SA-19-01 RFP Insulator Cleaning Svcs-Final.pdf

Colorado River Commission of Nevada

555 East Washington Avenue, Suite 3100

Las Vegas, Nevada 89101

REQUEST FOR PROPOSALS

SUBSTATION INSULATOR CLEANING SERVICES

Contract No. SA-19-01

Issued For Bid

February 25, 2019

Issued for Bid i February 25, 2019

CONTRACT SA-19-01

TABLE OF CONTENTS

Item Section

Request for Proposal

Proposal Instructions

Request for Proposal Form

Qualification Statement

Bid Addendum

Bid Clarification

Contractor’s Bid Data

Disclosure of Ownership/Principals Form

Contract No. SA-14-01—Substation Insulator Cleaning Services

Performance Bond

Summary of the Work

Submittals

Environmental Compliance

Site Conditions and Requirements

Safety and Protection

Insulator Cleaning

Reference Drawings ................................................................................... Appendix

Issued for Bid Section 100—Page 1 February 25, 2019

SECTION 100

REQUEST FOR PROPOSALS (“RFP”)

1. NOTICE

The Colorado River Commission of Nevada (the “CRCNV”) is seeking proposals for substation insulator cleaning services. Proposals are sought from qualified Proponents that have an established record of cleaning insulators in energized substations. Documentation supporting the experience of each Proponent will be required.

2. QUESTIONS REGARDING REQUEST FOR PROPOSAL

Questions concerning this Request for Proposal should be directed to:

Mr. Robert Reese

555 East Washington Ave, Suite 3100

Las Vegas, Nevada 89101-1065

Telephone: (702) 856-3611

Cell Phone: (702) 682-6972

Email: breese@crc.nv.gov

3. SITE VISIT

The weeks of March 12, 2019 through March 26, 2019 has been reserved by the CRCNV to conduct onsite tours of the substation facilities for potential Proponents. An onsite tour is mandatory for Proponents intending to respond to this Request for Proposals. Tours will be conducted individually and arranged on a first-come, first-served basis. Tours may be arranged by contacting Mr. Reese at the telephone number indicated above.

4. PRICING AND SECURITY

Proposals will be received on a unit price basis as described in the Contract Documents. The selected Contractor will be required to post a performance bond in an amount equal to the contract price.

5. DUE DATE

Proposals submitted in response to this Request for Proposal must be received by 2:00 p.m., Pacific Standard Time, April 15, 2019, at the location designated in Section 200.

mailto:breese@crc.nv.gov

Issued for Bid Section 200—Page 1 February 25, 2019

SECTION 200

PROPOSAL INSTRUCTIONS

1. QUALIFICATIONS

The CRCNV will consider the qualifications of Proponents when evaluating proposals.

Proponents must complete the Qualification Statement provided in Section 310.

2. NEVADA LICENSE REQUIREMENTS

Work under the Contract involves numerous disciplines and is performed in energized substations in close proximity to high voltages. CRCNV has determined that Proponent must be a licensed contractor with the State of Nevada as follows: possessing a full A license, or at a minimum an A-17 license; a full c-2 license, or at a minimum a C-2(e) license; a full C-4 license, or at a minimum a C-4(d) license; or a full C-15 license or at a minimum a C-15(d) license.

Bidder’s license limits must equal or exceed the value of the work being bid.

Although bids will be accepted from bidders that may be licensed in a variety of classifications, only those bidders who have experience working in energized, high-voltage substations shall be considered for this work. At a minimum, bidders must be qualified pursuant to Occupational

Safety and Health Standards (OSHA), 29 CFR Part 1910, and all employees working within

CRCNV’s substations must be deemed qualified employees pursuant to 29 CFR 1910.332.

In the event of joint ventures, each venture must be licensed, and the joint venture must have an additional license for acting in the capacity of such joint venture unless the joint venture has an unlimited license. Further, the State of Nevada makes no distinction regarding subcontractors, who must also be licensed in Nevada. The Proponent must provide evidence of licensure with the proposal.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Before submitting a proposal, it is the responsibility of each Proponent to (a) thoroughly examine the Contractor documents and all requirements therein; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance, or furnishing of the Work; (c) consider federal, state, and local laws and regulation that may affect cost, progress, performance, or furnishing of the work; (d) study and carefully correlate the Proponent’s observations with the

Contract Documents; and (e) promptly notify the CRCNV of all conflicts, errors, or discrepancies discovered by the Proponent in the Contract Documents. Submission of a proposal must be conclusive evidence that the Proponent has complied with the requirements of the preceding sentence.

4. PROPOSAL FORM

The Proposal Form is found in Section 300.

Proposals by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign for the

Issued for Bid Section 200—Page 2 February 25, 2019 corporation). Proposals by partnerships must be executed in the partnership name and signed by a partner. Proposals by joint ventures must be signed by each participant in the joint venture of by a representative of the joint venture accompanied by evidence of authority to sign for the joint venture.

