Document Pahrump_doc_fd92f8cf67

1 COUNTY OF NYE, STATE OF NEVADA TOWN OF PAHRUMP BID NO. 2021-01 The contractor shall provide all labor, materials, and equipment, per plans and specifications to complete scope of work for the Dog Park. All necessary applications and permits required to complete this scope shall be included. There will be NO pre-bid meeting for this project. This section covers the Dog Park. BID PACKAGE Including: GENERAL INSTRUCTIONS TO CONTRACTORS SPECIAL PROVISIONS/SPECIFICATIONS BID NO: 2021-01 LABOR COMMISSION NO. PWP–NY–2018-14 BIDS OPEN: May 4, 2021 at 1:30 p.m. CONTRACT TERM: Sixty (60) calendar days from Notice to Proceed Approved: Debra Strickland, CHAIR NYE COUNTY BOARD OF COMMISSIONERS Date: DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 4/7/2021 ---PAGE BREAK--- 2 1. BID PACKAGE 3 2. GENERAL INSTRUCTIONS TO BIDDERS 3 A. RECEIPT AND OPENING OF BIDS B. PREPARATION OF BID 3 C. METHOD OF BIDDING 3 D. OBLIGATION OF BIDDER 4 E. SUBCONTRACT 4 F. QUALIFICATION OF BIDDER 4 G. ACCEPTANCE 4 3. SPECIAL PROVISIONS 4 A. STANDARD SPECIFICATIONS 4 B. TERMS 4 C. AWARD AND EXECUTION OF CONTRACT 4 D. BEGINNING OF WORK, “TIME OF COMPLETION”/LIQUIDATED DAMAGES 4 E. TERMINATION 5 F. PAYMENT 5 G. BONDS 5 H. SUBCONTRACTING 5 I. DESCRIPTION OF WORK 6 J. PROPOSAL REQUIREMENTS AND CONDITIONS 9 K. MATERIAL SPECIFICATIONS 9 4. PROPOSAL TO THE COUNTY OF NYE 9 5. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 12 6. PUBLIC CONTRACT SECTION 10232 STATEMENT 12 7. TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT 13 8. CONTRACTOR QUALIFICATION 14 9. BIDDER’S BOND 17 10. PROPOSED AGREEMENT 18 A. SCOPE OF WORK B. NOTICE TO PROCEED, TIME OF COMPLETION, LIQUIDATED DAMAGES, TERMINATION AND MODIFICATION C. THE CONTRACT SUM D. PROGRESS PAYMENTS E. ACCEPTANCE AND FINAL PAYMENT F. STATUS AS INDEPENDENT CONTRACTOR G. FAIR EMPLOYMENT PRACTICES H. PREVAILING WAGE 1. Labor Law Requirements. 2. Prevailing Rate of Wages. 3. Hours of Work. I. INSURANCE 1. Compensation Insurance. 2. Contractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance. 3. Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance. 4. Scope of Insurance and Special Hazards. 5. Builder’s Risk Insurance (Fire and Extended Coverage). 6. Proof of Carriage of Insurance. J. THE CONTRACT DOCUMENTS K. SELECTED ALTERNATES AND OPTIONS L. NO THIRD-PARTY BENEFICIARY M. ASSIGNMENT AND SUBCONTRACTING 1. Assignment. 2. Subcontracting. N. WAIVER O. ATTORNEYS’ FEES P. ENTIRE AGREEMENT Q. NOTICES DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 3 1. BID PACKAGE 2. GENERAL INSTRUCTIONS TO BIDDERS A. RECEIPT AND OPENING OF BIDS The Nye County Board of Commissioners, on behalf of the County of Nye, State of Nevada (herein called the “OWNER”) invites bids for: Kellogg Park Phase V: Dog Park. There will be NO PRE-BID MEETING for this project. Bids will be received by the OWNER at the Town of Pahrump Office, 2101 E. Calvada Blvd. Ste 300, Pahrump, Nevada 89048, until 1:30 p.m. May 4, 2021. Bids received after the deadline will not be honored, regardless of when postmarked or sent. Bid opening will commence at 1:30 p.m. May 4, 2021, in the Town of Pahrump Office, 2101 E. Calvada Blvd, Ste 300, Pahrump, Nevada. Award may be made at the regularly scheduled meeting of the Nye County Board of County Commissioners on May 18, 2021 in Pahrump, Nevada. Envelopes containing the bids must be sealed and addressed to the Town of Pahrump Office, 2101 E. Calvada Blvd, Ste 300, Pahrump, Nevada, 89048, and labeled: BID NO. 2021-01/PWP-NY-2018-14 Kellogg Park Phase V: Dog Park The OWNER may, but need not, consider any bid not prepared and submitted in accordance with the provisions hereof and may, but need not, waive any informalities or errors in form. The OWNER reserves the right to reject any and all bids. Any bid may be withdrawn prior to the above-scheduled time for the opening of the bids or any authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 calendar days after the actual date of the opening thereof. B. PREPARATION OF BID All bid prices must be submitted in writing, in ink, or be typewritten, in both words and figures and completed according to the Schedule of Items and Prices. The bidder must submit a Contractor Qualification (a copy of which is included in this Bid Package) for the bidder and any subcontractor the bidder intends to use for the job. All required certifications must be fully executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If the bid is forwarded by mail, the sealed envelope must be addressed and labeled as noted above. No bids transmitted by facsimile will be considered. One original and three copies of the bid must be included. C. METHOD OF BIDDING The OWNER requests bid includes the price per unit in accordance with the Schedule of Items and Prices. The bidder’s bid shall be totaled on the last page of the bidder’s Proposal. The OWNER reserves the right to make modifications in specifications and/or conditions prior to bid opening, if deemed necessary, in which event, all bidders will be timely notified, and/or the time for bids extended. Each bidder will submit with its bid the following: 1. The information requested on the forms entitled “Contractor Qualification”, included in this bid package. 2. Data relating to the duration of time it has engaged in the performance of the type of work which this Invitation to Bid is made. 3. References, with names, addresses and telephone numbers of entities to which the bidder previously has performed similar work to that sought by this Invitation to Bid. Any other terms, costs, conditions or options that would affect the bidder’s bid and which have not been requested or specified in the bid package, must be noted and included in the submitted bid. Apprentices-SB207 (Required forms to be completed at time of Response) DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 4 As of January 1, 2020, Senate Bill (SB) 207 (2019) requires all contractors employing workers on certain public works projects to utilize apprentices for portions of the work. One or more apprentices must be used for at least 10% of the total hours on vertical construction and 3% of the total hours for horizontal construction. These percentages apply to the total hours of labor worked for each apprenticed craft or type of work to be performed on the public work for which more than three workers are employed. Under NRS Chapter 338, this project is a public work that requires the use of apprentices. All contractors must comply with SB 207 for this project, unless a modification, waiver, or exemption applies. Required Forms Per SB207: 1.1.4 Apprenticeship Utilization Request Form: To be filled out and completed if Contractor and or Sub-Contractor anticipate having more than 3 of any craft while working on project. (To be done for each applicable craft) 1.1.5 Apprenticeship Utilization Waiver Request Form: To be filled out by Contractor and or Sub- Contractor if No Registered Apprentice Programs exist in the jurisdiction for the craft/type of work required for the PWP; A request for Apprentice was denied or not acted upon within 5 business days; or The PWP requires the performance of uniquely complex or hazardous work. 1.1.6 Project Workforce Checklist: To be filled out and completed if Contractor and or Sub-Contractor anticipate having less than 3 of any craft while working on project. (To be done for each applicable craft) The latest forms and information on SB 207 can be found on the Office of the Labor Commissioner’s website: http://labor.nv.gov/Apprenticeship_Utilization_Act/Apprenticeship_Utilization_Act/ D. OBLIGATION OF BIDDER At the time of the opening of the bids, each bidder will be presumed to have read and thoroughly familiarized him/herself with all the bid package documents. Each bidder will be presumed to have visited and visually examined the condition and environment of the location of the project. