Attachment - NDOT 2014 Standard Specifications.pdf

STATE OF NEVADA

DEPARTMENT OF TRANSPORTATION

NEVADA DEPARTMENT OF TRANSPORTATION

Standard Specifications for

Road and Bridge Construction

NEVADA DEPARTMENT OF TRANSPORTATION

Standard Specifications for

Road and Bridge Construction

RUDY MALFABON, P.E.

NDOT Director

PAUL FROST, P.E.

Chief Road Design Engineer

RAYMOND HURLEY, P.E.

Specifications Engineer

BOARD OF DIRECTORS:

BRIAN SANDOVAL, Governor, Chairman

BRIAN KROLICKI, Lt. Governor

KIM WALLIN, Controller

FRANK MARTIN

TOM SKANCKE

LEN SAVAGE

TOM FRANSWAY

CARSON CITY, NEVADA

iii

TABLE OF CONTENTS

DIVISION I — GENERAL REQUIREMENTS

SECTION PAGE

101 Terms and Definitions 102 Bidding Requirements and Conditions 103 Award and Execution of Contract 104 Scope of Work 105 Control of Work 106 Control of Material 107 Legal Relations and Responsibility to the Public 108 Prosecution and Progress 109 Measurement and Payment 110 Wages and Conditions of Employment

DIVISION II — CONSTRUCTION DETAILS

200 Construction Stakeout 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Embankment 206 Structure Excavation 207 Backfill 209 Drain Backfill 211 Erosion Control 212 Landscape and Aesthetics 213 Irrigation Systems 214 Mailbox Systems 302 Aggregate Base Courses 304 Portland Cement Treated Base 305 Roadbed Modification 307 Shouldering Material 401 Plantmix Bituminous Pavements — General 402 Plantmix Bituminous Surface 403 Plantmix Bituminous Open-graded Surface 404 Cold Recycled Bituminous Surface and Premixed Bituminous Paving Material 405 Tack Coat 406 Prime Coat 407 Seal Coat 408 Surface Treatment 409 Portland Cement Concrete Pavement 410 Concrete Pavement Resurfacing 418 Micro-surfacing 501 Portland Cement Concrete 502 Concrete Structures 503 Prestressed Concrete and Precast Members 504 Lightweight Concrete for Structures 505 Reinforcing Steel 506 Steel Structures 508 Driven Piles 509 Drilled Shaft Foundations 600 Trench Drains 601 Pipe Culverts — General 603 Reinforced Concrete Pipe 604 Corrugated Metal Pipe and Metal Arch Pipe 605 Plastic Pipe 606 Structural Plate Culverts 607 Underdrains 608 Downdrains 609 Inlets and Manholes 610 Riprap iv

SECTION PAGE

611 Concrete Slope Paving 613 Concrete Curbs, Gutters, and Sidewalks 614 Painting 616 Fencing 617 Cattle Guards

618 Guardrail 619 Object Markers and Guide Posts 621 Monuments 623 Signals, Lighting, and Intelligent Traffic Systems 624 Accommodations for Public Traffic 625 Construction Signs 627 Permanent Signs 628 Mobilization 629 Time Related Overhead 632 Permanent Painted Pavement Markings 633 Pavement Markers 634 Pavement Marking Film 635 Temporary Pavement Striping Tape 636 Temporary Painted Pavement Marking 637 Temporary Pollution Control 640 Retaining Walls 641 Vehicular Impact Attenuators 642 Mechanically Stabilized Earth Walls 643 Ground Anchors 644 Soil Nail Retaining Walls 646 Dampproofing, Waterproofing, Sealing, and Membranes 660 Pneumatically Placed Concrete Mortar

DIVISION III — MATERIALS DETAILS

701 Portland Cement 702 Concrete Curing Materials and Admixtures 703 Bituminous Materials 704 Base Aggregates 705 Aggregates for Bituminous Courses 706 Aggregates for Portland Cement Products 707 Joint Material 708 Concrete and Plastic Pipe 709 Metal Pipe and Drains 710 Structural Steel 712 Miscellaneous Metal 713 Reinforcement 714 Paint 715 Galvanizing 716 Sign Materials 718 Timber Material 719 Riprap 720 Guardrail Materials 721 Object Markers and Guide Posts 722 Water 724 Fence Materials 725 Elastomeric Bearing Pads 726 Roadside Materials 728 Epoxy 729 Traffic Paint 730 Traffic Beads 731 Engineering Fabrics 732 Pavement Marking Film

