Atch 44-APPENDIX 42 Uniform Standard Specifications for Clark County.pdf

F O R E W O R D

Publication of these Uniform Standard Specifications for Public Works Construction Off-Site Improvements, Clark County Area, Nevada, is the third edition of this important document and will supersede the 1986 edition.

This edition modified to fit local conditions and problems follows the format of the State of Nevada Department of Transportation Specifications for Road and Bridge Construction. It is felt this similarity of general makeup will be an aid to all those using both specifications.

Special provisions and drawings will be provided, when necessary, to supplement or modify these standard specifications.

The Uniform Standard Specifications for Public Works Construction may be revised by issuance of a revision or supplement to correct errors and omissions found in these specifications and to reflect advanced thinking and the changing technology of the construction industry. Each revision or supplement will supersede any previous supplement by inclusion of all pertinent portions. Upon approval by the RTC, revisions will become effective and be posted on the RTC web-site, www.rtcsnv.com, by the first day of the month of January and July.

To implement this end, a Specifications Subcommittee has been established as a permanent organization to continually study and recommend changes to the Uniform Standard Specifications. Interested parties may address suggested changed and questions to the Uniform Standard Specifications Subcommittee c/o Regional Transportation Commission of Southern Nevada, 600 Grand Central Parkway, Suite 350, Las Vegas, Nevada 89106-4512.

The following participating entities of the Clark County, Nevada area have adopted these specifications, as revised, by Resolution or Council or Board Action of the governing bodies as follows:

CLARK COUNTY

Adopted by Resolution .......................................................................................... July 20, 1993

CITY OF LAS VEGAS

Adopted by Resolution No. R32-93 ..................................................................... June 16, 1993

CITY OF NORTH LAS VEGAS

Adopted by Resolution No. 1685 ......................................................................... June 16, 1993

CITY OF HENDERSON

Adopted by Ordinance No. 549 ........................................................................ August 20, 1984 Revisions Adopted By Council Action (3rd Edition) ........................................... June 15, 1993

CITY OF BOULDER CITY

Adopted by Resolution No. 2379 ...................................................................... March 22, 1994

CITY OF MESQUITE

Adopted by Resolution No. 26 .......................................................................... January 8, 1987 Revisions Adopted By Council Action (3rd Edition) ........................................... June 10, 1993

REGIONAL TRANSPORTATION COMMISSION

Adopted by Resolution No. 7 ............................................................................... June 14, 1984 Revisions Adopted By Commission Action ......................................................... Various Dates

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ACRONYMS

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:

AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of State Highway & Transportation Officials ACI American Concrete Institute AGC Associated General Contractors of American AIA American Institute of Architects AISC American Institute of Steel Construction ARA American Railway Association AREA American Railway Engineering Association ASA American Standards Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWG American Wire Gage AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association EIA Electronic Industries Association IEEE Institute of Electrical and Electronics Engineers IQAC Interagency Quality Assurance Committee MUTCD Manual on Uniform Traffic Control Devices for Streets & Highways Published by the Federal Highway Administration NEC National Electrical Code NEMA Nation Electrical Manufactures Association NOSHA Nevada Occupational Safety and Hazard Act QA Quality Assurance QC Quality Control SAE Society of Automotive Engineers UL Underwriters Laboratories Incorporated USASI United States of America Standards Institute

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SECTION 101

DEFINITIONS AND TERMS

101.01 BLANK

101.02 ADDENDUM

A. A supplemental addition or deletion to the contract documents prior to the advertised bid opening.

101.03 ADVERTISEMENT

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

101.04 ASSESSMENT ACT CONTRACT

A. A contract financed by special assessments authorized under, or implemented by, an act of the Legislature of the State or procedural ordinance of a City or the County.

101.05 AWARD

A. The acceptance by the Contracting Agency of a bid. Refer to Subsection 103.02, “Award of Contract.”

101.06 BASE COURSE

A. The layer or layers of specified or selected material of designated thickness on a sub-base or a subgrade to support a surface course.

101.07 BIDDER

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

101.08 BOARD

A. The officer or body constituting the awarding authority for the Contracting Agency.

101.09 BRIDGE

A. A structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of roadway of more than 20 feet between under copings of abutments or extreme ends of openings for multiple boxes.

B. Length: The length of a bridge structure is the overall length measured along the line of survey stationing back to back of back walls of abutments, if present, otherwise end to end of the bridge floor; but in no case less than the total clear opening of the structure.

