107Legal Relations and Responsibility to the Public

107.01 Laws to be Observed. Keep fully informed of all Federal and State laws, all local bylaws, ordinances

and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. Observe and comply with all such laws, bylaws, ordinances, regulations, orders and decrees, and protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any such law, bylaws, ordinances, regulations, orders or decrees, whether by yourself or your employees. If the Department suffers any fines or penalties because of the failure to comply with said laws or regulations, the Department may deduct the amount of said fine or penalty from any monies due. Any project related use of areas outside of the highway right of way are subject to all applicable Federal, State, and local laws, regulations, ordinances and clearances (including but not limited to environmental and archaeological clearances), as well as the requirements and conditions as specified herein. Use hauling vehicles transporting materials to and from the project either empty or loaded meeting the requirements and complying with laws and regulations as would be required when traveling on a public street or highway for any other purpose. During the performance of all contracts, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1) Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulation s. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status. (4) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Nevada Department of Transportation (hereinafter, “NDOT”) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the NDOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the NDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a.withholding of payments to the Contractor under the contract until the Contractor complies, and/or b.cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. 107 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 40 The Contractor shall take such action with respect to any subcontract or procurement as the NDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non -compliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation wit h a subcontractor or supplier as a result of such direction, the Contractor may request the NDOT to enter into such litigation to protect the interests of the NDOT, and, in addition, the Contractor may request the United States to enter into such litigatio n to protect the interests of the United States.

107.02 Permits, Licenses , and Taxes. Procure all permits and licenses, pay all charges and fees, and give all

notices necessary and incident to the due and lawful prosecution of the work, including vehicula r registration or prorate registration and carrier licensing as applicable. Privilege taxes are in addition to the above fees. If having vehicles not licensed or registered in Nevada , contact the Motor Carrier Division of the Department of Motor Vehicles, Carson City, Nevada, for full information.

107.03 Patented Devices, Materials , and Processes. If employing any design, device, material , or process

covered by letters of patent or copyright, provide for such use by suitable legal agreement with the patentee or owner. Indemnify and save harmless the State, any affected third party , or political subdivision from any and all claims for infrin gement by reason of the use of any such patented design, device, material , or process, or any trademark or copyright. Indemnify the State for any costs, expenses , and damages which it may be obliged to pay by reason of any such infringement at any time dur ing the prosecution or after the completion of the work.

107.04 Restoration of Surface Opened by Permit. The right to construct or reconstruct any utility service in

the highway or street, or to grant permits for same, at any time, is hereby expressly res erved by the Department for the proper authorities of the municipality or other political subdivision in which the work is done and the Contractor shall not be entitled to any damages either for the digging up of the street or for any delay occasioned ther eby. Any individual, firm, or corporation wishing to make an opening in the highway must secure a permit from the Department. Allow parties bearing such permits, and only those parties, to make openings in the highways. When ordered, make in an acceptable manner, all necessary repairs due to such openings, and such necessary work will be paid for as extra work, and will be subject to the same conditions as original work performed.

107.05 Federal Aid Provisions . (a) Work Subject to Inspection and Approval of Federal Agency. When the

United States Government pays all or any portion of the cost of the work, observe the Federal laws authorizing such participation and the rules and regulations made pursuant to such laws. Subject the work to the inspection of th e authorized representatives of such Federal agencies as are created for the administration of these laws, but such inspection will in no sense make the Federal Government a party to the contract and will in no way interfere with the right of either party hereunder. (b) Fair Labor Standards Act. The Wage and Hour Division, U.S. Department of Labor requires that contractors or subcontractors engaged in highway construction work meet the provisions of the Fair Labor Standards Act of 1938 (52 Stat. 1060) or a s amended. (Title 29, United States Code, Section 201, et seq.). (c) Cargo Preference Act. Contractors or subcontractors engaged in transoceanic shipment of any equipment, material, or commodities pursuant to this contract, are required to meet the provisions of the Cargo Preference Act of 1954 (46 CFR 381, paragraph 7b) or as amended. (d) Nondiscrimination Assurance. The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of thi s contract.