APPENDIX

DIVISION I

GENERAL REQUIREMENTS

SECTION 101

TERMS AND DEFINITIONS

101.01 Meaning of Terms. These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject, “the Contractor,” is implied. For example, when words or phrases such as “Construct switches with . . . ,” “Furnish 3 sets . . . ,” “Test the material after . . . ,” “Make provisions for . . . ,” “Equip the paver with . . . ,” “Place the concrete . . . ,” or any other similar words or phrases are stated, it shall be understood “The Contractor shall” perform such work, comply with the requirements of, furnish such material, or take such action. In material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project.

The words “shall” and “shall be” are also implied, and when implied or stated are to be considered mandatory and generally pertain to requirements or actions of the Contractor.

Whenever the Contractor is specifically directed or implied by these specifications to “give notification” or “notify,” it is implied that the Contractor give such notification to the Engineer. Likewise, whenever the specifications state “notification will be given,” or “will be notified,” it is implied that the Engineer will give such notification to the Contractor.

Whenever anything is, or is to be, done, if, as, or, when, or where “contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned,” it shall be understood as if the expression were followed by the words “by the Engineer” or “to the Engineer.”

The word “will” generally pertains to decisions or actions of the Engineer.

101.02 Abbreviations. Wherever the following abbreviations are used in these specifications or on the plans, they are to be construed the same as the respective expressions represented:

AAN — American Association of Nurserymen AASHTO — American Association of State Highway and Transportation Officials

ACI — American Concrete Institute AGC — Associated General Contractors of America AISC — American Institute of Steel Construction AISI — American Iron and Steel Institute

ANSI — American National Standards Institute ASA — American Standards Association

ASTM — American Society for Testing and Materials AWG — American Wire Gauge AWS — American Welding Society

AWWA — American Water Works Association EIA — Electronic Industries Association ETL — Electrical Testing Laboratories

FHWA — Federal Highway Administration FSS — Federal Specifications and Standards, General Services Administration IES — Illumination Engineering Society

IMSA — International Municipal Signal Association ITE — Institute of Transportation Engineers MIL — Military Specifications

MUTCD — Manual on Uniform Traffic Control Devices (for Streets and Highways) NDOT — Nevada Department of Transportation

NEC — National Electric Code NEMA — National Electrical Manufacturers Association

101 TERMS AND DEFINITIONS

NRS — Nevada Revised Statutes OSHA — Occupational Safety and Health Administration QPL — Qualified Products List RUS — Rural Utilities Service SI — International System of Units UL — Underwriters Laboratories, Incorporated

101.03 Definitions. Wherever in these specifications or in other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

Advertisement. The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished.

Approve, Approved, Approval. Determination of the Engineer that the Contractor’s chosen materials or procedures conform to the requirements of the plans and specifications with respect to providing an acceptable and safe project. These terms shall not be construed as a warranty by the Department that the Contractor’s methods will succeed or will be the most efficient or economical method of accomplishing the work, nor shall the terms be construed as a warranty that the actual materials used in construction will perform as represented in test results supplied to the Department by the Contractor.

Award. The acceptance of a bid by the Department.

Base Course. The layer or layers of specified or selected material of designed thickness on a subbase or a sub-grade to support a surface course.

Bid, Bid Proposal, Proposal. The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted.

Bidder. An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, submitting a bid for the advertised work.

Bridge. A structure, including supports, erected over a depression or an obstruction, such as water, a highway, or railway, and having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of roadway of more than 6 m (20 ft) between undercopings of abutments or spring lines of arches or extreme ends of openings for multiple boxes for multiple pipes. For multiple pipes to be measured the clear distance between openings shall be less than half of the smaller contiguous opening.

Bridge Length. The greater dimension of a structure measured along the center of the roadway between backs of abutment backwalls or between ends of bridge floor.

Bridge Roadway Width. The clear width of structure measured at right angles to the center of the roadway between the bottom of curbs or, if curbs are not used, between the inner faces of parapet or railing.