C. Roadway Width: The clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs or guard timbers or in the case of multiple height of curbs, between the bottoms of the lower risers and in the case of no curbs or guard timbers, between the inner faces of parapet or railing at the bottom.

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101 DEFINITIONS AND TERMS

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101.10 CALENDAR DAY

A. Every day shown on the calendar.

101.11 CONTRACT CHANGE ORDER OR FIELD CHANGE ORDER

A. A written order issued by the Engineer or Contracting Agency as provided in the contract documents, to the Contractor, covering changes in the plans, specifications or quantities or both, within the scope of the contract and establishing the basis of payment and time adjustments for the work affected by the change.

101.12 CHANNEL

A. A natural or artificial water course.

101.13 CONTRACT

A. The written agreement between the Contracting Agency 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.

B. The contract includes the invitation for bids, proposal, contract form and contract bond, standard specifications, supplemental specifications, special provisions, general and detailed plans, notice to proceed, and any addenda, 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.

101.14 CONTRACTING AGENCY

A. The party of the first part to a contract which may be any of the following entities: Boulder

City, Nevada; City of Henderson, Nevada; City of Las Vegas, Nevada; City of North Las Vegas, Nevada; City of Mesquite, Nevada; Las Vegas Valley Water District, Las Vegas, Nevada; Clark County Water Reclamation District, Las Vegas, Nevada; Southern Nevada Water Authority, Las Vegas, Nevada; Clark County Regional Flood Control District, Las Vegas, Nevada; Regional Transportation Commission of Southern Nevada, Las Vegas, Nevada; and Clark County, Nevada.

101.15 CONTRACT ITEM (PAY ITEM)

A. 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 of the contract. Contract items are numbered so that the first three digits of the item number corresponds to the section of the same number. Thus, in Item No. 203.01, which is the item number for roadway excavation, the number 203 is the section number and corresponds to Section 203, “Excavation and Embankment” of the Standard Specifications, Supplemental Specifications and Special Provisions.

B. Each contract item shall be constructed under the specifications contained in the section of the same number, i.e., the number preceding the aforementioned last two digits.

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DEFINITIONS AND TERMS 101

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101.16 CONTRACTOR

A. The person, firm, partnership, corporation, permittee, subdivider, or other entity who has entered into a contract or agreement with the Contracting Agency. Where work is done under permit issued by the Contracting Agency, the permittee shall be construed to be the Contractor. Also, a subdivider who does land development and other work under contract with the Contracting Agency.

101.17 CONTRACT TIME

A. The number of days allowed for completion of the contract, including authorized time extensions.

101.18 CULVERT

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

101.19 DETOUR

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

101.20 DEWATERING

A. Removal and/or lowering of any surface or subsurface water by a method chosen by the

Contractor and acceptable to the Engineer, which results in a ground moisture content that enables construction to be carried out under relatively dry and stable conditions.

101.21 DIVIDED HIGHWAY

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

101.22 DRAWINGS

A. That part of the Contract Documents prepared or approved by the Contracting Agency which graphically shows the scope, intent, and character of the Work to be performed by the Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

101.23 EMPLOYEE

A. 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, or received compensation from the Contractor or the Contractor's subcontractor.

101.24 ENGINEER

A. The Chief Engineer of the Contracting Agency or other person designated by the Board acting directly and through the Chief Engineer's duly authorized representative.

101.25 EQUIPMENT

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

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101.26 EXTRA WORK

A. An item of work not provided for in the contract as awarded, but found essential by the

Contracting Agency to the satisfactory completion of the contract within its intended scope.

101.27 FRONTAGE ROAD OR FRONTAGE STREET

A. 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.

101.28 GUARANTEE BOND

A. The approved form of security executed by the Contractor and the Contractor's surety or sureties guaranteeing the work against defect and failures.

101.29 HIGHWAY

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

101.30 HOLIDAYS

A. Any day established by law or agreed as a holiday for employees of the Contracting

Agency.

101.31 HYDRAULIC CEMENT

A. An inorganic material or a mixture of inorganic materials that sets and hardens by chemical reaction with water by formation of hydrates, and is capable of doing so under water.

101.32 INSPECTOR

A. The Engineer's or Contracting Agency's authorized representative assigned to make detailed inspections of contract performance.