The proposal must contain an acknowledgment of receipt of all Addenda, the numbers and dates of which must be filled in on the Proposal Form.

5. SUBCONTRACTORS

Subcontractors must not be used for any portion of the work other than for transportation and hauling of equipment and materials.

6. BID SECURITY

Bid security is not required.

7. PROPOSALS AS PUBLIC RECORDS

The CRCNV is a public agency and as such, is subject to the Nevada Public Records Law

(Chapter 239 of the Nevada Revised Statutes). After a proposal is received by the CRCNV, its contents will become public record, and nothing contained in the proposal will be deemed confidential.

8. SUBMISSION OF PROPOSALS

Proposals must be submitted by 2:00 p.m., Pacific Standard Time, April 15, 2019, or as modified by Addendum. Proponents must submit one original and two copies in a sealed envelope clearly marked “CONFIDENTIAL; REQUEST FOR PROPOSAL—CONTRACT

NO. SA-19-01” with the name and address of Proponent.

Proposals should be mailed, or hand delivered to:

Attention: Mr. Robert D. Reese

555 E. Washington Avenue, Suite 3100

Las Vegas, NV 89101-1065

All proposals remain subjects to acceptance by the CRCNV for sixty (60) days.

9. AWARD OF CONTRACT

The CRCNV reserves the right to reject any or all proposals, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional proposals, and to reject the proposal of any Proponent if the CRCNV believes that it would not be in the best interest of the State of Nevada to make an award to that Proponent. The CRCNV also reserved the right to waive formalities.

Issued for Bid Section 200—Page 3 February 25, 2019

10. SIGNING OF AGREEMENT

After approval by the CRCNV’s governing board, it will issue to the successful Proponent a

Notice of Award along with three copies of the Contract Documents. The successful Proponent must sign all copies of the Contract within the number of days set forth in the Section 300, Proposal Form, leaving the dates blank; insert the required bonds and power of attorney in the appropriate places, and deliver all copies to the CRCNV. The CRCNV will execute all copies of the Contract and return one original to the Proponent.

11. TAXES

All taxes that are lawfully assessed against the CRCNV or the Proponent in connection with the work must be paid by the Contractor. The Contract Price must include all such taxes.

12. PREVAILING WAGE RATES

The prevailing wage rates established by the Nevada Labor Commissioner or an hourly wage greater than the prevailing wage rates must be paid to all skilled or unskilled workmen engaged in the performance of the work under the Contract. Prevailing wage rates are as issued by the

State of Nevada, Office of the Labor Commissioner.

Prevailing wage rates are subject to change and it is the Proponent’s responsibility to ensure that it is aware of and will pay the prevailing wage rates in effect at the time of the proposal due date.

Issued for Bid Section 300—Page 1 February 25, 2019

SECTION 300

PROPOSAL FORM

CONTRACT IDENTIFICATION:

Substation Insulator Cleaning Services

Contract No. SA-19-01

THIS PROPOSAL IS SUBMITTED BY:

(Proponent)

THIS PROPOSAL IS SUBMITTED AS FOLLOWS:

ONE (1) MASTER AND TWO (2) COPIES TO CRCNV AT:

ATTENTION: ROBERT REESE

555 East Washington Avenue, Suite 3100

Las Vegas, Nevada 89101-1065

1. Proposal envelope should be clearly marked, “CONFIDENTIAL; REQUEST FOR

PROPOSAL—CONTRACT NO. SA-19-01”.

2. The undersigned Proponent proposes and agrees to enter into the Agreement with CRCNV for Substation Insulator Cleaning Services, which is set forth in Section 400.

3. Proponent accepts all of the terms and conditions contained in this Agreement, including without limitation those dealing with the disposition of security. This Proposal shall remain subject to acceptance by the CRCNV for ninety (90) days after the day it is received by the

CRCNV. CRCNV shall, within ninety (90) days after the date of opening Proposals, notify the successful Proponent by a notice of award in writing. Proponent shall sign and submit the Agreement with the Bond and other documents required by the Agreement within fifteen

(15) days after the date of CRCNV’s notice of award.

4. In submitting this Proposal, Proponent represents that:

(a) Proponent has visited the substation sites and become familiar with and satisfied itself as to the general, local, site, labor and working conditions that may affect cost, progress, performance, and completion of the services.

(b) Proponent has examined copies of the Request for Proposals and all the documents contained therein, and copies of the following Addenda (receipt of which is hereby acknowledged):

Issued for Bid Section 300—Page 2 February 25, 2019

No. Dated:

(c) Proponent is familiar with and has satisfied itself as to all federal, state, and local laws and regulations that may affect the cost, progress, performance, and furnishing of the services. If awarded the Agreement, Proponent agrees to comply with all federal, state, municipal laws, codes or regulations applicable to the performance of work under the

Agreement.