107.06 Sanitary, Health, and Safety Provisions. Provide and maintain in a neat, sanitary condition, such

accommodations for the use of employees as may be necessary to comply with the requirements and regulations of the State Department of Hea lth and of other bodies or tribunals having jurisdiction thereover. Commit no public nuisance. See Federal, State, and local laws, rules, and regulations concerning construction safety and health standards. Do not require any workers to work in surroundin gs or under conditions which are unsanitary, hazardous, or dangerous to their health or safety. Report all illicit discharges, in accordance with Section 6, NS -6 of the Department’s Construction Best Management Practices (BMP) Manual, immediately upon dis covery. LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 107 41 107.07 Public Convenience and Safety. Conduct the work in such a manner as will obstruct and inconvenience traffic as little as possible. Keep existing travel roads and streets adjacent to or within the limits of the improvement, open to and in a good, dust free and safe condition for traffic at all times. See S ection 637 . Maintain said roads and streets by removing any material or debris resulting from or caused by operations and repair any damage which may result from operations. Clean track ou t areas on all public roads at the end of each shift, a minimum of once daily if working multiple shifts, with a combination of water and a mechanical sweeper. For failure to clean track out areas, liquidated damages will be assessed according to Subsectio n 108.09 of the Special Provisions. For those roads and streets actually under physical improvement , see Section 624. Where grading operations are on or adjacent to the existing traveled way, finish the grade immediately after the rough grading is completed and place the surfacing material thereon as the work progresses. So conduct operations as to have under constructio n no greater length or amount of work than can be prosecute d vigorously and do not open up sections of the work and leave them unfinished, but finish the work as it goes insofar as practicable. Perform work in a manner to assure full compliance with all a pplicable Federal, State, and local laws and regulations governing safety, health, and sanitation. Provide adequate safeguards, safety devices, and protective equipment such as are specified in other Sections of these specifications, or other documents and take any other ordered actions as determined reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. At all t imes during the progress of the work or temporary suspension of the work, provide, erect , and maintain all necessary barricades, suitable and sufficient red lights, danger signals, temporary striping and signs, provide a sufficient number of flaggers and t ake all necessary precautions for the protection of the work and safety of the public, and those engaged on the work. Illuminate barricades and obstructions at night with reflectorized signs and lights, and keep lights for this purpose burning from sunset to sunrise. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform with the MUTCD. Retain a person certified by the American Traffic Safety Services Association (ATSSA) as a worksite traffic control supervisor as specified in Subsection 624.03.0 6. No direct payment will be made for providing a worksite traffic control supervisor unless a pay item for a Traffic Control Supervisor is provided in the proposal. Where speed zones are established or where traffic is con trolled either for safety of the traveling public or for protection of the work, do not exceed equipment speeds as ordered.