Calendar Day. Every day shown on the calendar, beginning and ending at midnight.

Channel. A natural or artificial water course.

Construction Easement. An acquired right of use over the property of another for the purposes of constructing highway related features outside NDOT right of way limits. Right of use may be temporary in nature (TE) or permanent (PE).

Contract. The written agreement between the Department and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor and materials, and the basis of payment.

The contract includes the invitation to bid, proposal, any subcontractor or DBE/WBE forms, contract form and contract bond, standard specifications, supplemental notice, special provisions, general and detailed plans, notice to proceed, and any change orders and supplemental agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions and basis of payment thereof, all of which constitute one instrument.

TERMS AND DEFINITIONS 101

Contract Bond. The approved form of security, executed by the Contractor and his surety or sureties, guaranteeing complete execution of the contract and all supplemental agreements pertaining thereto and the payment of all legal debts pertaining to the construction of the project.

Contract Change Order. A written order to the Contractor, covering changes in the plans, specifications or quantities, within the scope of the contract, and establishing the basis of payment and time adjustments for the work affected by the changes.

Contract Item (Pay Item). An item of work specifically described and for which a price, either unit or lump sum, is provided. It includes the performance of all work and the furnishing of all labor, equipment, and materials described in the text of a specific item included in the contract or described in the standard specifications, supplemental specifications or special provisions, or supplemental notices of the contract. Contract items are numbered so that the first 3 digits of the item number correspond to the Section of the same number. Thus, in Item No. 203 0140, which is the item number for Roadway Excavation, the number 203 is the Section number and corresponds to Section 203 of the Standard Specifications.

Construct each contract item under the specifications contained in the Section of the same number, i.e., the number preceding aforementioned last 4 digits.

Contractor. The individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, contracting with the Department for performance of prescribed work.

Contract Time. Specified time allowed for completion of the contract.

In case a calendar date of completion is shown in the proposal in lieu of the number of working or calendar days, the contract shall be completed by that date.

Culvert. Any structure not classified as a bridge which provides an opening under the roadway.

Day. Day shall be understood to mean calendar day, unless specified otherwise.

Department. The party of the first part to a contract which shall be the Department of Transportation as constituted under the laws of the State of Nevada, for the administration of highway work.

Detour. A temporary route for traffic around a closed portion of road.

Directors. The directors of the Department of Transportation of the State of Nevada as established by the laws of the State of Nevada, acting directly or through their authorized representatives.

Disadvantaged Business Enterprise (DBE). A firm certified by NDOT under Title 49 Code of Federal Regulations Part 26 to participate in the Federal DBE program.

Divided Highway. A highway with separated roadways for traffic in opposite directions.

Employee. Any person working on the project mentioned in the contract of which these specifications are a part, and who is under the direction and control of, or receives compensation from, the Contractor or his subcontractor.

Engineer. The Director of the Department of Transportation of the State of Nevada, acting either directly or through his duly authorized representatives, who is responsible for the engineering supervision of the construction.

Equipment. All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.

Extra Work. An item of work not provided for in the contract as awarded but found essential to the satisfactory completion of the contract within its intended scope.

Frontage Road or Frontage Street. A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

Highway. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way.

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

Holidays. In the State of Nevada, these occur on:

January 1 (New Year’s Day) Third Monday in January (Martin Luther King Jr.’s Birthday) Third Monday in February (Presidents Day) Last Monday in May (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) Last Friday in October (Nevada Day) November 11 (Veterans’ Day) Fourth Thursday in November (Thanksgiving Day) Friday following fourth Thursday in November (Family Day) December 25 (Christmas Day) or on any day that may be appointed by the President of the United States for public fast, thanksgiving, or as a legal holiday.

If January 1, July 4, November 11, or December 25 falls upon a Sunday, the Monday following shall be observed as a holiday.

If January 1, July 4, November 11, or December 25 falls upon a Saturday, the Friday preceding shall be observed as a holiday.

Inspector. The Engineer’s authorized representative assigned to make detailed inspections of contract performance.

Invitation to Bid. The official notice inviting bids for the proposed work.

Laboratory. The testing laboratory of the Department or any other testing laboratory which may be designated by the Engineer.