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his/her bid. E. SUBCONTRACT The bidder must include in his or her Proposal a separately completed “Contractor Qualification” for each person or company to whom the bidder proposes to award a subcontract for performance of the required duties. No proposal shall be considered if the bidder fails to submit this form. F. QUALIFICATION OF BIDDER The OWNER may make such investigations as it deems necessary to determine the ability of the bidder (and any designated subcontractors) to supply the materials and perform the work required. The bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. G. ACCEPTANCE Upon acceptance of any bid, a final contract between OWNER and the successful bidder will be executed, the same to embody by reference the provisions of this Bid Package, except as otherwise negotiated. 3. SPECIAL PROVISIONS A. STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the Standard Specifications for Public Works Construction, as distributed by Washoe County dated 2007, unless specifically indicated otherwise. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. B. TERMS DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 5 Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows: 1. Town of Pahrump Building and Grounds Department; 2. The Board of Commissioners for the Unincorporated Town of Pahrump; 3. The County of Nye for the State where reference is made to the agency administering the Contract; 4. Nye County Auditor for the State Treasurer where reference is made to Contract payments; and 5. Town of Pahrump Buildings and Grounds Manager or his assign for Director, where reference to Director and/or Engineer is made. C. AWARD AND EXECUTION OF CONTRACT The award of contract will be to the bidder who submits the lowest most responsive and responsible bidder pursuant to NRS 338.1385 Following award of the contract, a contract will be prepared, incorporating the Invitation to Bid and the Bid Package, and will be executed by the parties thereto. D. BEGINNING OF WORK, “TIME OF COMPLETION”, LIQUIDATED DAMAGES Contractor shall begin work within from one to ten (10) working days after receiving "Notice to Proceed" for work described in the bid package awarded to the contractor, and work shall be completed within 60 calendar days. Contractor shall complete all work described within 60 calendar days, unless an extension is provided in writing by County. Should the work not be complete within the specified time for completion, the Contractor will be liable for liquidated damages, payable to County in the amount of Five Hundred Dollars ($500.00) for each working day beyond the deadline taken for completion, as provided herein. All rights and remedies of the County are cumulative and not exclusive of any other rights or remedies that may be available to County, whether provided by law, equity, statute, or otherwise. However, the liquidated damages provision set forth herein is County’s exclusive remedy for Contractor’s breach as specifically defined in Section D. County may elect to withhold the liquidated damages from any payment to Contractor. Attention is directed to the provisions in Section E “TERMINATION”. E. TERMINATION CAUSE. The contract may be terminated for cause by the Board of Commissioners, upon the recommendation of the Director. Cause shall include, but is not limited to, the following: testing requirements not met, or failure to comply with any contract requirement. Upon determination of cause by the Director, written notice shall be given the Contractor of the specific cause. Upon receipt of written notice, and if the notice so directs, the Contractor shall cease work and meet with the Director or his representative to determine corrective action. Corrective action will be agreed to in writing and signed by both parties. In the event that no agreement is reached within ten (10) working days of notice, the Director may recommend the termination to the Board of Commissioners. The Board of Commissions’ decision shall be final. WITHOUT CAUSE. County shall have the right, at any time to terminate the Contract, without cause, with thirty (30) calendar days written notice. Upon termination of this Contract, other than for Cause, County shall pay Contractor for that part of the product supplied and services performed satisfactorily to the date of such termination at the rates set forth in this Contract and all applicable documents which, by reference, are made a part hereto. F. PAYMENT Payment for Scope of Work will be at the accepted unit bid price and per as installed measurements only. Include in the Unit Price overhead and profit. Include in equipment rate for force account the mobilization and demobilization, operator, fuel and maintenance. G. BONDS 1. A bid bond in an amount equal to ten percent (10%) of the total bid price must accompany the bid. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 6 2. The bond shall be on the form provided, or on a like form. 3. A performance bond in an amount equal to one hundred percent (100%) of the total contract amount must be provided by the Contractor. a. The bond must be furnished to the OWNER within eight days, not including Sundays and legal holidays, after the successful bidder has received notice from the OWNER that the contract has been awarded. b. The performance bond must guarantee the faithful performance by the Contractor of all the terms of the contract. 4. A materials and payment bond in an amount equal to one hundred percent (100%) of the total contract amount must be provided by the Contractor. a. The bond must be furnished to the OWNER within eight days, not including Sundays and legal holidays, after the bidder has received notice from the OWNER that the contract has been awarded. b. The payment bond shall guarantee Contractor’s payment of all subcontractors and/or vendors for all labor, materials, provisions, supplies or items expended in fulfilling the contract. H. SUBCONTRACTING No subcontracting by Contractor shall be approved unless requested in writing to the Director and approved in writing by the Director. In no case shall said subcontract reflect a change in bid price. I. DESCRIPTION OF WORK The contractor shall provide all labor, materials, and equipment, per plans and specifications to complete scope of work for all onsite parking lot curbing and gutters. All necessary applications and permits required to complete this scope shall be included. There will be NO pre-bid meeting for this project. This work includes: Kellogg Irrigation System and