107.08 Relations with Railroads. (a) Definitions. The following definitions shall apply to the terms as herein

used. Railroad: The railway or railroad company whose tracks are crossed or whose property is adjacent to the work or upon whose property the work is performed. Chief Engineer: The Chief Engineer of the Railroad or his authorized representatives. Railroad Crossing: A crossing at grade of the tracks of a Railroad and the highway. Grade Separation: A permanent structure to effect the separation of grades between the highway and the Railroad. (b) Work or Operations. Subject work or operations on grade separations, Railroad cross ings, or upon Railroad property to inspection by the Chief Engineer, and conduct and perform in a manner satisfactory to the Chief Engineer. So arrange and conduct construction operations as to insure safe and uninterrupted operation of the Railroad traffic. Be responsible for any damages which result either directly or indirectly from the operations. Notify the Chief Engineer in writing, at least 48 hours before starting any work in the proximity of the tracks, setting forth specifically the time at which it is planned to start such work. Unless otherwise provided, do not pile or store any material, or park or use equipment closer than 7.6 m (25 ft) from the centerline of the tracks. Keep the track zone clean of all loose material or debris at all times. Be responsible for any fouling of Railroad ballast resulting from sandblasting and painting operations and reimburse the Railroad for the replacement of all ballast so fouled. In advance of any blasting, notify the Chief Engineer in order that prop er flagging protection may be provided by the Railroad. Sheet excavations in the proximity of the tracks. Submit plans therefore to the Chief Engineer and receive approval before commencing any such excavation. Make arrangements with the Railroad for cros sing Railroad tracks at locations other than existing public crossings and bear all costs relative thereto. 107 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 42 Submit detail plans of falsework and forms for track spans and piers or abutments to the Chief Engineer. Do not commence work thereon until such pla ns have been approved by the Chief Engineer. Do not deviate from falsework plans thus approved without permission of the Chief Engineer. Maintain the temporary vertical and horizontal clearances specified by the Chief Engineer. In the case of impaired vert ical clearances above the top of rail, the Railroad shall have the option to install telltales, or other such protective devices the Railroad deems necessary, for the protection of train persons or rail traffic. Comply with the rules and regulations of th e Railroad with respect to the work or operations on or adjacent to Railroad property. Arrange with the Railroad for the services of such qualified Railroad employees as the Chief Engineer may prescribe to protect and safeguard the Railroad’s property, eng ines, trains and cars. Payment for such services, including compensation, insurance, vacation and holiday time, Railroad retirement and unemployment taxes, health and welfare, accounting and billing charges, will be paid by the Department directly to the R ailroad, except all costs incurred by the Contractor which are applicable to any private crossing agreement(s) not provided in the contract. Any costs incurred relative to private crossing agreements for crossings not provided in the contract shall be paid by the Contractor directly to Railroad according to the Railroad’s payment requirements. Upon completion of the work upon Railroad’s property, promptly remove all tools, equipment , and other materials, whether brought upon said property, and cause said p roperty to be left in a clean and presentable condition. (c) Work or Operations Performed by Railroad. The Railroad may undertake certain work or operations incidental to the project which are the subject of an agreement between the Department and the Rai lroad. Details of such work or operations will be set forth in the Special Provisions. Discuss such items with the Chief Engineer in order to develop a plan to accomplish the work or operations in their logical sequence and order. Bear the cost of movemen t or adjustment of telephone, telegraph , or signal facilities owned, operated , or maintained by the Railroad and not otherwise provided for on the plans or in the Special Provisions. (d) Insurance. Provide and maintain during the effective life of the con tract such special or additional insurance as is required by Subsection 107.11. Furnish such evidence as may be required that such insurance has been provided. (e) Qualification. Be responsible to satisfactorily perform work upon the Railroad’s property. (f) Reference. The provisions of Subsections 624.03.03, and 624.03.04, and 107.11 shall inure directly to the benefit of the Railroad. Union Pacific Railroad Company (a) General. The term “Railroad” shall be understood to mean the Union Pacific Railroad Company. It is expected that the Railroad will cooperate to the end that the work may be handled in an efficient manner, but have no claim for damages or extra compensation in the event work is held up by the work of Railroad forces. (b) Railroad Requirements. Cooperate with the Railroad where work is over or under the tracks, or within the limits of Railroad property, in order to expedite the work and to avoid interference with the operation of Railroad equipment. Contact the Union Pacific Railro ad Company representative listed in the Special Provisions to determine the requirements of the Railroad. Comply with the rules and regulations of Railroad or the instructions of its representatives in relation to the proper manner of protecting the track s and property of Railroad and the traffic moving on such tracks, as well as the wires, signals, and other property of Railroad, its tenants or licensees, at and in the vicinity of the work during the period of construction. The Railroad requires safety t raining for all workers who will be working in the Railroad’s right of way. The Railroad will provide safety training of 4 to 6 hours for the Contractor’s supervisors at a site to be determined by the Railroad. The Contractor’s supervisors will then be res ponsible for training the remaining work force with the curriculum information required by the Railroad. Upon request be prepared to provide records of the completed safety training for all such workers. LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 107 43 Telephone the Railroad’s fiber optic company at 1 -800-336-9193 (a 24 hour number) to determine if a telecommunications system is buried anywhere on or about the premises defined or included herein. If it is, Grantee will telephone the owner of the system designated by Railroad, arrange for a cable locator and make arrangements for relocation or other protection of the system prior to beginning any work on said premises. Perform work in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and property of Rai lroad and the traffic moving on such tracks, as well as wires, signals and other property of Railroad, its tenants or licensees, at or in the vicinity of the work. Except as otherwise provided herein, do not infringe operations on the following minimum cl earances from any Railroad track:

