1 DIVISION I GENERAL REQUIREMENTS ________
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 . . . ,” “E quip 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 Contracto r. 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, reject ed, 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 G auge 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 2 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 term s 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 subb ase 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, corpora tion, 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 mo re 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 ang les 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 contrac t 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 supp lemental 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 3 Contract Bond. The approved form of security, ex ecuted 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 c ontract 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 th e 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 Departm ent 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 partic ipate 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 com pletion 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. 101 TERMS AND DEFINITIONS 4 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 Decemb er 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 amou nt. 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 mate rially 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 co ntains 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 tra vel 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 a nd 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 5 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 S pecifications 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. 101 TERMS AND DEFINITIONS 6 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 charg e 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 struct ure 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 agreeme nts 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 skid ding, 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 th e 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 obligati ons 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. 7 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 Depart ment 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 wi ll 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 licen sure 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 adver tisement 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 Transportati on. The Department will maintain a bidders information list, consisting of information about all firms that bid or quote Department contracts.
Source: Nevada Standard Specifications for Road and Bridge Construction, 2014 Edition. Pages 7–12 of 610.