Grass Work Included: - Provision of an underground irrigation system including the following: o Trenching, stockpiling excavation materials, and refilling trenches. o Complete system including but not limited to: piping, valves, fittings, spray heads, controllers, CCU, and wiring, and final adjustments to insure complete coverage. o Replacement of unsatisfactory materials. o Clean-up, inspection, and approval. o Tests o Sod Preparation and Installation. Quality Assurance: - Special requirements: o Obtain necessary permits prior to beginning work. o Work to be performed by trade licensed in Nevada for all piping and irrigation work. o Tolerances – Specified depths of mains and laterals and pitch of pipes are minimums. Settlement of trenches is cause for removal of finish grade treatment, refilling, recompaction, and repair of finish grade treatment. o Damage To Other Improvements – Contractor shall replace or repair damage to grading, soil preparation, sodding, or planting done under other Sections during Work associated with installation of irrigation system and sod at no additional cost to Owner. - Explanation of Drawings: o Due to the scale of the Drawings, it is not possible to indicate offsets, fittings, sleeves, etc., which may be required. Carefully investigate the conditions affecting the work and plan accordingly, and DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 7 furnish required fittings. Install system in such a manner to avoid conflicts with planting, utilities, and architectural features. o Do not install the irrigation system as shown on the Drawings when it is obvious in the field that obstructions, grade differences or discrepancies in dimensions exist. Bring such obstructions or differences to the attention of the Project Manager. In the event this notification is not given, the Contractor shall assume full responsibility for any revision necessary. o Piping layout indicated is diagrammatic only. Route piping to avoid plants and structures. Submittals: - Project As- Builts o At onset of irrigation installation, contractor shall secure Mylar of original irrigation design from Project Manager. Make blue-line or black-line prints for every week on Project. At end of every day, revise prints for work accomplished that day in red ink record drawings sepias shall be brought up- to-date at close of working day on every Friday by a qualified draftsperson. An additional print of record plan(s) shall be available at Project site. Indicate changes on weekly record drawings. Dimension from two permanent points of reference (building corners, sidewalk, road intersections or permanent structures), location of following items: ▪ Connection to existing water lines. ▪ Routing of pressure supply lines (dimension every 100 feet along routing) ▪ Sprinkler control valves. ▪ Quick coupling valves. ▪ Control wire routing (with and without the pressure mainline) ▪ All gate valves. ▪ Communication Cable routing. ▪ Sleeves. ▪ Irrigation heads. ▪ Controller. ▪ Other related equipment as directed by Project Manager. o Upon completion of irrigation installation, Contractor will provide Project Manager with as-builts. Upon approval from Project Manager, Design consultant will prepare record drawings. Job Site Conditions: - Protection of Property: o Preserve and protect all trees, plants, monuments, structures, and paved areas from damage due to work of this section. In the event damage does occur, all damage to inanimate items shall be completely required or replaced by Contractor to satisfaction of the Project Manager. o Protect buildings, walks, walls, and other property from damage. Flare and barricade open ditches. Damage caused to asphalt, concrete, or other building material surfaces shall be repaired or replaced. - Protection and Repair of Underground Lines: o Call before you dig (811). Request proper utility company to state location of all underground electric, gas, or telephone lines. Take whatever precautions that are necessary to protect these underground lines for damage. In the event damage does occur, all damage shall be repaired by Contractor, and all costs of such repairs shall by paid for by Contractor. Warranty/Guarantee: - Contractor shall guarantee workmanship for one year after the maintenance inspection and approval. He will be on call to replace and/or repair any faulty equipment within 24 hours after notification by the Project Manager. - Settling of backfilled trenches which may occur during guarantee period shall be repaired by Contractor at no expense to Owner, including complete restoration of damage property. - Expenses due to vandalism before pre-maintenance inspection completion shall be borne by Contractor. - Provide copy of warranty from on company letterhead with operation and maintenance manuals prior to final acceptance. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 8 - Grass shall stay in good condition 1 month after installation. Proper seeding/fertilization/topsoil shall be amended as needed. Materials: - All materials used in installing the sprinkler system should be commercial grade. Prefer to use and run the Hunter System for sprinkler heads and Automatic Controller. - Grass sod shall be in good condition. Any sod that is in bad condition shall be replaced. Execution: - Inspection: Examine area and conditions under which Work of this Section is to be performed. Do not proceed with Work until unsatisfactory conditions have been corrected. Start of Work indicates acceptance of site condition. o Grading operations, with the exception of final grading, shall be completed and approved by Owner or the Project Manager before staking or installation of any irrigation system begins. Make sure to finish grade area before installing sod. Final product shall be smooth without any humps or noticeable trench lines. o Contractor to verify locations and usability of sleeves and conduits installed by other trades. o Contractor to verify location of existing utilities. Preparation: - Staking shall occur as follows: o Mark with powdered lime or marking paint, routing of pressure supply line and flag heads and control valve locations for first few zones. Contact Project Manager will advise Contractor as to the amount of staking to be prepared. Owner representative will review staking and direct changes if required. Review does not relieve installer from coverage problems due to improper placement of heads after staking. - Trenching: o Trench excavation shall follow, as much as possible, layout shown on as-built. Dig trenches straight and support pipe continuously on bottom of trench. Trench bottom shall be clean and smooth with all rock and organic debris removed. Pressure supply line trenches shall be over- excavated as required to allow for bedding materials. o Clearances: ▪ Piping Smaller than 3 inches – Trenches shall have a minimum width of 8 inches. ▪ Line clearance – Provide not less than 6 inches of clearance between each line, and not less than 12 inches of clearance between lines of other trades. o Pipe and Wire depth: ▪ Pressure supply Piping – 18 inches from the top of the pipe. ▪ Non- Pressure piping (rotor) – 18 inches from top of pipe. ▪ Non – Pressure piping (pop-up) – 12 inches from the top of pipe. ▪ Control Wiring – Side and bottom of pressure main. o Boring will be permitted only where pipe must pass under obstructions(s), which cannot be removed. In backfilling bore, final density of backfill shall match that of surrounding soil. It is acceptable to use sleeves of suitable diameter installed first by jacking or boring, and pipe laid through sleeves. Observe same precautions as though pipe were installed in open trench. - Sod shall be maintained properly until installed. No sod that is unhealthy, or moldy shall be installed. Any pieces of sod that are in bad shape shall be replaced. - Proper topsoil and fertilization shall be amended as needed. Installation: - Locate equipment as near as possible to locations designated. Deviations shall be approved by Owner prior to installation. - Run PVC trenches straight and redline on plans. o PVC lines should be minimum of 18 inches from top of grade. - Control Wiring o Low Voltage wiring should be buried between controller and electric valves in pressure supply line trenches, with wires consistently located below and to the side of pipe. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 9 o Bundle all wiring at 10-foot intervals with electrical or duct tape. o Install 1 control wire for each control valve. o Provide 120 Volt power connection to automatic controller. - Automatic Controller: o Install controller in accordance with manufacturer’s instructions as detailed and where shown on Drawings. o Connect remote control valves to controller in numerical sequence as shown on Drawings. o Final location of controller shall be approved by Project Manager prior to installation. o Each controller shall have a dedicated separate ground wire. - Electric Control Valves: o Install top of cross handle 3 inches below finished grade where shown on Drawings and as detailed. When grouped together, allow minimum of 12 inches between valve box sides, install each remote control valve in a separate valve box. Install valve box flush with grade. - Valve Boxes: o Install 1 valve box for each type of valve installed as detailed. Install gravel sump after compaction of all trenches. Place final portion of gravel inside valve box after valve box is backfilled and compacted. - Gate Valves: o Install where shown on plans. - Sprinkler Heads: o Install sprinkler heads where designated on Drawings or where staked. Set to finish grade as detailed; spacing of heads shall not exceed the maximum indicated on drawing unless re-staked as directed by Project Manager. In no case shall the spacing exceed maximum recommended by manufacturer. Install heads on double swing joint risers no more than 45 degrees or less than 10 degrees. Adjust part circle heads for proper coverage. Adjust heads to correct height after installed. Plant placement shall not interfere with intended sprinkler head coverage, piping, or other equipment. Consultant may request nozzle changes or adjustments without additional cost to the Owner. - Backfilling: o Do not begin backfilling operations until required system tests have been completed. Backfill shall not be done if excavated material is frozen. Leave trenches mounded to allow for settlement after backfilling is completed. Trenches shall be finish graded prior to walk trough of system by Project Manager. o All pressure and lateral supply lines shall be bedded with construction grade sand 4 inches above and below invert of pipe to the top of trench. o Materials – Excavated material is generally considered satisfactory for backfill purposes after completing bedding requirements. Backfill materials shall be free of rubbish, vegetable matter, frozen materials, and stones larger than 1 ½ inches in maximum dimension. Do not mix subsoil with topsoil. Material not suitable for backfill shall be hauled away. Contractor shall be responsible for providing suitable backfill if excavated material is unacceptable or not sufficient to meet backfill, compaction, and final grade requirements. o Do not leave trenches open for a period of more than 48 hours. Open excavations shall be protected in accordance with OSHA regulations. o Compact backfill to 90 % maximum density. - Grass Installation: o Any pieces of sod that are dried up, or moldy shall not be used. Final product shall be smooth without any holes or mounds. o Sod shall be laid in straight rows, and water rolled. Field Quality Control - Mainline/Hydrostatic Test o Upon completion of the irrigation main, and prior to the installation of any automatic control valves, test the entire main or portions of the main for proper operation. Flush all air from the mains being tested and check all components for proper operation. After completion of the flushing operation, DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 10 test the main line with 150 - PSI hydrostatic pressure for a minimum of 2 hours. After the pressure within the mains has stabilized, no pressure loss will be allowed for the test period. Remove and/or replace any item or component of the system which does not comply with the test, and test the entire system again until satisfactory test result are obtained. Contractor shall request observation by the Project Manager 48 hours prior to testing. The test shall be made in the presence of the Project Manager, signed and dated. - Walk Through for Pre-Maintenance Inspection: o Arrange for the Project Manager presence 48 hours in advance of walk-through. o Entire system shall be completely installed and operational prior to scheduling of walk-through. o Operate each zone in its entirety for Project Manager’s at time of walk-through and, additionally, open all valve boxes if directed. o Generated a list of items to be corrected prior to Final Completion. o Furnish all materials and perform all Work required to correct all inadequacies of coverage due to deviations from Contract documents. - Walk Through for Final Completion: o Arrange for Project Manager’s presence 48 hours in advance of walk-through. o Provide the Project Manager with all accessories, charts, record drawings, and equipment as required before Final completion walk-through is scheduled. o Operate each zone, for its entirety for Project Manager at time of walk through to insure correction of all incomplete items. o Items deemed not acceptable by Project Manager shall be reworked to complete satisfaction of Project Manager. o If after request to Project Manager for walk through for Final Completion of irrigation system, Project Manager finds items during walk-through, which have not been properly adjusted, reworked, or replaced as indicated on list of incomplete items from previous walk-through, Contractor shall be charged for all subsequent walk-throughs. Funds will be withheld from final payment and/or retainage to Contractor, in amount equal to additional time and expenses required by Project Manager to conduct and document further walk-throughs as deemed necessary to insure compliance with Contract Documents. Adjusting: - Upon completion of installation, “fine-tune” entire system by regulating valves, adjusting patterns and break-up arms, and setting pressure-reducing valves at proper pressure to provide optimum and efficient coverage. Flush and adjust all sprinkler heads for optimum performance