Major Contract Item. A “major item” shall be construed to be any individual bid item included in the proposal that has a total cost equal to or greater than $50,000 or 5% of the total contract cost, whichever is the lesser amount.

The total contract cost shall be computed on the basis of the proposal quantities and contract unit prices.

Materials. Any substances specified for use in the construction of the project and its appurtenances.

Materially Unbalanced Bid. A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Department.

Mathematically Unbalanced Bid. A bid is mathematically unbalanced if the bid contains lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs.

Median. That portion of a divided highway separating the travel ways for traffic generally in opposite directions.

Notice to Proceed. A written notice to the Contractor to proceed with the contract work.

Pavement Structure. The combination of base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

Plans. The approved project plans and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the plans whether or not noted in the Special Provisions.

TERMS AND DEFINITIONS 101

In the above definition, these terms are defined as follows:

(a) Standard Plans — The Standard Plans of the Department.

(b) Project Plans — The project plans are specific details and dimensions peculiar to the work and are supplemented by the standard plans insofar as the same may apply.

Profile Grade. The trace of a vertical plane intersecting the top surface of the proposed structural section as shown on the plans. Profile grade means either elevation or gradient of such trace according to the context.

Project. The specific section of the highway together with all appurtenances and construction to be performed thereon at the prices quoted.

Proposal Form. The approved form on which the Department requires bids to be prepared and submitted for the work.

Proposal Guaranty. The security furnished with a bid to guarantee that the bidder will enter into the contract if his bid is accepted.

Right of Way. A general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to transportation purposes.

Road. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way.

Roadbed. The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders.

Roadside. A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

Roadside Development. Those items necessary to the complete highway which provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the highway.

Roadway. The portion of a highway within limits of construction.

Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Sidewalk. That portion of the roadway primarily constructed for the use of pedestrians.

Special Provisions. Additions and revisions to the Standard Specifications covering conditions peculiar to an individual project.

Specifications. The directions, provisions, and requirements contained in the Standard Specifications as modified by the Special Provisions. Whenever the term “these specifications” is used in this book, it means the provisions set forth in this book.

State. The State of Nevada acting through its authorized representatives.

Street. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way.

Structures. Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, end walls, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the work and not otherwise classed herein.

Subcontractor. Regardless of license requirements, any individual, partnership, firm, corporation or any acceptable combination thereof, or joint venture, to which the Contractor, with the consent of the Department, sublets any part of the contract.

Subgrade. The top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed.

Substructure. All of that part of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, together with backwalls, wingwalls, and wing protection railings.

Superintendent. The Contractor’s authorized representative in responsible charge of the work, present on the work at all times during the progress to supervise and direct the construction, to receive and fulfill instructions from the Engineer, and to accept orders for changed and extra work.

Superstructure. All that part of a structure above the bearings of simple and continuous spans, skewbacks of arches and top of footings of rigid frames; excluding backwalls, wingwalls, and wing protection railings.

Supplemental Agreement. A written agreement made and entered into by and between the Contractor and the Department covering work not otherwise provided for, revisions in or amendments to the terms of the contract, or conditions specifically prescribed in the specifications as requiring supplemental agreements. Such supplemental agreements become a part of the contract when approved and properly executed.

Supplemental Notice. Additions and revisions to the plans and specifications that are written and issued to prospective bidders after advertisement and before the bid opening.

Surety. The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the

Contractor.

Surface Course. One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top layer is sometimes called “wearing course.”

Traffic Lane. The portion of a traveled way for the movement of a single line of vehicles.

Traveled Way. That portion of roadway for the movement of vehicles exclusive of shoulders and auxiliary lanes.

Work. The furnishing of all labor, materials, equipment, and incidentals necessary or convenient to the successful completion of the project and the carrying out of the duties and obligations imposed by the contract.

Working Day. A calendar day on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for the major part of the day (5 hours) with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time, exclusive, however, of Saturdays, Sundays, State recognized holidays, and any day that is incumbent upon the Contractor, by means of a labor union, to observe as a holiday. However, if the Contractor elects to work on such days, those days will be considered as a working day.

Working Drawings (Shop Drawings). Demolition and removal plans, shoring and cofferdam plans, falsework plans, shop fabrication details, erection procedures, prestressing details, and any other supplementary plans or similar data which the Contractor is required to submit to the Engineer for approval.