(d) The Agreement is sufficient to inform Proponent of all its terms and conditions for performing services for which this Proposal is submitted.

(e) Proponent is familiar with and will comply with the licensing requirements and

Proponent licensing limits required by the laws and regulations of the State of Nevada.

(f) Proponent is aware that the Proponent is responsible for the safety of its employees and must provide the CRCNV with a copy of the Proponent’s safety program. The safety program must include a “tailgate” meeting prior to beginning any work. This meeting will cover general safety rules and limits of any “Clearance,” if applicable. Proponent also agrees to abide by safety programs developed by the CRCNV that are applicable to the Work including lock and tag programs, clearance programs, and the APPA safety program.

4. Proponent agrees to coordinate the performance of services with the CRCNV, to the

CRCNV’s satisfaction.

7. The CRCNV reserves the right to reject all nonconforming, nonresponsive, unbalanced or conditional Proposals and to reject the Proposal of any Proponent if the CRCNV believes that it would not be in the best interest of the CRCNV to make an award to that Proponent.

8. The Proponent will complete the Work in accordance with the Contract Documents and in the amounts stated for unit price Work. Conditions may arise which will necessitate changes in the quantities identified herein. The prices quoted per unit must be firm and not dependent on the final quantity of items. The Proponent agrees that increases or decreases in the estimated quantities will not justify unit price revisions.

(a) Unit prices must include labor, equipment, tools, vehicles, materials, supplies, permits, markups, supervision and all related costs. This work is payable upon completion of the authorized task.

(b) Work Scope:

Substation

Item

Year of

Work

Est.

Quantity

Unit

Price

Extended

Price

CRCNV

No. 1

Insulator Cleaning 2019 2 $ $

CRCNV

No. 2

Insulator Cleaning 2019 2 $ $

Issued for Bid Section 300—Page 3 February 25, 2019

CRCNV

No. 3

Insulator Cleaning 2019 2

CRCNV

No. 1

Insulator Cleaning 2020 2 $ $

CRCNV

No. 2

Insulator Cleaning 2020 2

CRCNV

No. 3

Insulator Cleaning 2020 2

CRCNV

No. 1

Insulator Cleaning 2021 2 $ $

CRCNV

No. 2

Insulator Cleaning 2021 2

CRCNV

No. 3

Insulator Cleaning 2021 2

CRCNV

No. 1

Insulator Cleaning 2022 2

CRCNV

No. 2

Insulator Cleaning 2022 2

CRCNV

No. 3

Insulator Cleaning 2022 2

TOTAL CONTRACT PRICE

9. Proponent agrees that the Work will be substantially completed within the times specified in the Contract.

10. The terms used in this Proposal are defined in the Agreement and have the meanings assigned to them therein.

SIGNATURE OF PROPONENT

Business Name:

Signature of Authorized

Representative:

Printed Name and Title:

Nevada Contractor’s

License Number:

License Limit and

Expiration Date

Business Address:

Phone:

Issued for Bid Section 300—Page 4 February 25, 2019

Fax:

Email:

Date:

Issued for Bid Section 310—Page 1 February 25, 2019

SECTION 310

QUALIFICATION STATEMENT

1. PROPONENT IDENTIFICATION:

Company Name:

Company Address:

2. COMPANY BACKGROUND:

Main Office Location:

Location from where crews will be dispatched:

Years in this business:

Years under present ownership and control:

Type of Organization:

If the proposal is not submitted as a sole Proponent, identify any joint venture partner(s).

3. PENDING LEGAL ACTION:

Identify any pending legal action that could affect the financial stability of the Company

(provide case details, including names of plaintiffs and/or defendants, claim summary, state of jurisdiction, docket numbers and related information, attach additional sheets as necessary):

4. SIMILAR WORK EXPERIENCE:

Enclose a list of projects completed by your organization for other owners with similar work, magnitude, costs, time period and complexity.

5. SAFETY:

Enclose a copy of your company’s safety program and provide details regarding the company’s safety training and meeting practices.

6. SUPERVISION AND PERSONNEL QUALIFICATIONS:

Name of Proponent’s assigned principal (enclose résumé):

Issued for Bid Section 310—Page 2 February 25, 2019

Name of the Proponent’s assigned onsite superintendent or general foreman (enclose résumé):

7. EQUIPMENT:

Enclose a list of major equipment, including pressure wash units, spray units, air compressors, manlifts, boom trucks and other items, that you propose to use on this project.

Does your company own or lease this equipment? Yes No

Identify general locale and present use of the equipment and availability of such equipment to the project site:

8. REFERENCES:

Provide three independent references that can attest to your satisfactory performance of completed work as listed in item 5.