and to prevent over spray onto walks, roadways, and buildings as much as possible. Heads of same type shall be operating at same pressure. - If it is determined that irrigation adjustments will provide proper and more adequate coverage, make such adjustments before Final Acceptance, as directed, at no additional cost to Owner. Adjustments may also include changes in nozzle sizes, degrees of arc, and control valve throttling. - All sprinkler heads shall be set perpendicular to finish grade unless otherwise designated. - Adjust control system to achieve time cycles to meet the water window as required by the town of Pahrump. - Areas, which do not conform to, designated operation requirements due to unauthorized changes or poor installation practices, shall be immediately corrected at no additional cost to Owner. Kellogg Dog Park Fencing Summary: - Purchase and erect chain-link fencing and gates as shown in the drawings, or as established by the Owner. Products: - Provide chain-link fencing, gates, posts, top rail, and all necessary hardware. - Terminal Posts: 2 3/8” galvanized post SS40 o Cast in concrete to depth of 3’ minimum. o 9’ posts DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 11 - Line Posts: 1 7/8” galvanized post SS40 o Cast in concrete to depth of 2’ minimum. o 8’ posts - Chain-Link Fabric: 6’ tall, 9 gauge - Top Rail: 1 5/8” galvanized tube SS40 - Hardware: o Nuts and Bolts, Line Post Caps, Terminal Post Caps, Tension Band, Rail End, Bottom Tension Wire, Tension Bar, Rail End, Rail End Band, Hog Ties, Fence Ties (Steel). - Gates: o 12’ double gates plus (3 sets total) o 3’x6’ man gates (3 total) Execution: - Set all Terminal and Line Posts according to the plans. - Allow concrete footings to dry for at least 24 hours before stretching chain-link fabric. - Top rail shall be straight and level. Any posts that are not level shall be replaced correctly. - All gates should close nicely, with even gap spacing from top to bottom. Every gate shall have a gate latch, and set close to the ground so no dogs can crawl underneath. J. PROPOSAL REQUIREMENTS AND CONDITIONS The Department will furnish the prospective bidder with a proposal form. The form of the bidder’s bond, which must be provided by the Contractor, is attached hereto, following the signature page of the proposal annexed hereto. K. MATERIAL SPECIFICATIONS As outlined in the Description of Work. 4. PROPOSAL TO THE TOWN OF PAHRUMP (Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal) NAME OF BIDDER: BUSINESS ADDRESS: CITY, STATE, ZIP: TELEPHONE NO: AREA CODE ( ) The Work for which this proposal is submitted is for construction in accordance with the provisions of the Invitation to Bid and the Bid Package (including the special provisions and specifications), and also in accordance with the Standard Specifications for Public Works Construction 2007, sponsored and distributed by the Regional Transportation Commission of Washoe County, Nevada. The bidder shall set forth the “Unit Price” for each “Unit”, in clearly legible figures in the respective spaces provided in the “Schedule of Items and Prices” for this purpose. The amount set forth as the “Total Cost” shall be the extension of the “Unit Price” times the “Quantity” for the particular “Item No.”, the sum of the “Total Cost” of all Items will be the “Total Price” for the complete Project or Work. In case of discrepancy between the “Unit Price” (cost per unit of measure) and the total set forth for the “Total Cost”, the “Unit Price” shall prevail, provided however, if the amount set forth as a “Unit Price” is ambiguous, unintelligible or uncertain for any cause and a contrary intention is not evident from the proposal and other contract documents upon which the bid is based, or if the bidder made no entry in the “Unit Price” column, or entered the same amount in the “Unit Price” and “Total Cost”, then the amount set forth as the “Total Cost” for the number of DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 12 square feet in the project shall prevail. When the amount set forth as the “Total Cost” prevails, it shall be divided by the “Quantity” in corresponding “Item No.”, and the price thus obtained shall be the “Unit Price”. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the bonds in the sums required by this Invitation to Bid and Bid Package, with surety satisfactory to the OWNER, within eight days, not including Sundays and legal holidays, after the bidder has received notice from the OWNER that the contract has been awarded, the OWNER may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying the proposal shall operate and the same shall be the property of the OWNER. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the Invitation to Bid and the Bid Package; that he fully understands that the OWNER shall have the sole right and discretion to accept the Proposal; and the undersigned proposes, if this Proposal is accepted by the OWNER; that he will contract with the OWNER to provide all necessary machinery, tools, apparatus and other means of production, and to do all the work and furnish all the materials specified in the contract that will be awarded, in the manner, the time and cost therein prescribed, and according to the requirements of the Director as therein set forth, and that he will take, in full payment therefore, the following Schedule of Items and Prices, to-wit: DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 13 FORM OF TENDER SCHEDULE OF ITEMS AND PRICES Part I – Item No. Description of Work Estimated Quantity Unit Unit Price Total Cost 1 Chain-Link Fencing 1 LS 2 6’ Single Swing Gates 1 LS 3 12’ Double Swing Fence Gates 1 LS 4 Grass Sod 1 LS 5 Piping 1 LS 6 Warranty 1 LS 7 Control Valves 1 LS Subtotal: Addendums 13 Addendum # ( ) to ( ) TOTAL PRICE (Sum of Items 1 to inclusive) BIDDER: BY: (Signature) PRINT NAME: TITLE: E MAIL: DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 14 THE BIDDER’S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL The bidder proposed subcontractor hereby certifies that he has has not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The above certification is required by the Equal Employment Opportunity Relations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts that are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime Contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should know that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 15 5. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. 6. PUBLIC CONTRACT SECTION 10232 STATEMENT PUBLIC CONTRACT SECTION 10232 STATEMENT In accordance with Public Contract Code Section 10232, the Contractor hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which ordered the Contractor to comply with an order of the National Labor Relations Board. 7. TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT In accordance with Title 23, United States Code, Section 112, the bidder hereby states, under penalty of perjury, that he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. NOTE: The above Statement, Questionnaire, and Non-Collusion Affidavit are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement, Questionnaire, and Non-Collusion Affidavit. Bidders are cautioned that making a false certification may subject the certified to criminal prosecution. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 16 8. CONTRACTOR QUALIFICATION CONTRACTOR QUALIFICATION Part I Submitted by: Date: CONTRACTOR INFORMATION Company Name: Address: City: State: Zip Code: Telephone: FAX: Vendor Terms: Federal Tax ID#: Business License Time Period How Long in Business: (if applicable) LIABILITY Nevada State Contractors License Contracting Limits: Insurance Carrier: Policy No: (Attach Proof of Insurance) Have you ever filed for Chapter 11 or Chapter 13 in the last 5 years? If yes, give details. Have you had any liens or judgments, pending or complete, in the last 2 years? If yes, explain. REFERENCES Name: Phone: Name: Phone: Name: Phone: DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 17 CONTRACTOR QUALIFICATION Part II Date: CONTRACTOR INFORMATION Company Name: PERFORMANCE Liquidation Damages and/or Disputes List all projects in the last 2 years where liquidation damages were or may be assessed, where the substantial disputes or protests occurred, or are currently occurring. Explain in detail. Have you ever failed to complete any work awarded to you? If yes, explain where and why. Have you ever defaulted or been terminated on a contract? If yes, explain where and why. EXPERIENCE If you anticipate subcontracting work, under what conditions would subcontractors be used? List subcontractors normally used. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 18 Background and experience of the principal members of your organization who would be involved in contract work for Nye County. Name Title Experience (years) DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 19 9. BIDDER’S BOND COUNTY OF NYE KNOW ALL MEN BY THESE PRESENTS: That we, , as PRINCIPAL, and , as SURETY, are held and firmly bound unto the County of Nye, hereinafter called the County, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the County of Nye for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ . Tonopah, Nevada on , 20___ for (Copy here the exact description of work, including location, as it appears on the proposal.) NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files the two bonds with the Department, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney’s fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , (SEAL) (SEAL) (SEAL) Principal (SEAL) (SEAL) (SEAL) Surety NOTE: Signatures of those executing for the Surety must be properly acknowledged. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 20 10. PROPOSED AGREEMENT (For reference only, Do Not complete this Agreement) BID #2021-01 LABOR COMMISSION PWP # NY-2018-14 CONTRACT BETWEEN THE COUNTY OF NYE AND Nevada Contractor’s License # Address City, State, Zip Telephone Number This Contract, entered into this ___day of 20__, by and between THE COUNTY OF NYE, hereinafter referred to as “County”, and of XXX, County of State of Nevada, hereinafter referred to as “Contractor.” WITNESSETH: That the County and the Contractor, for the consideration hereinafter set forth, agree as follows: Contractor shall furnish all material and perform all work in a professional manner as set forth in the Contract Documents for Bid No. 2021-01 Labor Commission PWP# NY-2018-14. Contractor further agrees to perform all extra work necessary in connection therewith and under the terms as stated in said Contract Documents; and at his (its or their) own proper cost and expense, to furnish all the bonds, materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the project in accordance with the terms and conditions and prices stated in said Contract Documents. A. SCOPE OF WORK Contractor shall furnish all material and perform all work in a professional manner as set forth in the Contract Documents for Bid No. 2021-01 Labor Commission PWP# NY-2018-14. Contractor further agrees to perform all extra work necessary in connection therewith and under the terms as stated in said Contract Documents; and at his (its or their) own proper cost and expense, to furnish all the bonds, materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the project in accordance with the terms and conditions and prices stated in said Contract Documents. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 21 B. NOTICE TO PROCEED, TIME OF COMPLETION, TERMINATION AND MODIFICATION, LIQUIDATED DAMAGES The Contractor shall not commence work, nor incur any expense therewith, before it is notified to proceed with the work. The work to be performed under this Contract shall commence within ten (10) working days of the commencement date set forth in the Notice to Proceed unless otherwise extended by written authorization by the Buildings and Grounds Manager. The following performance periods shall apply: 1. All work, including any or all options and alternatives identified in Article K, shall be substantially completed not later than Time is of the essence. In determining substantial completion and/or final acceptance, the parties agree that the County’s Director of Public Works shall be guided by principles of fairness and the efforts of the Contractor to comply with designated performance periods. 2. TERMINATION CAUSE. The contract may be terminated for cause by the Board of Commissioners, upon the recommendation of the Director. Cause shall include, but is not limited to, the following: testing requirements not met, or failure to comply with any contract requirement. Upon determination of cause by the Director, written notice shall be given the Contractor of the specific cause. Upon receipt of written notice, and if the notice so directs, the Contractor shall cease work and meet with the Director or his representative to determine corrective action. Corrective action will be agreed to in writing and signed by both parties. In the event that no agreement is reached within ten (10) working days of notice, the Director may recommend the termination to the Board of Commissioners. The Board of Commissions’ decision shall be final. WITHOUT CAUSE. County shall have the right, at any time to terminate the Contract, without cause, with thirty (30) calendar days written notice. Upon termination of this Contract, other than for Cause, County shall pay Contractor for that part of the product supplied and services performed satisfactorily to the date of such termination at the rates set forth in this Contract and all applicable documents which, by reference, are made a part hereto. 3. LIQUIDATED DAMAGES Should the work not be complete within the specified time for completion, the Contractor will be liable for liquidated damages, payable to County in the amount of Five Hundred Dollars ($500.00) for each working day beyond the deadline taken for completion, as provided herein. All rights and remedies of the County are cumulative and not exclusive of any other rights or remedies that may be available to County, whether provided by law, equity, statute, or otherwise. However, the liquidated damages provision set forth herein is County’s exclusive remedy for Contractor’s breach as specifically defined in Section B.1. County may elect to withhold the liquidated damages from any payment to Contractor. 