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

102.01 Invitation to Bid. The Department will give notice of letting of the work. The “Invitation to Bid” will contain a description of proposed work, together with information to the bidder regarding access to the proposal forms, plans, specifications, and the reservation of the right of the Department to reject any or all bids.

102.02 Prequalification of Bidders. All bidders shall be prequalified as required by law. To be qualified, submit, under oath, on the standard form furnished by the Department, a statement of your financial ability and experience in the performance of contracts for public work. Attest to the verity of the data submitted by executing the appropriate affidavit which is a part of the “Contractor’s Statement of Experience and Financial Condition for Prequalification.” After verifying the information contained in the statement, the Department will notify the submitter of the maximum bidding capacity and class of work upon which he will be eligible to bid.

In order to remain on the qualified list, submit a new statement before the expiration of the current prequalification. If not already qualified, submit a statement of financial ability and experience, current within 9 months, at least 5 full days before the date set for the opening of bids in order to have it considered, but qualification will not be granted until such statement has been verified.

No contract will be awarded to a Contractor with a prequalification statement which is not current on the date the contract is awarded.

Nothing contained in this Section shall be construed as depriving the Department of its discretion in the matter of determining the lowest responsible bidder.

On Federal-aid projects, Contractor’s pre-qualified by the Nevada Department of Transportation, and their subcontractors, are not required to be licensed in advance of submitting a bid or having such bid considered. Both Contractors and their subcontractors shall have obtained a valid Contractor’s license, in accordance with the provisions of NRS Chapter 624, as of the award date of the contract. If a subcontractor is unable to obtain proper licensure prior to the award date, the Contractor may substitute a subcontractor with proper licensure after opening of the bid and prior to the award date. Failure to comply with these licensing requirements by a Contractor or its subcontractor as of the award date will result in the Contractor’s bid becoming null and void. Execution of the contract by the Contractor shall be deemed a certification that the licensing requirements have been met. Contractor and subcontractor are encouraged to submit application for licensure to the Nevada State Contractor’s Board in advance of contract advertisement.

No bid will be accepted from a Contractor to whom a proposal form has not been issued by the Department.

102.03 Contents of Proposal Forms. Upon request, the Department will furnish the prospective bidder with a proposal form. This form will state the location and description of the contemplated construction and will show the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the work must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals. The form will also include any special provisions or requirements which vary from or are not contained in the standard specifications.

All papers bound with or attached to the proposal form are considered a part thereof and do not detach or alter them when submitting the proposal.

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

Pay the Department the sum stated in the advertisement and “Invitation to Bid” for each copy of proposal form and each set of plans. The contract documents are nonreturnable and no refund will be made. Make checks in payment for plans and specifications payable to the Nevada Department of Transportation.

The Department will maintain a bidders information list, consisting of information about all firms that bid or quote Department contracts.

102 BIDDING REQUIREMENTS AND CONDITIONS

(a) Subcontractor Information. Comply with the following requirements:

1. All bidders shall submit information on subcontractors which will be paid an amount exceeding 5% of the total bid on the “NDOT Bidder Subcontractor Information” form provided by the Department, no later than the bid opening time.

2. Within 2 hours after bid opening time, the 3 apparent lowest bidders shall submit information on subcontractors which will be paid an amount exceeding $250,000.00, and on subcontractors which will be paid an amount exceeding 1% of the total bid or $50,000, whichever is greater, on the respective “NDOT Bidder Subcontractor Information” forms provided by the Department.

3. The 3 apparent lowest bidders shall submit information on all subcontractors and suppliers that submitted a proposal to the bidder on the “List of Subcontractors and Suppliers Bidding on NDOT Contracts” form provided by the Department, by 5:00 p.m. local time, on the next business day following the bid opening.

4. All bidders, regardless of their apparent bid ranking, shall submit the “NDOT Bidder Disadvantaged Business or Small Business Enterprise (DBE/SBE) Information” form, as required in Subsection 103.08, no later than the bid opening time. Confirmation letters, required by Subsection 103.08, shall be submitted no later than 5:00 p.m. local time on the next business day following the bid opening.