101.33 INTERAGENCY QUALITY ASSURANCE COMMITTEE (IQAC)

A. An ad hoc multi-jurisdictional and agency committee established for the purpose of simplifying the material approval process and promoting the consistent enforcement of the Uniform Standard Specifications and Drawings, Clark County Area, Nevada.

101.34 LABORATORY

A. The testing laboratory of the Contracting Agency or of any other testing laboratory which may be designated by the Engineer.

101.35 MAJOR CONTRACT ITEM

A. A "Major Item" shall be defined to be any individual bid item included in the proposal that has a total cost equal to or greater than $50,000 or 10 percent of the total contract cost, whichever is the lesser amount. The total contract cost shall be computed on the basis of the bid or proposal quantities and contract unit prices.

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101.36 MATERIALS

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

101.37 MEDIAN

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

101.38 NOMINAL DIAMETER

A. The inside diameter of a standard pipe as specified by the manufacturer.

101.39 NOTICE TO BIDDERS

A. The official notice inviting bids for the proposed work or materials.

101.40 NOTICE TO PROCEED

A. A written notice to the Contractor to proceed with the contract work including, when applicable, the date of beginning of contract time.

101.41 PAVEMENT STRUCTURE

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

101.42 LABOR AND MATERIAL PAYMENT BOND

A. The approved form of security executed by the Contractor and the Contractor's surety or sureties to guarantee the payment of persons furnishing materials or persons performing labor under the contract.

101.43 PERFORMANCE BOND

A. The approved form of security executed by the Contractor and the Contractor's surety or sureties to guarantee the faithful performance of all work under said contract within the prescribed time limit and that materials and workmanship will be free from original or developed defects.

101.44 PLANS

A. The approved project plans and Standard Drawings, profiles, typical cross sections, 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.

B. In the above definition, the following terms are defined as follows:

1. Standard Drawings - The Standard Drawings of the Contracting Agency.

2. Project Drawings - The Project Drawings are specific details and dimensions peculiar to the work and are supplemented by the Standard Drawings insofar as the same may apply.

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101.45 PROFILE GRADE

A. 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.

101.46 PROJECT

A. The specific improvement to be constructed together with all appurtenances and construction to be performed thereon at the prices quoted.

101.47 PROPOSAL

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

101.48 PROPOSAL FORM

A. The approved form on which the Contracting Agency requires bids to be prepared and submitted for the work.

101.49 PROPOSAL GUARANTEE

A. The security furnished with a bid to guarantee that the bidder will enter into the contract if bidder's bid is accepted.

101.50 QUALITY ASSURANCE (QA)

A. Planned and systematic operations conducted to ensure that the operations and/or product meets specifications. QA encompasses the Engineer’s review and oversight of the Contractor’s “Quality Control”; verifying the results of “Quality Control”; and inspecting for conformance to plans and specifications. QA is the responsibility of the “Engineer.”

101.51 QUALITY CONTROL (QC)

A. Planned and specified operations necessary to construct items that will meet the requirements for quality and performance as specified. QC includes, but should not be limited to controlling the quality of raw materials, produced materials assemblies, components, finished product, and construction process. QC is the responsibility of the “Contractor.”

101.52 RIGHT-OF-WAY OR EASEMENT

A. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway or other improvements.

101.53 ROAD

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

101.54 ROADBED

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

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101.55 ROADSIDE

A. 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.

101.56 ROADSIDE DEVELOPMENT

A. Those items necessary to the complete improvement which provides 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 improvement.

101.57 ROADWAY

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

101.58 SERVICE CONNECTION

A. All or any portion of a utility, including sewer laterals, conduit, wire, cable or duct, including meters, between a utility distribution or collection line and an individual customer or customers.

101.59 SHOULDER

A. 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.

101.60 SIDEWALK

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

101.61 SPECIAL PROVISIONS

A. Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project.

101.62 SPECIFICATIONS

A. The directions, provisions, and requirements contained in the Standard Specifications and supplemental 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.

101.63 STREET

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

101.64 SUBCONTRACTOR

A. Any individual, firm, or corporation to whom the Contractor, with the consent of the

Contracting Agency, sublets any part of the contract.

101.65 SUBGRADE

A. The top of a roadbed upon which the base courses and/or the pavement structure and shoulders are constructed.

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101.66 SUBSTRUCTURE

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

101.67 SUPERINTENDENT

A. 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.

101.68 SUPERSTRUCTURE

A. The entire structure except the substructure.

101.69 SUPPLEMENTAL AGREEMENT

A. A written agreement within the scope of the project made and entered into by and between the Contractor and the Contracting Agency 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.

101.70 SUPPLEMENTAL SPECIFICATIONS

A. Additions and revisions to the Standard Specifications that are approved subsequent to the issuance of the published specifications.

101.71 SURETY

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

101.72 SURFACE COURSE

A. The top layer of an improvement.

101.73 TRAFFIC LANE

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

101.74 TRAVELED WAY

A. That portion of roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

101.75 UNSUITABLE MATERIAL

A. Soils that fail to meet the AASHTO Soil Classification System (AASHTO M145) A-1 through A-7 classifications; are highly organic; or are determined to be contaminated.

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101.76 UTILITY

A. Tracks, overhead or underground wires, pipelines, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right-of-way or private easement.

101.77 WORK

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

101.78 WORKING DAY

A. A 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, 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.

B. Attention is directed to Subsections 108.04, "Limitation of Operations," and 108.08, "Determination and Extension of Contract Time."

101.79 WORKING DRAWINGS

A. Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data which the Contractor is required to submit to the Engineer for approval.

Working Drawings are not part of the Contract Documents.

B. In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that 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, approval, 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 Contracting Agency."

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SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

102.01 NOTICE TO CONTRACTORS

A. After the date is fixed for the bid opening for the work, the Contracting Agency will give notice to Contractors. The Notice to Contractors will contain a description of proposed work, together with information to the bidder regarding access to the proposal forms, plans, and specifications, the amount and nature of proposal guarantee, and the reservation of the right of the Contracting Agency to reject any or all bids. A time, date, and place for a Pre-Bid Conference may be included in the Notice to Contractors.

102.02 PREQUALIFICATION OF BIDDERS

A. All prospective bidders for public works projects in Clark County are urged to prequalify with each local government at least on an annual basis. Applications for prequalification must be completed and submitted on forms and following instructions furnished by the respective local government. This will facilitate the awarding of contracts by giving local governments some basis to consider the financial responsibility, experience, adequacy of equipment and ability of each bidder to complete performance of public works contracts as required by Chapter 332 of the Nevada Revised Statutes (Local Government Purchasing Act). The director of public works or managing engineer of each local government considering such applications shall verify and evaluate the information contained therein and advise each applicant as to any prequalification or disqualification. Each prequalification shall indicate the type of work eligible to be bid and the maximum contract amount. Any applicant who is dissatisfied with such decision will have seven days from the receipt of such decision to submit a written request for a hearing thereon before the governing body of the respective local governmental entity and such entity must hold such hearing at their regularly scheduled meeting after the receipt of such written request.

B. This section shall not preclude any other licensed contractor from bidding on public works contracts in Clark County, however, the same forms and instructions for prequalification must, if required by the Contracting Agency, be completed and submitted with all such bids or such bids may be rejected at the sole discretion of the governing body of the respective local governmental entity. The governing body of the respective local governmental entity shall also have the discretion to determine whether sufficient time may be taken to verify and evaluate the bidder's qualifications before the contract must be awarded and if the bidder's qualifications can not be determined within such time to reject the respective bid.

C. Nothing contained in this section shall be construed as depriving any local government of its discretion in the matter of determining the lowest responsive and responsible bidder as set forth in NRS 332.065.

102.03 CONTENTS OF PROPOSAL FORMS

A. Upon request, the Contracting Agency shall 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 or lump sum bid prices are invited.

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B. The proposal form will state the time in which the work must be completed, the amount of the proposal guarantee, 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.

C. All papers bound with or attached to the proposal form are considered a part thereof and must not be altered when the proposal is submitted.

D. 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.

E. The prospective bidder or interested non-bidder will be required to pay the Contracting Agency the sum stated in the advertisement and Notice to Contractors for each copy of proposal form and each set of plans.

F. Checks in payment for plans and specifications will be made payable to the Contracting Agency.

G. The Contracting Agency may invite the plan holders to a Pre-Bid Conference.

102.04 INTERPRETATION OF QUANTITIES IN THE PROPOSAL

A. The quantities given in the Notice to Contractors and in the proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the Contracting Agency does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer or Contracting Agency to be required for the proper completion or construction of the whole work contemplated.

B. Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the Contracting Agency.