7.6 m (25 ft) horizontally from center line of track

7.0 m (23 ft) vertically above top of rail

Submit any proposed infringement on the above clearances due to operations to the Railroad and to the Engineer, and do not undertake until approved by the Railroad, and until the Engineer has obtained any necessary authorization from any governmental body or bodies having jurisdiction thereover. No extra compensation will be allowed in the event work is delayed pending Railroad approval and governmental authorization. In the case of impaired vertical clearance above top of rail, Railroad shall have the opt ion of installing telltales or other protective devices Railroad deems necessary for protection of Railroad train person or rail traffic. Furnish 6 sets of plans showing details of construction affecting the Railroad’s tracks and property, including those for shoring and supports at excavations, not included in the contract plans, to the Engineer at least 90 days in advance of the time of beginning such work and do not begin such work until notified by the Engineer that such plans have been approved. The E ngineer’s approval of the plans does not relieve the Contractor from the responsibility for results obtained by use of said plans. Give notification in writing, at least 25 days but not more than 40 days in advance of the starting date of installing tempo rary work with less than permanent clearance at each structure site. Do not proceed with work across Railroad tracks unless this requirement has been met. No extension of time or extra compensation will be allowed in the event work is delayed because of fa ilure to comply with requirements in this paragraph. Except in connection with construction of grade separation structures on premises of Railroad, no private crossings at grade over tracks of Railroad for the purpose of hauling earth, rock, paving or oth er materials will be permitted. If desiring, for the purpose of constructing highway -railway grade separation structures, including construction ramps thereto, to move equipment or materials across Railroad tracks, obtain permission from Railroad; and shou ld it be required, execute a private crossing agreement. The crossing installation for the use of Contractor, together with any protective devices, if required, shall be at the expense of the Contractor. Furnish own employees as flagmen to control movement s of vehicles on the private roadway and take all measures necessary to prevent the use of such roadway by unauthorized persons and vehicles. In advance of any blasting, notify Railroad in order that proper flagging protection may be provided. Upon compl etion of the work covered by this contract, upon the premises or over or beneath the tracks of Railroad, promptly remove from the premises of Railroad all tools, implements and other materials, whether brought upon said premises by you or any subcontractor , employee or agent of yourself or of any subcontractor, and cause said premises to be left in a clean and presentable condition. (c) Protection of Railroad Facilities. Railroad representatives, conductors, flaggers or watch persons, will be provided by R ailroad to protect its facilities, property and movements of its trains, or engines. In general, Railroad will furnish such personnel or other protective devices:

107.09 Liab ility Insurance. (a) Insurance Requirements for Contractors. Do not commence any work or allow

any subcontractor to commence any work under this contract until obtaining all insurance and bonds as required. Maintain for the duration of the contract, insura nce against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Consider full compensation for the cost of premiums on the insurance described herein as included in the prices paid for the various items of work to be performed under the contract, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance.

107.10 Explosives. When the use of explosives is necessary for the prosecution of the work, exercise the

utmost care not to endanger life or property, includi ng new work. Be responsible for all damage resulting from the use of explosives. Store explosives in a secure manner in compliance with all laws and ordinances, and clearly mark all such storage places. Where no local laws or ordinances apply, provide sat isfactory storage and in general not closer than 300 m ( 1,000 ft) from the road or from any building or camping area or place of human occupancy. Notify each property owner and public utility company having structures or facilities in proximity to the sit e of the work of the intention to use explosives. Give such notice sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury.