Reference’s Name:

Reference’s Company:

Phone Number:

Project Name/Description:

Responsibility on Project:

Phone Number:

Phone Number:

Issued for Bid Section 320—Page 1 February 25, 2019

SECTION 320

BID ADDENDUM

(Bid Addenda, if any, should be included here when conformed Contract is issued for signature)

Issued for Bid Section 330—Page 1 February 25, 2019

SECTION 330

BID CLARIFICATION

(Bidder Clarifications proposed by the Proponent and accepted by the CRCNV, if any, shall be included here when conformed Contract is issued for signature)

Issued for Bid Section 340—Page 1 February 25, 2019

SECTION 340

CONTRACTOR’S BID DATA

(Bidder Data submitted with the Proponent’s Bid, if any, to be included here when conformed

Contract is issued for signature)

Issued for Bid Section 400—Page 1 February 25, 2019

SECTION 350

DISCLOSURE OF OWNERSHIP/PRINCIPALS FORM

(Disclosure Form shall be filled out and submitted with Bid)

Issued for Bid Section 400—Page 2 February 25, 2019

INSTRUCTIONS FOR COMPLETING THE

DISCLOSURE OF OWNERSHIP/PRINCIPALS FORM

Purpose of the Form

The purpose of the Disclosure of Ownership/Principals Form is to gather information pertaining to the business entity for use by the Colorado River Commission of Nevada (“CRCNV”) in determining whether Commissioners of the CRCNV should exclude themselves from voting on agenda items where they have, or may be perceived, as having a conflict of interest. This form will also assist in determining compliance with Nevada Revised Statute 281A.430, which, with some exceptions, prohibits public officers from bidding on or entering into contracts between a governmental agency and any business entity in which a public officer or employee has a significant pecuniary interest.

General Instructions

Completion and submission of this Form is a condition of approval or renewal of a contract or lease and/or release of monetary funding between the disclosing entity and the CRCNV. Failure to submit the requested information may result in a refusal by the

CRCNV to enter into an agreement/contract and/or release monetary funding to such disclosing entity.

Detailed Instructions

All sections of the Disclosure of Ownership form must be completed. If not applicable, write in N/A.

Business Name (include d.b.a. if applicable) – Enter the legal name of the business entity and enter the “Doing Business As”

(d.b.a.) name, if applicable.

Corporate/Business Address, Business Telephone, Business Fax and Email – Enter the street address, telephone and fax numbers, and email of the named business entity.

Local Business Address, Local Business Telephone, Local Business Fax, and Email – If business entity is out-of-state, but operates the business from a location in Nevada, enter the Nevada street address, telephone and fax numbers, point of contact and email of the local office. Please note that the local address must be an address from which the business is operating from that location. Please do not include a P.O. Box number, unless required by the U.S. Postal Service, or a business license hanging address.

Number of Nevada Residents employed by this firm.

List of Owners/Officers – Include the full name, title and percentage of ownership of each person who has ownership or financial interest in the business entity. If the business is a publicly-traded corporation or non-profit organization, list all Corporate

Officers and Directors only.

For All Contracts – (Not required for publicly-traded corporations)

1) Indicate if any individual members, partners, owners or principals involved in the business entity are a CRCNV full-time employee(s) or appointed/elected official(s). If yes, the following paragraph applies.

In accordance with NRS 281A.430.1, a public officer or employee shall not bid on or enter into a contract between a government agency and any private business in which he has a significant financial interest, except as provided for in subsections 2, 3, and 4.

2) Indicate if any individual members, partners, owners or principals involved in the business entity have a second degree of consanguinity or affinity relation to a CRCNV full-time employee(s) or appointed/elected official(s) (reference form on Page 2 for definition). If YES, complete the Disclosure of Relationship Form.

A professional service is defined as a business entity that offers business/financial consulting, legal, physician, architect, engineer or other professional services.

Signature and Print Name – Requires signature of an authorized representative and the date signed.

Disclosure of Relationship Form – If any individual members, partners, owners or principals of the business entity is presently a

CRCNV employee, public officer or official, or has a second degree of consanguinity or affinity relationship to a CRCNV employee, public officer or official, this section must be completed in its entirety.

Issued for Bid Section 400—Page 3 February 25, 2019

DISCLOSURE OF OWNERSHIP/PRINCIPALS

Corporate/Business Entity Name:

“Doing Business As” (if applicable):

Street Address: Website:

City, State and Zip Code: POC Name and Email:

Telephone Number: Fax Number:

Local Street Address: Website:

City, State and Zip Code: Local Fax Number:

Local Telephone Number: Local POC Name and Email:

All entities, with the exception of publicly-traded and non-profit organizations, must list the names of individuals holding more than five percent (5%) ownership or financial interest in the business entity appearing before the CRCNV.

Publicly-traded entities and non-profit organizations shall list all Corporate Officers and Directors in lieu of disclosing the names of individuals with ownership or financial interest.

Entities include all business associations organized under or governed by Title 7 of the Nevada Revised Statutes, including but not limited to private corporations, close corporations, foreign corporations, limited liability companies, partnerships, limited partnerships, and professional corporations.

