipment put into service during construction with Owner permission, submit documents within ten (10) days after acceptance.

B. Make other submittals within ten (10) days after Date of Substantial Completion, prior to final Application for Payment.

C. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten (10) days after acceptance, listing the date of acceptance as the beginning of the warranty period.

END OF SECTION


SECTION 01 78 39

PROJECT RECORD DOCUMENTS

PART 1 GENERAL


A. Working copy of Contract Documents.

B. Record Documents Requirements and Preparation.

1.02 SUBMITTALS

A. Submit Project Record Documents to Owner as specified below.

PART 2 PRODUCTS

2.01 WORKING COPY OF CONTRACT DOCUMENTS

A. Working copy of Contract Documents is for use by Contractor and Owner. Protect from damage and repair if damaged.

B. Use working copy to record actual conditions and changes during the course of the Work.

C. Working copy set shall be separate from the set Contractor may provide for use by Subcontractors.

D. Store the Working Copy of the Contract Documents separate from documents used for construction.

2.02 RECORD DOCUMENTS REQUIREMENTS

A. For the entire course of Contractor's work, maintain on Site one set of the following Record Documents: 1. Drawings. 2. Specifications (Bid Requirements, General Requirements, Technical Requirements). 3. Addenda. 4. Modifications (Supplemental Instructions, Change Orders, Construction Change Directive). 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Manufacturers' instructions for assembly, installation, and adjusting.

PART 3 EXECUTION

3.01 RECORD DOCUMENTS PREPARATION

A. Store Record Documents separate from documents used for construction.

B. Record information in the Record Documents concurrent with construction progress.

C. Ensure entries are complete and accurate, enabling future reference by Owner.

D. Specifications: Legibly mark and record at each Product section description of actual products installed, including the following: 1. Manufacturer's name and product model number. 2. Product substitutions or alternates used. 3. Changes made by Addenda and modifications.

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROJECT RECORD DOCUMENTS 01 78 39-1

E. Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances,

referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction,

referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. Show number of all air handling units, VAV

boxes, and fan coil units on the Record Drawings.

F. Record Drawings and Specifications: 1. Progress Records: During construction, keep a marked-up, up-to-date set of Drawings

showing as-built conditions on the site as an accurate record of all deviations between Work as shown and Work as installed. As-builts will be reviewed/checked at monthly progress meetings.

2. Final Records: a. Upon completion of the Project, obtain from Architect a complete set of mylar base

plastic transparencies of Contract Drawings. Expenses for reproduction of the transparencies shall be at no additional cost to Owner.

b. Incorporate on transparencies all changes noted on record set in black ink. c. Work shall be performed by an experienced, competent technician. d. Identify documents as “RECORD DRAWINGS.”

3. Record Drawings are required for this project and will be turned over to Owner prior to final payment.

4. Owner requests "RECORD DRAWINGS" view only CDs.

G. Documents and Samples at the Site: 1. Maintain at the site for Owner, one progress record copy of Drawings, Specifications,

Addenda, Change Orders, and other Modifications in good order and marked currently to record changes and selection made during construction; additionally, maintain approved Shop Drawings, Product Data, Samples, and similar required submittals.

2. These shall be available to Owner and delivered to Owner upon completion of the Work.

END OF SECTION

Kellogg Park Water Line Installation June, 2014 Project No.: 14971319.01 PROJECT RECORD DOCUMENTS 01 78 39-2