107.11 Responsibility for Damage Claims. Indemnify, def end, and save harmless the Department, its officers

and employees, and its consultants, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons , or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any claims or amount recovered under the “Workman’s Compensatio n Act,” or any other law, ordinance, order or decree; and so much of the money due the said Contractor under and by virtue of his contract as may be considered necessary by the Department for such purpose, may be retained for the use of State; or in case n o money is due, his surety may be held until such suit or suits, action or actions, claim or claims for the injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Department; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. Reimbursement by the State in whole or in part for costs of protecting traffic shall not serve to relieve the Contractor of his responsibility as set forth in these specifications. Traffic control is the responsibility of the Contractor. Agree that neither the traffic control plan provided by the Department, nor the presence of Department personnel or consultants on the job site, nor instructions given by Department personnel or by consultants regarding traffic control will transfer responsibility for the traffic control to the Department or consultants. The purpose of Department inspectors or consultants is to ensure that the contract is performed according to its terms, and that the traffic control is maintained properly for the safety of workers and travelers. Department inspectors or consultants are not provided for the benefit of the Co ntractor. Guarantee the payment of all just claims for materials, supplies and labor, and all other just claims against him or any subcontractor, in connection with this contract. It is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or propert y damage pursuant to the terms or provisions of this contract.

107.12 Protection and Restoration of Property and Landscape. Be responsible for the preservation from

injury or damage resulting directly or indirectly from the work under this contract of all public and private property, crops, trees, vegetation, monuments, fences, highway signs, and markers, etc., along and adjacent to the highway. 107 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 48 Use every precaution necessary to prevent damage to pipes, conduits and other underground structures, to poles, wires, cables, and other overhead structures, whether shown on the plans or not. Carefully protect all land monuments and property marks from disturbance or damage until the Engineer has witnessed or otherwise referenced their location, and do not remove t hem until directed. Do not willfully or maliciously injure or destroy trees or shrubs and do not remove or cut them without proper authority. Be responsible for all damage or injury to property of any character during the prosecution of the work resulting from any act, omission, neglect, or misconduct in the manner or method of executing said work, or at any time due to defective work or materials. Such responsibility shall not be released until the project has been completed and accepted. Be responsible for the preservation of archeological and paleontological objects, including all ruins, sites, buildings, artifacts, fossils, or other objects of antiquity encountered during construction. When such objects are encountered, immediately cease operations and give notification that such objects exist. The Engineer will notify the Manager of the Cultural Resource Section of the Department. Reschedule construction operations to avoid the section until given written notification to proceed with operations. Exten sion of contract time will be allowed for any delay due to preservation of archeological and paleontological objects. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglec t or misconduct in the execution of the work or in consequence of the nonexecution thereof on part of the Contractor, restore at own expense such property to a condition similar or equal to that existing before such damage or injury was done by repairing, rebuilding , or otherwise restoring as may be directed, or make good such damage or injury in an acceptable manner. In case of failure to restore such property or make good such damage or injury the Engineer may, upon 48 hours written notice, proceed to rep air, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any money due, or which may become due. Restrict the movement of vehicles and other construction equipment and personnel to the construct ion area and designated roads. Take every precaution to prevent the marking of the natural ground with equipment tracks or other means outside of the slope stake areas on either side of the roadway and in median areas where it is not required to disturb th e existing ground. Satisfactorily eradicate such markings of the natural ground caused by equipment, personnel, or operations, at own expense. Locate roads in ditch and dike areas and do not allow equipment to travel outside the area to be occupied by said ditch or dike, except as provided for in Subsection 203.03.10. Cross median areas at structures or approved areas. Where there is a high potential for erosion and subsequent water pollution, hold the area of erosive land that may be exposed by constr uction operations at any one time to a minimum, and keep the duration of the exposure of the uncompleted construction to the elements as short as practicable. Construct erosion control features concurrently with other work and at the earliest practicable t ime. See Section 211 and 637. Do not disturb the lands and waters that are outside the limits of the construction as staked, except as may be found necessary and approved.

107.13 Forest Protection. Do not burn as a method of disposal. Abide by such rules and instructions as to fire

prevention and control as the authorized representative of the appropriate agency having jurisdiction may prescribe. Take all necessary steps to prevent employees from setting fires during construction of the project and, under the direction of the appropriate Federal, State , or other agency, or, in the absence of an officer from any such agency, acting independently, extinguish all fires set or caused by employees and all other fires which may escape on the project, whether or not set directly or indirectly as a result of construction operations, without expense to the State or Federal government. Where obligated to suppress any fire, without expense to the State or Federal government, and if the amount of labor, subsistence, su pplies and transportation which is furnished is inadequate in the opinion of the jurisdictional agency, then such agency may procure additional help or facilities and charge the expenses to the Contractor. These expenses shall be billed to the Contractor f or payment directly by him, and if not promptly met by him will be deducted from the money due or which may become due under this contract. Maintain a fire patrol in the vicinity of blasting and other operations creating a fire hazard. When, in the opinio n of the agency having jurisdiction, such a patrol is unnecessary because of weather conditions, notification will be given. LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 107 49 Correct any unsafe condition as directed.