Full Name Title % Owned (Not required for Publicly Traded

Corporations/Non-profit organizations)

This section is not required for publicly-traded corporations.

1. Are any individual members, partners, owners or principals, involved in the business entity, a CRCNV full-time employee(s), or appointed/elected official(s)?

Yes No (If yes, please note that CRCNV employee(s), or appointed/elected official(s) may not perform any work on professional service contracts, or other contracts, which are not subject to competitive bid.)

2. Do any individual members, partners, owners or principals have a spouse, registered domestic partner, child, parent, in-law or brother/sister, half-brother/half-sister, grandchild, grandparent, related to a CRCNV full-time employee(s), or appointed/elected official(s)?

Yes No (If yes, please complete the Disclosure of Relationship form on Page 2. If no, please print N/A on

Page 2.)

I certify under penalty of perjury, that all of the information provided herein is current, complete and accurate. I also understand that the CRCNV will not take action on items agendized without the completed disclosure form.

Signature Print Name

Title Date

Issued for Bid Section 400—Page 4 February 25, 2019

DISCLOSURE OF RELATIONSHIP

List any disclosures below:

(Mark N/A, if not applicable.)

NAME OF BUSINESS

OWNER/PRINCIPAL

NAME OF CRCNV

EMPLOYEE/OFFICIAL AND

JOB TITLE

RELATIONSHIP TO CRCNV

EMPLOYEE/OFFICIAL

“Consanguinity” is a relationship by blood. “Affinity” is a relationship by marriage.

“To the second degree of consanguinity” applies to the candidate’s first and second degree of blood relatives as follows:

• Spouse – Registered Domestic Partners – Children – Parents – In-laws (first degree)

• Brothers/Sisters – Half-Brothers/Half-Sisters – Grandchildren – Grandparents – In-laws (second degree)

For CRCNV Use Only:

If any Disclosure of Relationship is noted above, please complete the following:

Yes No Is the CRCNV employee(s) noted above involved in the contracting/selection process for this particular agenda item?

Yes No Is the CRCNV employee(s) noted above involved in any way with the business in performance of the contract?

Notes/Comments:

Signature

Print Name (Authorized Department Representative)

Issued for Bid Section 400—Page 5 February 25, 2019

DISCLOSURE OF RELATIONSHIP

Yes No Is the CRCNV employee(s) noted above involved in the contracting/selection process for this particular agenda item?

Yes No Is the CRCNV employee(s) noted above involved in any way with the business in performance of the contract?

Notes/Comments:

Signature

Yes No Is the CRCNV employee(s) noted above involved in the contracting/selection process for this particular agenda item?

Yes No Is the CRCNV employee(s) noted above involved in any way with the business in performance of the contract?

Yes No Is the CRCNV employee(s) noted above involved in the contracting/selection process for this particular agenda item?

Yes No Is the CRCNV employee(s) noted above involved in any way with the business in performance of the contract?

Issued for Bid Section 400—Page 6 February 25, 2019

SECTION 400

CONTRACT NO. SA-19-01

FOR

THIS CONTRACT is made and entered into by and between the COLORADO RIVER

COMMISSION OF NEVADA, hereinafter referred to as the "CRCNV" and

_____________________, a ___________, located in _______________, hereinafter referred to as the "Contractor", to carry out the CRCNV’s responsibilities under Nevada Revised Statutes

(NRS) 538.161, and approved pursuant to paragraph 0326 (2) of the Nevada State

Administrative Manual. The CRCNV and the Contractor are sometimes individually referred to as “Party” and collectively referred to as the "Parties" herein.

ARTICLE 1 PERFORMANCE OF THE WORK. For and in consideration of the terms and conditions stated herein, the Contractor agrees to perform substation insulator cleaning, described hereinafter as the “Work”. The Contractor further agrees to complete all the Work in a good and workmanlike manner, and to furnish all materials, equipment, tools and labor necessary to properly perform and complete the Work.

ARTICLE 2 CONTRACT DOCUMENTS. The "Contract Documents" shall include this

Contract and all documents set forth in the Request for Proposals, the completed Proposal and any addenda thereto. All such documents are hereby incorporated by reference as though fully set forth herein. This Contract, including but not limited to the Contract Price, may only be changed by written amendment executed by both the CRCNV and the Contractor.

ARTICLE 3 CONSIDERATION. For and in consideration of the Contractor's performance of the Work and for furnishing all equipment, tools, materials and labor necessary thereto, CRCNV shall pay Contractor for completed items of Work based on the unit prices proposed in Section

300 in the manner and under the conditions set forth therein. Payments will be net sixty (60) days after receipt of a properly itemized invoice.

§3.1 The Contract Price to be paid the Contractor under this Contract shall not exceed

____________________ ($___________), unless such amount is increased by amendment of this Contract by the CRCNV and the Contractor. The Contract Price shall include $ as the cost of the Performance Bond required pursuant to

ARTICLE 14. Within sixty (60) days after notice of the contract award, the Contractor shall submit an invoice to the CRCNV for the cost of the Performance Bond required hereunder.

§3.2 Fees charged by the Contractor for Work performed on the unit price shall include an amount considered by the Contractor to be adequate to cover the Contractor’s overhead and profit for each separately identified item.

§3.3 Fees charged by the Contractor for Work performed at the unit price shall include the

Contractor’s cost of obtaining and paying for all permits and licenses specified in Section

Issued for Bid Section 400—Page 7 February 25, 2019

800, all charges assessed by governmental or regulatory agencies, and all other fees and charges assessed the Contractor by third parties for performance of the Work.

ARTICLE 4 CRCNV'S REPRESENTATIVE. The CRCNV's Representative shall be Mr.

Robert Reese, Assistant Director of Engineering and Operations. The CRCNV’s Representative shall be authorized to act fully on behalf of the CRCNV and, is specifically authorized to request that the Contractor perform services under this Agreement, and to implement those provisions of the Contract Documents not requiring specific authorization of the CRCNV’s statutory

Commission. The CRCNV’s Representative may designate any other employee of the CRCNV to perform his responsibilities under this Contract. The CRCNV’s Representative’s contact information is found in ARTICLE 20.

ARTICLE 5 CONTRACTOR’S REPRESENTATIVE. Within ten (10) days following execution of this Contract by the Contractor, the Contractor shall identify in writing the

Contractor’s Representative. The Contractor’s Representative shall be authorized to act fully on behalf of the Contractor. The Contractor may designate a different individual as its Contractor’s

Representative by written notice to the CRCNV. The Contractor’s Representative’s contact information will be included in ARTICLE 20.

ARTICLE 6 CONTRACTOR'S LICENSE. Contractor must be licensed with the State of

Nevada as follows: possess a full A license, or at a minimum an A-17 license; a full c-2 license, or at a minimum a C-2(e) license; a full C-4 license, or at a minimum a C-4(d) license; or a full

C-15 license or at a minimum a C-15(d) license. Bidder’s license limits must equal or exceed the value of the work being bid. The Contractor's subcontractors providing services under these

Contract Documents shall also, at all times during their employment by the Contractor, be licensed contractors in the State of Nevada. The Contractor, and the Contractor's subcontractors, shall provide copies of their licenses to the CRCNV prior to beginning Work, and upon CRCNV request thereafter.

ARTICLE 7 SUPERVISION AND PERSONNEL. The Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in a safe manner and in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures used by the Contractor to perform the

Work. The Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents.

§7.1 The Contractor shall provide at all times during the Work a competent resident

Superintendent, Project Manager, or General Foreman (On-Site Manager). All communications given to and by the On-Site Manager shall be binding on the Contractor.

Whenever the On-Site Manager is not present at any particular Work site, he shall designate a person in charge (Acting On-Site Manager). Any information given to and by the Acting On-Site Manager shall be as binding as if given to the On-Site Manager.

Issued for Bid Section 400—Page 8 February 25, 2019

§7.2 The Contractor shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site.

ARTICLE 8 DRAWINGS AND DOCUMENTS. The CRCNV shall provide the Contractor with access to the necessary drawings associated with the facilities or equipment to be cleaned hereunder. Copies of documents obtained by the Contractor pursuant to this Contract shall be considered confidential and shall not be used for other than their intended purpose. Copies of documents obtained pursuant to this Contract shall be returned to the CRCNV upon termination of this Contract.

ARTICLE 9 INSPECTION. All Work performed by the Contractor shall be inspected by the

CRCNV, and nonconforming or defective Work and any safety hazards in the work area shall be noted and promptly corrected by the Contractor. The CRCNV shall be permitted access to all parts of the Work. The presence of the CRCNV, however, shall not relieve the Contractor of the responsibility for the proper execution of the Work in accordance with all requirements of the

Contract Documents. Compliance, including correction, is the responsibility of the Contractor.

No act or omission on the part of the CRCNV shall be construed as relieving the Contractor of this responsibility. Inspection of Work later determined to be nonconforming shall not be cause or excuse for acceptance of the nonconforming Work.

ARTICLE 10 DEFECTIVE WORK. The term "defective" is used in these documents to describe Work that is unsatisfactory, faulty, not in conformance with the requirements of the

Contract, or not meeting the requirements of any inspection, test, approval, or acceptance required by law or the Contract Documents.

§ 10.1 If required by the CRCNV, the Contractor shall promptly correct all defective Work. The

Contractor shall bear all direct, indirect, and consequential costs of such correction, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals, made necessary thereby.

ARTICLE 11 SUBCONTRACTORS. The Contractor shall not subcontract any portion of the Work under this Contract without the prior written consent of the CRCNV.

ARTICLE 12 TAXES. The Contractor shall promptly pay all taxes that are lawfully assessed against the Contractor in connection with the Work. The CRCNV is exempt from sales tax pursuant to Nevada Revised Statutes (NRS) 372.325

ARTICLE 13 UNEMPLOYMENT COMPENSATION. The Contractor shall at all times comply with the requirements of NRS 612 (Unemployment Compensation).

ARTICLE 14 INSURANCE, BONDS AND INDEMNIFICATION.

§ 14.1 General. The Contractor shall obtain, at its own expense, all insurance and surety bonds as required in this section. The types of insurance and surety bonds to be obtained are

Workers' Compensation, Employers' Liability, Automobile Liability, Commercial

Issued for Bid Section 400—Page 9 February 25, 2019

General Liability, and Performance Bonds, as outlined in the following portions of this section. The Workers’ Compensation, Employers' Liability and Automobile Liability insurance shall be maintained in force for the full period of this Contract. The

Commercial General Liability insurance shall be maintained in force for the full period of this Contract and for one year thereafter.

§ 14.2 Generally Accepted Professional Practices. The services provided and/or procured by the Contractor pursuant to this Contract shall be in accordance with generally accepted applicable professional practices and principles. The insurance, bond and indemnification required by this Contract shall be in addition to Contractor's duty to perform this Contract and are cumulative to any other right of indemnification or contribution, which the CRCNV may have in law, equity or otherwise and shall survive the completion of Contractor's performance of the Work.

§ 14.3 Insurance Requirements. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, and Contractor’s agents, representatives, employees or subcontractors.

The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under this Contract by the Contractor, his agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional insurance as may be determined necessary.

§ 14.4 Review and Approval. Insurance documents must be submitted for review and approval by the State prior to the commencement of Work by Contractor. Neither approval by the

State nor failure to disapprove the insurance furnished by Contractor shall relieve

Contractor of Contractor’s full responsibility to provide the insurance required by this

Contract. Any modification or variation from the insurance requirements in this Contract shall be made by the State Risk Management Division or the Attorney General’s Office, whose decision shall be final. Such action will not require a formal Contract amendment but may be made by administrative action.

§ 14.5 Indemnification Clause. Contractor shall indemnify, hold harmless and, not excluding the State's right to participate, defend the State, its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys’ fees and costs, (hereinafter referred to collectively as “claims”) for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such

Issued for Bid Section 400—Page 10 February 25, 2019 contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State.

§14.6 Minimum Scope and Limits of Insurance. Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

§14.6.1 Commercial General Liability – Occurrence Form

Policy shall include bodily injury, property damage, broad form contractual liability coverage.

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Each Occurrence $1,000,000

The policy shall be endorsed to include the following additional insured language: “The State of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the

Contractor”.

§14.6.2 Automobile Liability

Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

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

The policy shall be endorsed to include the following additional insured language: “The State of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the

Contractor, including automobiles owned, leased, hired or borrowed by the

Contractor”.

§14.6.3 Worker's Compensation and Employers' Liability

Workers' Compensation Statutory

Employers' Liability

Each Accident $100,000

Disease – Each Employee $100,000

Disease – Policy Limit $500,000

Issued for Bid Section 400—Page 11 February 25, 2019

• Policy shall contain a waiver of subrogation against the State of Nevada.

• This requirement shall not apply when a contractor or subcontractor is exempt under N.R.S., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

§14.6.4 Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract.

Each Claim $1,000,000

Annual Aggregate $2,000,000

§14.6.4.1 In the event that the professional liability insurance required by this

Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this

Contract is completed.

§14.7 Additional Insurance Requirements. The policies shall include, or be endorsed to include, the following provisions:

§14.7.1 On insurance policies where the State of Nevada, Colorado River Commission of Nevada is named as an additional insured, the State of Nevada shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

§14.7.2 The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

§14.8 Notice of Cancellation. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the State, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Mr. Robert Reese, Colorado River

Commission of Nevada, 555 E. Washington Avenue, Suite 3100, Las Vegas, Nevada

89101-1065.

§14.9 Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Nevada with an “A.M. Best” rating of not less than A-VII. The State in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

§14.10 Verification of Coverage. Contractor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required by this

Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Issued for Bid Section 400—Page 12 February 25, 2019

§14.10.1 All certificates and any required endorsements are to be received and approved by the State before Work commences. Each insurance policy required by this

Contract must be in effect at or prior to commencement of Work under this

Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

§14.10.2 All certificates required by this Contract shall be sent directly to Mr. Robert

Reese, Colorado River Commission of Nevada, 555 E. Washington

Avenue, Suite 3100, Las Vegas, Nevada 89101-1065. The State project/contract number and project description shall be noted on the certificate of insurance. The State reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.

§14.11 Subcontractors. Contractor’s certificate(s) shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to the State separate certificates and endorsements for each subcontractor prior to the subcontractor commencing work under this Agreement. All coverages for subcontractors shall be subject to the minimum requirements identified above.