102.05 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT DOCUMENTS, AND SITE

OF WORK

A. The Contracting Agency will prepare plans and specifications giving such directions as will enable a competent mechanic or Contractor to carry them out. The bidder is expected to examine carefully 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 shall be considered prima facie evidence that the bidder has made such examination and is satisfied 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.

B. 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 the provisions of Subsection 104.03, "Extra Work."

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BIDDING REQUIREMENTS AND CONDITIONS 102

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C. If the Contracting Agency acquires subsurface information for study and design, it may be obtained from the Contracting Agency upon written request as "Materials Information."

While such data will have been collected with reasonable care, there is no expressed or implied guarantee that conditions so indicated are exact or entirely representative of those actually existing and the Contracting Agency will in no way be responsible for the accuracy therein contained. Information obtained as "Materials Information" is not a part of the contract.

D. Information derived from such inspection of records of investigations made by the Contracting Agency will not in any way relieve the Contractor from fulfilling the terms of the contract.

E. When a log of test borings, showing a record of the data obtained by the Contracting Agency's investigation of subsurface conditions, is included with the contract plans, said record is the Contracting Agency's opinion of such borings and there is no expressed or implied guarantee that conditions so indicated are exact or entirely representative of those actually existing.

F. If a mass diagram has been prepared for a project, it will be available to the bidders upon the following conditions: The swell or shrinkage of excavated material and the direction and quantities of haul or overhaul as shown on said mass diagram are for design purposes only, and the Contracting Agency assumes no responsibility whatever in the interpretation or exactness of any of the information shown on the mass diagram, and does not, either expressed or implied, make any guarantee of the same.

102.06 PREPARATION OF PROPOSAL

A. The bidder shall submit the proposal upon the forms furnished by the Contracting Agency.

The bidder shall specify a unit price in figures and words for each pay item for which a quantity is given, and shall also 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. All the words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern and the bid total shall be computed from the prices given in words.

B. When an item in the proposal contains a choice to be made by the bidder, the bidder shall indicate the choice in writing, in accordance with the specifications for that particular item, and thereafter no further choice will be permitted.

C. The bidder's proposal must be signed with ink 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 Contracting Agency. If the proposal is made by an individual, the individual's name and post office address must be shown; by a partnership, the name and post office address of each partnership member must be shown; as a joint venture, the name and post office address of each member or officer of the firms represented by a joint venture must be shown; by a corporation, the name of the corporation and the business address of its corporate officials must be shown.

102.07 IRREGULAR PROPOSALS

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

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1. If the proposal is on a form other than that furnished by the Contracting Agency, or if the form is altered or any part thereof is detached.

2. 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.

3. 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.

4. If the individual bid items or a prospective bidder's proposal are unbalanced in the sense that the listed price of any bid item departs by more than 20 percent from the Engineer's cost estimate for that item.

5. If the proposal does not contain a unit price for each pay item listed.

102.08 PROPOSAL GUARANTEE

A. No proposal will be considered unless accompanied by a proposal guarantee, in the amount equal to 5 percent of the Contractor's bid, made unconditionally payable to the Contracting Agency, which guarantee, at the bidder's option, may be cash, cashier's check, certified check, postal money order, bank money order, express money order, bank draft, or 5 percent bid bond. No other guarantee will be acceptable. Such proposal guarantee is to be forfeited to the Contracting Agency should the bidder to whom the contract is awarded fail to enter into the contract within 15 days after notice of award.

102.09 DELIVERY OF PROPOSALS

A. Each proposal shall be submitted in an envelope. The envelope shall clearly indicate the contents and the name and address of the Contractor submitting the proposal. When sent by mail, the sealed proposal shall be addressed to the Contracting Agency at the address and in care of the official in whose office the bids are to be received. All proposals shall be filed prior to the time and at the place specified in the advertisement and Notice to Contractors. Proposals received after the time for opening of bids will be returned to the bidder unopened.

102.10 WITHDRAWAL OR REVISION OF PROPOSALS

A. A bidder may withdraw or revise a proposal after it has been deposited with the

Contracting Agency, provided the request for such withdrawal or revision is received by the Contracting Agency, in writing or by telegram, before the time set for the opening of proposals. The withdrawal of a proposal shall not prejudice the right of the bidder to file a new proposal provided it is received prior to the time set for opening of proposals.

102.11 PUBLIC OPENING OF PROPOSALS

A. Proposals will be opened and read publicly at the time and place indicated in the advertisement and Notice to Contractors. Bidders, their authorized agents, and other interested parties are invited to be present.

102.12 DISQUALIFICATION OF BIDDERS

A. Any of the following reasons may be considered as sufficient for the disqualification of a bidder and the rejection of bidder's proposal or proposals:

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

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

3. Unsatisfactory performance record as shown by past work for the Contracting Agency judged from the standpoint of workmanship and progress.

4. Uncompleted work which in the judgment of the Contracting Agency might hinder or prevent the prompt completion of additional work if awarded.

5. Failure to pay or satisfactorily settle all bills due for labor or material on former contracts in force at the time of letting.

6. 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.

7. Failure to comply with any qualification regulations of the Contracting Agency.

8. Any or all bids received in response to a request for bids may be rejected by the governing body or its authorized representative if such governing body or its authorized representative determines that any such bidder is not responsive or responsible or that the quality of the services, supplies, materials, equipment, or labor offered does not conform to requirements or if the public interest would be served by such a rejection.

9. Failure to list all subcontractors who will be employed by the bidder.

10. Omission of bid bond.

102.13 MATERIAL GUARANTEE

A. 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.

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SECTION 103

AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS

A. Proposals will be opened and read publicly at the time and place indicated in the

Advertisement for Bids. Bidders, their authorized agents and other interested parties are invited to be present.

B. The total sum read shall be subject to the provisions of determination of the lowest proposal requirements.

C. No responsibility will attach to the Owner or any official or employee thereof for the pre-opening of, post-opening of, or the failure to open, a proposal not properly addressed and identified.

D. The lowest proposal shall be the lowest total sum for which the entire work will be performed, including all items as specified on the proposal form. The lowest proposal shall be determined on the basis of the exact lowest total sum for which the entire work will be performed, arrived at by a correct computation by the Contracting Agency of all items specified in the proposal based on the unit prices contained therein. In the event of a discrepancy between written prices and numerical unit prices, the written unit prices shall govern. The Contracting Agency reserves the right to reject any proposal that omits prices for any unit price bid item on the proposal form.

E. The right is reserved to reject any or all proposals, to waive technicalities, or to advertise for new proposals, if in the judgment of the awarding authority, the best interest of the Contracting Agency will be promoted thereby.

103.02 AWARD OF CONTRACT

A. The award of the contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 45 calendar days after the opening of the proposals or as otherwise provided for.

The successful bidder will be notified by letter, mailed to the address shown on the bidder's proposal, that the bidder's proposal has been accepted and that the bidder has been awarded the contract.

B. Bidders submitting a proposal to a public body for a public work shall bear the responsibility to ascertain the relevancy of the “preference for certain contractors and other matters relating thereto” as provided by Nevada Revised Statute 338.147, as amended by Chapter 713 of the 1991 Nevada Legislative Session, as it relates to a Nevada Public Body awarding a contract for a public work.

C. The date of the award of the contract shall be the date of the “Notice to Award.”

D. Five sets of the contract plans and drawings will be provided to the successful bidder without charge.

103.03 CANCELLATION OF AWARD

A. The Contracting Agency reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without any liability against the Contracting Agency.

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103.04 RETURN OF PROPOSAL GUARANTEE

A. All proposal guarantees, shall be retained until the award of the contract. The retained proposal guarantee of the unsuccessful bidders will be returned within 10 days following the award of the contract and that of the successful bidder will be returned after the required bonds have been furnished and the contract has been executed.

103.05 REQUIREMENTS OF CONTRACT BONDS

A. Prior to the execution of the contract by the Contracting Agency, the Contractor shall file with the Contracting Agency surety bonds in the amounts and for the purposes noted below, duly executed by a responsible corporate surety authorized to issue such bonds in the state of Nevada and secured through an authorized agent satisfactory to the Contracting Agency. The Contractor shall pay all premiums and costs thereof and incidental thereto.

B. Each bond must be signed by both the Contractor and surety and the Contractor shall give surety bonds with good and sufficient sureties; in the sum of not less than 100 percent of the contract price or as specified in the Special Provisions: First to ensure the claims of material men supplying materials to the Contractor, and of mechanics and laborers employed by the Contractor on the work required under these specifications;

second to ensure the faithful performance of the contract; and third to guarantee the work.

1. The “Labor and Material Bond” shall be so conditioned as to ensure the benefit of persons furnishing materials to the Contractor and/or performing labor under the contract. This bond shall be maintained by the Contractor in full force and effect until the work is completed and accepted by the Contracting Agency and until all claims for materials and labor are paid.

2. The “Performance Bond” shall be so conditioned as to ensure the faithful performance by the Contractor of all work under said contract within the time limit prescribed in a manner that is satisfactory and acceptable to the Contracting Agency; and that all materials and workmanship supplied by the Contractor will be free from original or developed defects.

3. The “Guarantee Bond” shall be so conditioned that should original or developed defects or failures appear within a period of one year from the date of acceptance of the work by the Contracting Agency, the Contractor shall, at no additional cost to Contracting Agency, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the Contracting Agency to do so, and to the approval of the Engineer.

This bond shall be maintained by the Contractor in full force and effect for a period as specified after the date of acceptance of the work by the Contracting Agency.

This guarantee bond shall not limit the Contracting Agency's rights with respect to latent defects, gross mistakes, or fraud.

C. Should any surety become insufficient, the Contractor shall renew the bond or bonds within 10 days after receiving notice from the Contracting Agency that the surety is insufficient.

D. Should any surety be deemed unsatisfactory at any time by the Contracting Agency, notice will be given the Contractor to that effect, and the Contractor shall forthwith substitute a new surety satisfactory to the Contracting Agency. No further payment shall be deemed due or will be made under the contract until the new surety shall qualify and be accepted by the Contracting Agency.

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103.06 EXECUTION AND APPROVAL OF CONTRACT

A. The contract shall be signed by the successful bidder and returned, together with the contract bonds, within 15 calendar days after the contract has been mailed to the bidder.

If the contract is not executed by the Contracting Agency within 45 calendar days or as otherwise provided for following receipt from the bidder of the signed contract and bond, the bidder shall have the right to withdraw the bid without penalty. No contract shall be considered as effective until it has been fully executed by all parties thereto.

103.07 FAILURE TO EXECUTE CONTRACT

A. Failure to properly sign the contract and file acceptable bonds shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee which shall become the property of the Contracting Agency, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next lowest responsible bidder as provided in Subsection 103.02, “Award of Contract,” or the work may be readvertised and constructed under contract or otherwise, as the Contracting Agency may decide.

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SECTION 104

SCOPE OF THE WORK

104.01 INTENT OF THE CONTRACT

A. The intent of the contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, material, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

104.02 INCREASED OR DECREASED QUANTITIES AND CHANGE IN CHARACTER OF

WORK

A. The Contracting Agency reserves the right to make by written order and without notice to surety, such alterations in the plans and specifications or character or quantity of the work which may be considered necessary or desirable from time to time during the progress of the work to complete satisfactorily the proposed construction. Such alterations shall not be considered as a waiver of any conditions of the contract or invalidate any of the provisions thereof.

B. Whenever an alteration in character of work on the project involves a substantial change in the nature of the design or in the type or extent of construction which materially increases or decreases the cost of the performance, the work shall be performed in accordance with the plans and specifications and as directed, provided however, that before such work is started, a supplemental agreement acceptable to both parties to the contract shall be executed.

C. The right is reserved to increase or decrease any or all of the items in the estimate of approximate quantities as shown in the proposal. The length of the project may be increased or decreased by adding or omitting sections or by relocation. Under no circumstances shall alterations of plans or of the nature of the work, involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the project.

D. If it is found that the quantity of any major item required to complete the work underruns or overruns less than 25 percent of the proposed quantity, payment for the work performed will be made at the contract unit price for the quantity of work actually performed.

E. Whenever the termini of the project are changed or whenever any change or combination of changes results in increasing or decreasing the original contract amount as calculated from the bid quantities and contract unit prices by more than 25 percent, a supplemental agreement acceptable to both parties to the contract shall be executed in advance of performing the affected work.

F. Whenever an overrun or underrun of more than 25 percent of the original bid quantity for one or more major contract items occurs, either party to the contract may demand a supplemental agreement to be negotiated satisfactory to both parties.

G. Revision of any unit price requested by the Contractor shall be negotiated on the basis of actual cost plus a reasonable allowance for profit and overhead. Written request for supplemental agreement shall set forth in detail the particulars and character by which the work was changed and by what amount the unit price of the proposal item will be altered.

Failure of the Contractor to file a request for a supplemental agreement within 10 calendar days after any of the above outlined conditions are encountered shall be considered as a

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104 SCOPE…