107.14 Disposal of Material Outside Highway Right of Way. Make own arrangements for disposal of

materials outside the highway right of way and pay all costs involved. When any non -hazardous earth material, composed of rock and soil, is to be disposed of outside the highway right of way, first obtain a written permit from the property own er on whose property the disposal is to be made and submit said permit or the certified copy thereof together with a written release from the property owner absolving the State of any and all responsibility in connection with the disposal of non -hazardous earth material on said property. Before any non -hazardous earth material is disposed of on said property, obtain written permission from the Engineer to dispose of the non -hazardous earth material at the location designated in the said permit. Such dispos al sites will not be approved when located within 300 m (1,000 ft) of a State highway right of way if the material placed thereon can be seen from said highway. When any other non -hazardous material, including asphaltic material, concrete, steel , and wood is to be disposed of outside the highway right of way, dispose of it at an authorized Class I or II municipal landfill or at a permitted Class III industrial landfill permitted to accept only industrial solid waste. It is encouraged that surplus non -haza rdous material, including asphaltic material, concrete, steel, and wood be salvaged for recycling or converting to a new use, such as asphaltic grindings utilized as shouldering or base material, timbers for landscaping, or steel to a salvage yard, rather than disposing of the material. Do not place asphaltic material within 15 m (50 ft) of any live stream or other body of water. If any such non -hazardous material is to be salvaged outside the highway right of way, first obtain a written permit from the pro perty owner on whose property the salvage is to be made and file with the Engineer said permit or the certified copy thereof together with a written release from the property owner absolving the State of any and all responsibility and liability in connecti on with the salvage of non -hazardous material on said property. Before any non -hazardous material is salvaged on said property, obtain written permission from the Engineer to salvage the non -hazardous material at the location designated in the said permit. In addition to all other provisions of this agreement, handle, transport , and dispose of any waste materials generated from this project which are wastes subject to regulation as hazardous wastes as defined in the Nevada Administrative Code (NAC) 444.856 5 according to the applicable Federal, State , and local regulations governing such handling, transport, and disposal. Exercise precautions to prevent the discharge of hazardous wastes into the work area, any waterway , or the general environment. Contact t he Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, (775) 687 -5872, for specific information and assistance. The following shall apply to all Contractor obtained disposal sites located outside the right of way except public or commercial dumping grounds which have been approved for general use by appropriate governmental authorities: (a) Before approval of such disposal sites, procure all necessary permits and clearances for the proposed site. These clearances shall include environmental and cultural resource clearances pursuant to the National Environmental Policy Act (NEPA) and the National and Historic Preservation Act (36 CFR 800). Insure that the clearances cover the entire site including any haul roads an d/or other affected areas such as pipelines, storage areas, etc. Upon completion of the clearance reports, provide three copies of each report. The reports will be forwarded to the Department’s Environmental Services Division (ESD) for review and submissio n to external regulatory agencies as appropriate. Once the clearances have been obtained, the ESD will notify the Engineer that the Contractor may proceed with the use of the proposed site. Do not begin operations until given notification in writing. (b) Uniformly grade the site to drain and to blend with surrounding terrain. (c) Finish slopes created by disposing of waste to a ratio of not less than 1:3 (3:1). (d) Provide written evidence at completion of project, that the landowner has accepted the post construction condition of the site and that all the terms of the agreement have been met. Consider full compensation for all costs involved in disposing of material as specified in this Subsection, including all costs of hauling, as included in the price paid for the contract items of work involving such materials. 107 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 50 107.15 Relief from Maintenance and Responsibility. Upon the written request, or upon order, the duty of maintaining and protecting certain portions of the work as described below, which ha ve been satisfactorily completed in all respects according to the requirements of the contract may be relieved, and will not be required to do further work thereon. Such action will relieve the responsibility for injury or damage to said completed portions of the work resulting from use by the public traffic or from the action of the elements or from any other cause, but not from injury or damage resulting from operations or from own negligence. Portions of the work for which the duty of maintenance and pr otection may be relieved as provided in the above paragraph include but are not limited to the following: (a) The completion of 400 m (1,320 ft) of roadway or 400 m (1,320 ft) of one roadway of a divided highway or a frontage road including the traveled w ay, shoulders, drainage control facilities, planned roadway protection work, lighting , and any required traffic control and access facilities. (b) A bridge or other structure of major importance. (c) A complete unit of a traffic control signal system or of a highway lighting system. (d) A complete unit of highway protection work. (e) Any required traffic control and access facilities if the roadway or structure is to be used by public traffic before completion of the contract. (f) Nonhighway facilities constructed for other agencies. However, do not consider anything in this Subsection as relieving full responsibility for making good any defective work or materials found at any time before the formal written acceptance of the entire contract.