4. MODIFICATION/CHANGE ORDER. This Contract may not be modified, amended, supplemented, or extended except by written document executed by the Contractor and Nye County Board of Commissioners. C. THE CONTRACT SUM The County shall pay Contractor, as full compensation for furnishing all materials and labor and doing all the work in strict accordance with relevant plans and specifications and to the satisfaction of the County, amounts as set forth in this Contract. The Contract total is to be paid based upon actual accepted quantities multiplied by the unit prices as specified in the Bid, unless otherwise stated in the drawings or specifications. D. PROGRESS PAYMENTS The County shall make progress payments as follows: Partial payments will be made once each month, based upon progress estimates made by the Contractor and satisfactory to the County. The progress estimates shall be based upon materials on the job site and invoiced, or upon material in place and all labor expended thereon. The County shall make said progress payment upon receipt, review and recommendation of the Director DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 22 of Public Works. Ten percent (10%) of the amount ascertained will be deducted and retained by the County until after the completion of the entire Contract in an acceptable manner. After fifty percent (50%) of the work has been completed in an acceptable manner, the County may, at its discretion, reduce the amount retained to no less than five percent of the value of the completed work. No monies payable under this Contract may be assigned by Contractor except upon prior written consent of the County. E. ACCEPTANCE AND FINAL PAYMENT As soon as practical following completion of the work, the Contractor shall make a written request to the County for final inspection and acceptance of the work. If, in the County’s sole discretion, all provisions of the specifications and Contract have been satisfied, the County will cause a Notice of Completion to be filed with the County Recorder. After forty (40) calendar days, immediately following the filing of the Notice of Completion, the remaining balance shall be paid, providing that: 1. Contractor has submitted evidence satisfactory to the County that all payrolls, bills for material, interest or retention and all other indebtedness connected with the work have been paid; 2. Contractor has submitted evidence satisfactory to the County that all subcontractors, if any, have been paid; and 3. No claims, liens or outstanding debts have been filed against the work. In the event that claims, liens or outstanding debts are filed against the work, the County shall continue to hold the retainage until such time as the claims, liens or outstanding debts are resolved. F. STATUS AS INDEPENDENT CONTRACTOR Contractor is an independent contractor and not an employee, servant, agent or representative of County. Contractor shall provide product in accordance with this Contract and all applicable documents, and any subsequent written agreements defining the nature and scope of the Services. As an independent contractor, Contractor shall not participate in the employee benefits available to County’s employees. Neither compliance or non-compliance by Contractor and Contractor’s employees, agents, and representatives with the terms and provisions of this Contract shall affect Contractor’s status as an independent contractor or relieve Contractor of any of Contractor’s duties, liabilities, or obligations under this Contract. G. FAIR EMPLOYMENT PRACTICES In connection with the performance of work under this Contract, 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. 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 Contractor shall constitute a material breach of Contract. H. PREVAILING WAGE 1. Labor Law Requirements. The Contractor must strictly comply with all applicable provisions of the Nevada State Labor Laws, including, but not limited to, Title 28, Chapter 338 of Nevada Revised Statutes, as amended, and with applicable labor laws and regulations of the Federal Government. 2. Prevailing Rate of Wages. The wages to be paid for a legal day’s work to laborers, workmen or mechanics employed upon the work specified in this Contract or upon any materials to be used therein shall not be less than the hourly minimum rate of wage as fixed by the Nevada State Labor Commissioner, which schedule of wage rates is annexed hereto and hereby made a part of this Contract. Pursuant to NRS 338.060, the Contractor shall forfeit, as a penalty to the County of Nye, DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 23 the sum of $50.00 for each workman employed for each calendar day or portion thereof that such workman is paid less than the designated rate for any work done under the Contract, by the Contractor or any subcontractor under the Contractor. Contractor shall submit a copy of Certified Payroll Reports to Nevada State Labor Commissioner and Nye County Public Works no later than one week after the end of each month. 3. Hours of Work. No laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day, and not more than fifty-six (56) hours in any one week, except in cases of emergency where life or property is in imminent danger. In such emergency cases, the person required to work over eight hours per day or fifty-six hours per week shall be paid at least regular wages for all overtime. This Contract may be terminated at the election of the County for any failure or refusal on the part of the Contractor or any subcontractor faithfully to perform the Contract according to the terms as to wages and hours as herein provided. NOTE: NRS 338.080(3) exempts any contract for a public work whose total cost is less than $100,000 from prevailing wage requirements. I. INSURANCE The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been obtained and approved. 1. Compensation Insurance. The Contractor shall procure and maintain, during the life of the Contract, Industrial Insurance as required by the Nevada Industrial Insurance Act, for all of his employees to be engaged in work at the site of the project under this Contract and in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide such Industrial Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Industrial Insurance. In case any class of employees engaged in work on the project under this Contract is not protected under the Nevada Industrial Insurance Act, the Contractor shall provide and shall cause each subcontractor to provide adequate employer’s liability insurance for the protection of such of his employees as are not otherwise protected. 2. Contractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall procure and shall maintain during the life of this Contract Contractor’s Public Liability Insurance, Contractor’s Property Damage Insurance and Vehicle Liability Insurance in the following amounts: Minimum limits for: Personal injury or death one person $1,000,000 one occurrence $3,000,000 Property damage one accident $1,000,000 aggregate liability for loss $3,000,000 Vehicle liability single person/accident $150,000/$300,000 3. Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall either require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in subparagraph hereof, or insure the activities of each subcontractor in the amounts specified in subparagraph hereof. DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 24 4. Scope of Insurance and Special Hazards. The insurance required under subparagraphs and hereof shall name the County and its officers, agents, Director of Public Works and employees as a co-insured and provide adequate protection for the County and its officers, agents, Director of Public Works and employees, and the Contractor and his subcontractors, respectively, against damage claims which may arise from Operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the special hazards which may be encountered in the performance of this Contract as enumerated in the Special Conditions. 5. Builder’s Risk Insurance (Fire and Extended Coverage). Until the project is completed and accepted by the County, the Contractor is required to maintain Builder’s Risk Insurance (Fire and Extended Coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the County, the Contractor, and subcontractors, as their interests may appear. This provision shall not release the Contractor from his obligation to complete, according to Contract documents, the project covered by the Contract, and the Contractor and his surety shall be obligated to full performance of the Contractor’s undertaking. 6. Proof of Carriage of Insurance. The Contractor shall furnish the County with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statements: “The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days’ written notice has been received by the County.” 7. If the Contractor or any subcontractor fails to maintain the insurance required by this Contract, the County may obtain such insurance for the protection of the County, its officers, agents, Director of Public Works, and other employees, and deduct and retain the amount of the premiums for such insurance from any sums payable to the Contractor under this Contract. 8. Contractor shall defend, indemnify and hold harmless the County, its agents and employees from any and all liability, damages, judgments, claims, causes of action, liability, loss, costs, reasonable attorney’s fees, or other expenses arising from the performance of this Contract by Contractor or Contractor’s agents, employees or any of its subcontractors whether caused by the negligence or willful misconduct of Contractor, his agents, employees or affiliates. Contractor hereby indemnifies and shall defend and hold harmless the County, its officials, employees and authorized representatives and their employees from and against any and all suits, actions, legal or administrative proceedings, arbitration, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of whatsoever kind or nature, including those arising out of injury, death or property damage, whether arising before or after completion of the work under this Contract and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this Contract. Contractor’s indemnity, defense, and hold harmless obligations, or portions or applications thereof, shall apply even in the event of the fault or negligence, whether active of passive, of the County, its agents and employees to the fullest extent permitted by law. J. THE CONTRACT DOCUMENTS The Contract Documents shall include the following: 1. The advertised Notice of Invitation to Bid No.2021-01, Labor Commission PWP# NY-2018-14. 2. The Bid by the Contractor (The Bidder’s Proposal); 3. This Contract; 4. The General Instructions to Bidders; 5. The Special Provisions; 6. The specifications as set forth in the Special Provisions; DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 25 7. Any and all contract drawings, plans, maps, plat, blueprints and other drawings and printed or written explanatory or supplementary matter thereof, as may be set forth in said Contract Documents; 8. The Bid Bond, Performance Bond and Payment Bond; 9. All addenda issued by the Purchasing Department; 10. Contractor Qualification; 11. The Notice of Award; 12. Any amendments or addenda to all of the aforementioned documents; and 13. All provisions required by law to be incorporated in this Contract, whether actually incorporated or not. K. SELECTED ALTERNATES AND OPTIONS The following options and alternates have been selected by the County and are herewith made part of the scope of work to be performed under this Contract; Options: Alternates: L. NO THIRD-PARTY BENEFICIARY This Contract and the rights and obligations arising therefrom are strictly for the benefit of the parties to this Contract. The parties agree that any benefit or detriment asserted by the third party and/or found to exist by any court or arbitrator is merely an incidental, collateral, or consequential benefit or detriment arising from the performance or non-performance of this Contract and is not intended to create a right of action in any person not a signatory to this Contract. M. ASSIGNMENT AND SUBCONTRACTING 1. Assignment. Contractor shall not assign its rights nor delegate its duties hereunder without prior written consent of County. The County may condition such consent. 2. Subcontracting. Except as specifically detailed in the Contractor’s Bid, Contractor shall not subcontract any part of the work hereunder without the prior written approval of County. The County may condition such consent. N. WAIVER Failure by County or Contractor, at any time, to enforce or to require strict observance of any of the terms, conditions or provisions of this Contract shall not constitute a waiver of, nor limit or impair, such terms, conditions or provisions. In addition, any such failure shall not affect the right of either party to avail itself at any time of such remedies as it may have for any default hereunder by the other party hereto. O. ATTORNEYS’ FEES This Contract shall be governed, construed and interpreted by, through and under the laws of the State of Nevada. The parties hereby agree that venue for any and all disputes related to this Contract shall be in the Fifth Judicial District Court of the State of Nevada, in and for the County of Nye. The parties further agree that, should it become necessary for either party hereto to take legal action to enforce any rights and/or obligations outlined herein, that the prevailing party shall be entitled to recover their costs to the extent provided for by law, with each party to bear their own attorneys’ fees unless otherwise provided for by law. P. ENTIRE AGREEMENT The terms and provisions of this Contract constitute the entire agreement between the parties and supersede all previous communications, representations, undertakings or agreements between the parties hereto with respect to the subject matter hereof, whether oral or written. Q. NOTICES Any notice, proposal or objection relating to this Contract shall be in writing addressed to the parties as follows: DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743 ---PAGE BREAK--- 26 OWNER: CONTRACTOR: IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. THE TOWN OF PAHRUMP By: John Koenig, Chairman BOARD OF COUNTY COMMISSIONERS Contractor By: COMPANY NAME CONTRACTOR Printed Name ATTEST: Sandra L. Merlino, Nye County Clerk And Ex-Officio Clerk of the Board DocuSign Envelope ID: 6606C706-CB95-4A37-B88B-757506B30743