§14.12 Industrial Insurance. The Contractor, and the Contractor's subcontractors, shall also shall procure, and maintain in force during the term of this Contract, industrial insurance as required under Nevada Industrial Insurance Act, NRS 616 and NRS 617, for all of their employees providing services pursuant to this Contract. In the event any class of employees engaged in any Work pursuant to this Contract is not protected under the

Nevada Industrial Insurance Act, then the Contractor shall provide to the CRCNV, adequate insurance coverage in a form and by an insurance carrier satisfactory to the

CRCNV for the protection of such employees.

§14.13 Waiver of Subrogation. Each insurance policy shall provide for a waiver of subrogation against the State of Nevada, its officers, employees and immune Contractors as defined in

NRS 41.0307 for losses arising from work/materials/equipment performed or provided by or on behalf of the Contractor.

§14.14 Primary Insurance. In the event of any claim by a third party for loss, the insurance policies of the Contractor shall be primary insurance as respects any of the CRCNV's insurance whose insurance shall stand in an unbroken chain of coverage excess of the

Contractor’s scheduled underlying primary coverage.

§14.15 Deductibles and Self-Insured Retentions. Insurance maintained by Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention unless otherwise specifically agreed to by the State. Such approval shall not relieve

Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or self-insured retention shall not exceed fifty thousand dollars ($50,000.00) per occurrence, unless otherwise approved by the Risk Management Division.

Issued for Bid Section 400—Page 13 February 25, 2019

§14.16 CRCNV's Right to Obtain Insurance. If the Contractor fails to procure and/or maintain insurance as required herein, the CRCNV shall have the right, in addition to other rights or remedies, if the CRCNV so chooses, to procure and/or maintain the said insurance for and in the name of the Contractor with the CRCNV as co-insured and the

Contractor shall pay the cost thereof and shall furnish all necessary information to make effective and/or maintain such insurance. In the event the Contractor fails to pay such costs, the CRCNV shall have the right to set off any sums from the compensation set forth in this Contract and directly pay for such coverage.

§14.17 Performance Bond. The Contractor shall furnish with the executed Contract, a

Performance Bond in the amount of the Contract Price as security for full performance of all Contractor’s obligations under this Contract. The Contractor shall maintain that

Performance Bond in effect during the term of this Contract and for one year thereafter.

The Performance Bond shall be executed by a surety or sureties included in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal

Bonds and as Acceptable Reinsuring Companies as published in Circular 570 by the

Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department”. A certified copy of agent’s authority to act must accompany a Bond signed by an agent.

Only surety companies authorized to do business in and having an agent for services of process in the State of Nevada will be acceptable. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in Nevada ceases to meet the requirements of the preceding paragraph, the

Contractor shall within ten (10) days thereafter substitute another Bond and Surety, both of which must be acceptable to the CRCNV.

ARTICLE 15 REMEDIES. Except as otherwise provided for by law or this Contract, for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actual damages, and to a prevailing party reasonable attorneys’ fees and costs. For purposes of an award of attorneys’ fees to either party, the parties stipulate and agree that a reasonable hourly rate of attorneys’ fees shall be one hundred and twenty-five dollars ($125.00) per hour. The State may set off consideration against any unpaid obligation of Contractor to any

State agency in accordance with NRS 353C.190.

ARTICLE 16 LIMITED LIABILITY. The State will not waive and intends to assert available

NRS Chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unless otherwise specified in the incorporated attachments. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the fiscal year budget in existence at the time of the breach. Contractor’s tort liability shall not be limited.

ARTICLE 17 GENERAL WARRANTY. Contractor warrants that all services, deliverables, and/or work products under this Contract shall be completed in a workmanlike manner consistent with standards in the trade, profession, or industry, shall conform to or exceed the specifications

Issued for Bid Section 400—Page 14 February 25, 2019 set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no material defects.

ARTICLE 18 NOTIFICATION OF UTILIZATION OF CURRENT OR FORMER

STATE EMPLOYEES. Pursuant to the requirements of NRS 333.705, Contractor represents that he/she is not, and has not been within the past two (2) years, an employee of the State of

Nevada, and that no person employed by Contractor who will be performing services under this

Contract is or has been within the past two (2) years, an employee of the State of Nevada.

ARTICLE 19 DISCRIMINATION. The Contractor shall not, during its performance of this

Contract, discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, or age, including, but not limited to, the following: employment, upgrading, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. Any violation of such provision by the Contractor shall constitute a material breach of this Contract.

ARTICLE 20 DISPUTES. Controversies arising out of this Contract shall be resolved pursuant to the jurisdiction and substantive law of the courts of competent jurisdiction of the

State of Nevada, without giving effect to any principle of conflict-of-law that would require the application of the law of any other jurisdiction. The parties’ consent to the exclusive jurisdiction of and venue in State Courts of competent jurisdiction located in Las Vegas, Nevada for enforcement of this Contract, and consent to personal jurisdiction in such court or…