107.16 C ontractor’s Responsibility for the Work and Materials. Until the acceptance of the contract,

maintain the charge and care of the work and of the materials to be used therein (including materials for which partial payment has been received as provided in Su bsection 109.06) and bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work, except as provided in Subsection 107.15. Rebu ild, repair, restore , and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and bear the expense thereof, except as otherwise expressly provided in Subsection 203.03.09, and Subsection 619.03.01, for object markers and guide posts, and except for such injuries, losses , or damages as are directly and approximately caused by acts of the Federal Government or the public enemy. Where necessary to protect the work o r materials from damage, at own expense, provide suitable drainage of the roadway and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve respon sibility for the work and materials as herein specified. If ordered, at own expense, properly store materials which have been partially paid for by the State or which have been furnished by the State. Provide such storage on behalf of the State and the Sta te shall at all times be entitled to the possession of such materials, and promptly return the same to the site of the work when requested. Do not dispose of any of the materials so stored except on written authorization.

107.17 Contractor’s Responsibility for Utility Property and Service. Where operations are adjacent to

properties of Railroad, utility or television cable companies, or are adjacent to other property, damage to which might result in considerable expense, loss, or inconvenience, do not commence work until all arrangements necessary for the protection thereof have been made. Do not begin any operations which may interfere with or impair the normal service being rendered by public or private utility operator s, until such operators have been notified. Cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, and that duplication of rea rrangement work may be reduced to a minimum, and that services rendered by those parties will not be unnecessarily interrupted. Be responsible for the protection of the property of public or private utilities within the limits of the work. In general, rep air and adjustment of street structures such as pipe lines, services, telephone, and electric lines, above or below the ground, will be made by the owners thereof. When included in the proposal, the adjustment of sewer manhole frames and covers, inlets and catch basin frames and covers and the like, will be within the Contractor’s responsibility. See that they are adjusted to conform to the lines, grades, and typical cross sections as shown on the plans, or as prescribed, even if the repairs and the roughin g-in work were performed by others. LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 107 51 Maintain pipes or other construction in continuous service as far as practicable and properly protect and support. Do not interrupt water service outside of working hours. At all times allow the fire department access t o fire hydrants. Do not place materials or other obstructions closer to a fire hydrant than permitted by ordinances, rules, or regulations or within 4.5 m (15 ft) of the fire hydrant in the absence of such ordinances, rules, or regulations. Give notice in writing to the proper authorities in charge of streets, gas, water pipes, electric and other conduits, Railroads, poles, manholes, catch basins , and all other property that may be affected by the operations, not less than 2 working days, but not more than 14 days before breaking ground. In the event of interruption to water or utility services as a result of accidental breakage, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible. Utility installations shown on the plans are located according to best information obtained by the Department; however, consider it normal and expected that elevations and alignment of said utilities may vary from that shown on the plans, and also that utiliti es may be encountered that are not shown on the plans. The Contractor is solely responsible for ascertaining the actual location of all utility installations prior to beginning any excavation or other construction activity which may affect any utility inst allation. Consider it normal and expected that utilities will prove to be an impediment to the operations and that use of other than the usual equipment and construction methods in accomplishing the necessary work over, around , or under such utility instal lations may be necessary. Locate and properly protect all utility installations. Repair all utility installations that are damaged by, or due to, operations or negligence. See Subsection 105.0 7. Contact “UNDERGROUND SERVICE ALERT” not less than 2 workin g days, but not more than 14 days, before starting any excavation. Contact by telephone and comply with all instructions so received. The toll free number is 1-800-227-2600. If an underground facility must be located or adjusted for construction operation s and its location is different from that shown on the plans, additional compensation may be received. This compensation will be for the difference between the costs incurred in finding the actual location of the facility and the costs of finding the reput ed location of the facility and will be paid for as extra work.