5. A bidder unable to meet the DBE or SBE goal shall submit documentation which outlines their Good Faith Efforts (GFE) toward meeting the contract goal, as outlined in Subsection 102.16. This information shall be submitted no later than 5:00 p.m. local time on the next business day following the bid opening.

6. A subcontractor named by the bidder who is not properly licensed for that portion of the work will be deemed unacceptable. If the subcontractor is deemed unacceptable, provide an acceptable subcontractor before the award of the contract.

7. All bidders shall affirm all work, other than that being performed by the subcontractors listed in the subcontractor reports, will be self-performed.

Failure to submit any of the subcontractor forms described above, with all required information, within the required time, may deem the bid non-responsive.

102.04 Interpretation of Quantities in the Proposal. The quantities given in the proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the Department does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable.

102.05 Examination of Plans, Specifications, Contract Documents, and Site of Work. The Department will prepare plans and specifications giving such directions as will enable any competent contractor to carry them out.

Contractors and subcontractors shall carefully examine the site of the proposed work, the proposal, plans, specifications, supplemental specifications, Special Provisions, and contract forms before submitting a proposal.

The submission of a bid will be considered prima facie evidence that such examination was made and with satisfaction as to the conditions to be encountered in performing the work and as to the requirements of the plans, specifications, supplemental specifications, Special Provisions, and contract documents.

Direct all questions which may arise as to the interpretation of the plans, specifications, and any other contract documents as required in the “Invitation to Bid.” Do not rely upon verbal interpretations given by Department employees in forming bids, but only upon written interpretations provided by an authorized Department employee.

Make requests for clarifications no later than the close of business (4:00 p.m. local time) 10 days prior to the scheduled bid opening. Requests made after this date generally will not be addressed.

When a pay item is shown on the plans and not in the proposal, and such pay item is not specifically excluded from payment either in these specifications or in the contract documents, the pay item shall then be considered an obvious omission in the proposal and payment will be made according to Subsection 104.03.

Whenever the Department has obtained subsurface information concerning possible material sources, said information will be included in Section 106.

If foundation reports and boring logs are available, the findings and conclusions presented in said contract documents have been prepared by generally accepted engineering principles and practices. The information shown on the log of test borings applies only at the location of the borings and at the time of drilling. Subsurface conditions may be expected to differ at other locations or to change at these locations with time.

BIDDING REQUIREMENTS AND CONDITIONS 102

Information derived from inspection of records of subsurface investigations made by the Department will not in any way relieve the Contractor from fulfilling the terms of the contract.

102.06 Preparation of Proposal. Submit the proposal as specified in the Invitation to Bid. Specify a unit price in figures for each pay item for which a quantity is given, and show the products of the respective unit prices and quantities, written in figures in the column provided for that purpose, and the total amount of the proposal obtained by adding the amount of the several items. In the event that more than 2 decimal places are used in representing a unit price, all numbers beyond the second decimal will be truncated and the product for the affected item and the total amount of the bid will be recomputed by the Department accordingly. Show all figures in ink or type.

When an item in the proposal contains a choice to be made, indicate the choice in writing, according to the specifications for that particular item, and thereafter no further choice will be permitted.

The bidder’s proposal must be signed by the individual, by one or more members of the partnership, by one or more members or officers of each firm representing a joint venture, or by one or more officers of a corporation, or by an agent of the Contractor, legally qualified and acceptable to the Department. If the proposal is made by an individual, show his name and post office address; by a partnership, show the name and post office address of each partnership member; as a joint venture, show the name and post office address of each member or officer of the firms represented by the joint venture; by a corporation, show the name of the corporation and the business address of its corporate officials.

102.07 Irregular Proposals. Proposals will be considered irregular and may be rejected for the following reasons:

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

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

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

This does not exclude a bid limiting the maximum gross amount of awards acceptable to any one bidder or at any one bid letting, provided that the selection of any bid awards be made by the Department. See Subsection 102.14.

(d) If the unit prices contained in the proposal are obviously unbalanced, either in excess or below the reasonable cost analysis values.

(e) If the proposal does not contain a unit price for each pay item listed except in the case of authorized alternate pay items.

(f) If the lowest responsive bid exceeds the Engineer’s estimate by more than 7%.

Following the opening of bids, the Department will examine the unit bid prices of all bidders for reasonable conformance with the Engineer’s Estimate. A bid tabulation including calculated percentage variances from the Engineer’s Estimate for each bid item will be forwarded to the Chairman of the Bid Review and Analysis Team (BRAT) for further review.

In determining whether a unit bid price is unbalanced and subject to rejection, the BRAT will consider, but not be limited to, the following criteria:

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

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

(c) On items where the quantities may vary, if the anticipated variation in quantity would result in the lower bidder not remaining as the low bidder, the bid may be rejected.

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

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

Other factors the BRAT will consider in the bid analysis are:

Number of bids.

Distribution or range of bids.

Potential for savings if the contract is readvertised.

Bid prices for the contract under review versus bid prices for similar contracts in the same or recent lettings.

Urgency/effect of delay on the construction of the contract.

Current market conditions/workload.

The significance of the variance of individual unit bid prices from the Engineer’s Estimate and if there is any justification for the difference.

Other factors that may be important to the contract.

After review, the BRAT will prepare a report and make one of the following recommendations:

Award to the apparent low bidder.

Award to the apparent second low bidder.

Reject all bids and may readvertise.

102.08 Proposal Guaranty. No proposal will be considered unless accompanied by a proposal guaranty, in the amount equal to 5% of the bid, made unconditionally payable to the Nevada Department of Transportation. The guaranty may be cash, cashier’s check, certified check, postal money order, bank money order, express money order, bank draft or an undertaking executed by a corporate surety company authorized to do business in the State of Nevada or any other guaranty that may be especially approved by the Department. Such proposal guaranty is to be forfeited to the Department should the bidder to whom the contract is awarded fail to enter into the contract within 20 days after the award.

102.09 Delivery of Proposals. Preferably submit paper or flash drive proposals in a special envelope furnished by the Department. Fill in correctly the blank spaces on the envelope to clearly indicate its contents. When an envelope other than the special one furnished by the Department is used, provide one of the same general size and shape and mark similarly to clearly indicate its contents. When sent by mail, address the sealed proposal to the Department at the address and in care of the official in whose office the bids are to be received. All proposals will be filed before the time and at the place specified in the advertisement and “Invitation to Bid.” Proposals received after the time for opening of bids will be returned unopened.

102.10 Withdrawal or Revision of Proposals. A paper or flash drive proposal may be withdrawn or revised after it has been deposited with the Department, provided the request for such withdrawal or revision is received by the Department, in writing, by fax, or by telegram, before the time set for the opening of bids. The withdrawal of a proposal shall not prejudice the right to file a new proposal provided it is received before the time set for opening of proposals.

Because of the physical limitations of receipt of information by facsimile transmission, there is no guarantee by the Department that the confidentiality of a revision submitted by fax can be maintained, because it is not “sealed” upon receipt. Also, the Department makes no guarantee that a machine will be available to receive such transmission or that telephone lines will be open.

102.11 Public Opening of Proposals. Proposals will be opened and read publicly at the time and place indicated in the advertisement and “Invitation to Bid.” Bidders, their authorized agents, and other interested parties are invited to be present.

102.12 Disqualification of Bidders. Any of the following reasons may be considered as sufficient for the disqualification of a bidder and the rejection of his proposal or proposals:

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

(b) Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the Department until any such participants shall have been reinstated as a qualified bidder.

For Federal-aid projects the U.S. Department of Transportation (DOT) operates a toll-free “hotline,” 1-800-424-9071, Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Standard Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline.” All information will be treated confidentially and caller anonymity will be respected.

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

(d) Uncompleted work which in the judgment of the Department might hinder or prevent the prompt completion of additional work if awarded.

(e) Failure to pay or satisfactorily settle all bills due for labor, equipment, or material on prior or existing contracts.

(f) Failure to hold a valid license of a class corresponding to the work to be done as required by the State Contractor’s License Law. However, it is not required to have a Contractor’s license in order to bid on Federal-aid projects as long as licensed at time of award of the contract.

(g) Failure to comply with any qualification regulations of the Department.

(h) The FHWA has debarred certain companies and individuals from participation in Federally assisted projects for periods ranging from 6 months to 3 years.

You are advised to contact the Department’s Contract Compliance Office, at (775) 888-7497, for the names of the debarred companies and/or individuals before accepting and relying on any quote from any company or individual. The debarred companies or individuals will not be allowed to participate in Federally assisted projects during the period of their debarment.

While this prohibition operates to preclude them from employment as prime contractors, subcontractors, consultants or employees on Federal-Aid projects, the named corporations and individuals may still serve as materials suppliers for prime or subcontractors.

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

102.14 Combination or Conditional Bids. On certain projects bids may be submitted on more work than is desired to be awarded. Indicate the total amount desired to be accepted and the Department will determine which of the low bids on these projects, up to the final total indicated, will be accepted. This limitation will only apply to those projects on which the following statement has been included in the proposal and is properly filled in.

“We desire to disqualify all of our bids at which in combination exceed the total of $ ........................... or ................... contracts and hereby authorize the Department to determine which bids shall be disqualified. Bids have been submitted on the following contract(s) .................as of this date that have not yet been awarded and are to be considered in determining if the above total amount is exceeded.”

“A proposal guaranty, conforming to Subsection 102.08, in the amount of $ ....................... accompanies the proposal for contract number(s) .......................... or has been filed with the Department in advance.”

102.15 Motor Fuel Tax Refund. It is understood and agreed that the price bid for the work to be done under the contract shall include the applicable tax on motor vehicle fuel and special fuel as required by NRS Chapters 365 and 366.

Determine if subcontractors have reported fuel consumption to the Nevada Department of Motor Vehicles and Public Safety, as required by law.

102.16 DBE and SBE Certification and Bidding Requirements. This contract is subject to Title 49, Code of

Federal Regulations, Part 26. Portions of those regulations are set forth in these Standard Specifications, and those regulations in their entirety are incorporated herein by this reference.

It is the policy of the Department that Disadvantaged Business Enterprises and Small Business Enterprises as defined in 49 CFR Part 26 and the Department’s Disadvantaged Business Enterprise Program shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. All the DBE and SBE requirements of 49 CFR Part 26 apply to this agreement.

The Contractor agrees to ensure that DBEs/SBEs have an equal opportunity to participate in the performance of contracts and subcontracts financed in whole or part with Federal funds provided under this agreement. In this regard the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs/SBEs have an equal opportunity to compete for and perform contracts.

The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. Department of Transportation assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such other remedy as the Department deems appropriate.

DBEs/SBEs must be certified by the Nevada Unified Certification Program (NUCP) in accordance with 49 CFR

Part 26. The department is an agency member of the NUCP. A list of certified DBEs/SBEs may be obtained from the Department’s website at www.nevadadbe.com.

Certification as a DBE/SBE or a DBE/SBE joint venture shall be predicated on meeting the requirements of 49 CFR Part 26 and the following:

1. The completion and submission of a Disadvantaged Business Enterprise (DBE)/Small Business Enterprise (SBE) Certification Application and all required documents.

2. The submission of any additional documentation requested by the processing Agency.

3. The submission of any additional information which the Department may require to determine the firm’s eligibility to participate in the DBE/SBE program.

Applications for certification by the NUCP are available at the Department’s Contract Compliance Office, 1263

S. Stewart Street, Carson City, Nevada 89712 and on the Department’s website at www.nevadadbe.com.

Applicants submitting a certification application shall agree to permit the Department to audit and examine the books, records, and files of their business.

Applications for certification may be filed with the Department at anytime, however, the firm must be certified at least 5 days prior to bid opening for the project on which the firm seeks to participate to count towards any goals.

The Department will process applications in an expeditious manner. The Department will submit applications to the NUCP within 90 days of receiving a completed application and all relevant reference documents.

Bidders shall be responsible for being fully informed about the requirements of the Federal DBE Regulations;

particular attention is directed to the following matters:

(a) A DBE/SBE may participate as a prime Contractor, subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies.

(b) A DBE/SBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control.

(c) A DBE/SBE must perform a commercially useful function.

(d) Credit for a DBE/SBE vendor of materials or supplies is limited to 60% of the price unless the vendor manufactures or substantially alters the goods.

When a DBE/SBE participates in a contract, expenditures toward DBE/SBE goals will only count if the

DBE/SBE is performing a commercially useful function on the contract. A DBE/SBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE/SBE shall also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.