107.18 Furnishing Right of Way. The Department will be responsible for the securing of all rights of way

shown in the plans.

107.19 Personal Liability of Public Officials. In carrying out an y of the provisions of these specifications or in

exercising any power or authority granted to them by or within the scope of the contract, there shall be no liability upon the Directors, Engineer, or their authorized representatives, either personally or as officials of the State, with it being understood that in all such matters they act solely as agents and representatives of the State.

107.20 No Waiver of Legal Rights. The Department shall not be precluded or estopped by any

measurements, estimate or certificate made either before or after the completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed, and materials furnished, nor from showing that any such measurements, estimate or certificate is untrue or is incorrectly made, nor that the work or materials do not in fact conform to the contract. The Department shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certif icate and payment in accordance therewith, from recovering from the Contractor or his sureties or both, such damages as it may sustain by reason of his failure to comply with the terms of the contract. Neither the acceptance by the Department, or any repre sentative of the Department, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the Department, shall operate as a waiver of any portion of the contract or of any power herein rese rved, or of any right to damages. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach.

107.21 Water Supply. (a) General. Provide an adequate water supply. Negotiate with owners of supply and

sign an ag reement with each owner before removing the water. Furnish a copy of said agreement. Pay all royalties occurring under such agreements and also obtain any necessary right of way. 107 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 52 (b) Water Wells and Well Points for Dewatering. Be aware that water usage may be limited in the project area. Monitoring the usage and effects on adjacent wells may also be required by the Department of Conservation and Natural Resources, Division of Water Resources. Contact the Office of the State Engineer for possible restrict ions at (702) 486 -2770 in Southern Nevada and (775) 684 -2800 in Northern Nevada. If electing to obtain water from an existing well or to drill a well for highway construction purposes, request a waiver be issued in accordance with Nevada Revised Statutes and the Nevada Administrative Code. File all requests for waiver to the Engineer on the form from the Division of Water Resources website (http://water.nv.gov/). Ensure the request package includes the following information:

108.01 Subletting of Contract. Do not sublet, sell, transfer, assign, or otherwise dispose of the contract or

contracts or any portion thereof or right, title or interest therein, without prior written consent of the Engineer and of the surety. The subcontractor or assignee shall not have any claim against the Department by reason of the approval of the subcontract or assignment. Submit requests fo r permission to sublet, assign, or otherwise dispose of any portion of the contract in writing and accompany with a letter showing that the organization which will perform the work is particularly experienced for such work. Consent to sublet, assign, or o therwise dispose of any portion of the contract shall not be construed to relieve the Contractor of his liability under the contract and bonds. Without exception and before the performance of any work by a subcontractor, submit a request to sublet and 2 ce rtified copies of a fully executed subcontract between the Contractor and the subcontractor. This also applies to lower tier subcontracts. In preparing such copies , the prices agreed upon for the work may be omitted, except as follows: (a) The type, amou nt, and price for partial items of work must be clearly indicated. (b) Subcontracts with DBE /SBE firms must clearly show the type, amount, and agreed price for the work. The subcontractors shall not begin work on the contract until after these documents have been reviewed and approved. All subcontractors and assignees of the prime or general Contractor shall be required to comply with the provisions of NRS 408.373 in the same manner as the prime or general Contractor. See the paragraph contained in Subsection 110.01 pertaining to Title 29, Co de of Federal Regulations,

Part 1926 — .

See Subsection 102.03 for subcontractor information required on the day of bid opening. According to NRS 338.141 , do not substitute any person for a subcontractor who is na med in the bid, unless: (a) The Department objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or (b) The substitution is approved by the Department and: