19 SECTION 105
105.01 Authority of the Engineer. The Engineer will decide all questions which may arise as to the quality and
acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. The Engineer will have the authority to suspend the work wholly or in part due to: the failure to correct conditions unsafe for the workmen or the general public; the failure to carry out the provisions of the contract; for failure to carry out orders; unsuitable weather; unsuitable conditions for the prosecution of the work; or any other condition or reason deemed to be in the public interest. The Engineer has executive authority to enforce orders and his decision will be final. In the event of failing to execute work ordered within a reasonable period of time, the Engineer may, after giving notice in writing, proceed to have such work performed as deemed necessary and the cost thereof will be deducted from compensation due or which may become due. Decisions of the Engineer shall be final and conclusive. Make any appeal in writing and within 10 days of the Engineer’s decision, but in the meantime dil igently proceed with the work.
105.02 Plans and Working Drawings. Plans will show location and general details of structures, lines, grades,
typical cross sections of the roadway, and a summary of items appearing on the proposal. Keep one set of plans available on the work at all times. Supplement plans with working drawings (shop drawings) as necessary to adequately control the work. Furnish working drawings for structures including, but not limited to; demolition and removal plans, shoring and cofferdam plans, falsework plans, shop fabrication details, erection procedures, prestressing details, and other required information specified herein. Unless otherwise specified, submit 6 sets of working drawings for review and approval a minimum of 30 days before start of related work. Submit the working drawings a minimum of 90 days before start of related work which is within Railroad right of way. Additional contract time will not be given for working drawings requiring changes and re-submittal. Approval of working drawings shall not operate to relieve the responsibility under the contract for the successful completion of the work. It is mutually agreed that the Contractor shall be responsible for agreement of dimensions and details as well as for conformity of his working drawings with the approved plans and specifications. For English unit contracts, furnish working drawings in English units or both English and metric units. For metric unit contracts, furnish working drawings in metric units or both metric and English units. For working drawings which require Railroad approval, furnish the working drawings in English units only. The contract price will include the cost of furnishing all working drawings.
105.03 Conformity with Plans and Specifications. Perform work and furnish materials in reasonably close
conformity with the lines, grades, cross sections, dimensions, and materials requirements, including tolerances, shown on the plans or indicated in the specifications. If the materials or the finished product in which the materials are used are found not within reasonably close conformity with the plans and specifications but that reasonably acceptable work has been produced, then a determination will be made if the work will be accepted and may remain in place. In this event, the basis of acceptance will be documented by contract modification which will provide for an appropriate adjustment in the contract price for such work or materials as deemed necessary to conform to the determination based on engineering judgment. If the materials or the finished product in which the materials are used or the work performed are found not in reasonably close conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, remove and replace or otherwise correct the work or materials.
105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions.
The specifications, supplemental specifications, plans, Special Provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated 105 CONTROL OF WORK 20 dimensions wi ll govern over scale dimensions; plans will govern over specifications; supplemental specifications will govern over specifications; Special Provisions will govern over both specifications and plans. Take no advantage of any apparent error or omission in the plans or specifications. In the event of the discovery of such an error or omission, immediately give notification. Such corrections and interpretations will then be made as may be deemed necessary for fulfilling the intent of the plans and specificati ons.
105.05 Partnering. For the benefit of both the Contractor and the Department, the formation of a "Partnering"
relationship will be established in order to effectively complete the contract. The purpose of this relationship is to maintain cooperative communication and mutually resolve conflicts at the lowest responsible management level. The Department strives to work cooperatively with all contractors and partnering is our way of doing business. The Department encourages partnering utilizing a partne ring team. The partnering team consists of significant contributors from the Contractor, Department, and invited stakeholders. For contracts with a total bid up to $10 million, professionally facilitated partnering is encouraged. For a contract with a tot al bid greater than $10 million, professionally facilitated partnering is required. The establishment of the Partnering relationship will not change or modify the terms and conditions of the contract. A written invitation to enter into a partnering relat ionship will be sent after contract award. Respond within 15 days to accept the invitation and request the initial and additional partnering workshops. After the Engineer receives the request, the Contractor and the Engineer shall cooperatively select a pa rtnering facilitator that offers the service of a monthly partnering evaluation survey, schedule the initial partnering workshop, select the initial workshop site and duration, and agree to other workshop administrative details. Additional quarterly partn ering workshops will be required throughout the life of the contract. When requested by either party, a partnering trainer will conduct a 1 -day training session in partnering skills development for Contractor and Department representatives before the init ial partnering workshop. The Contractor and the Engineer will cooperatively schedule the training session, obtain a professional trainer, and select a training site. This training session shall be a separate session from the initial partnering workshop a nd shall be conducted locally. In implementing partnering, the Contractor and the Engineer shall manage the contract by:
1.Using early and regular communication with involved parties.
2.Establishing and maintaining a relationship of shared trust, equity, and commitment.
3.Identifying, quantifying, and supporting attainment of mutual goals.
4.Developing strategies for using risk management concepts.
5.Implementing timely communication and decision making.
6.Resolving potential problems at the lo west possible level to avoid negative impacts.
7.Holding periodic partnering meetings and workshops as appropriate to maintain partnering relationships and benefits throughout the life of the contract.
8.Establishing periodic joint evaluations of the par tnering process and attainment of mutual goals. The partnering team shall create a team charter that includes mutual goals (core project goals which may also include project specific goals and mutually supported individual goals), a partnering maintenance and closeout plan, dispute resolution plan with a dispute resolution ladder, and team commitment statement and signatures. The partnering team shall participate in monthly partnering evaluation surveys to measure progress on mutual goals and short -term k ey issues as they arise, hold a contract closeout partnering session, and document lessons learned before contract acceptance. The Department encourages the partnering team to exhaust the use of partnering in dispute resolution and the use of the escalati on ladder for dispute resolution. Whenever a dispute cannot be resolved by the use of the partnering process, the provisions of Subsection 105.18 will remain in effect except the notification required under Subsection 104.02 will be satisfied by the comple tion of the "Conflict Resolution Form." CONTROL OF WORK 105 21 The costs for providing the Partnering Facilitator, Partnering Trainer, and Workshop Sites will be borne by the Department. The Contractor shall pay all initial costs incurred. The Department will reimburse the Contr actor all of the costs as evidenced by copies of invoices from the Facilitator, Trainer, and Workshop Site provider. Markup or profit added to invoices will not be allowed. All other costs associated with Partnering shall be borne separately by the party i ncurring the cost. 105.0 6 Coop eration by Contractor. A minimum of 4 sets of approved plans and contract assemblies including Special Provisions will be supplied. Additional copies of plans and Special Provisions may be obtained upon written request to the Department, for which payment may be required. Give the work constant attention necessary to facilitate the progress thereof, and cooperate with the Engineer, his inspectors , and other contractors in every way possible. Have on the work at all times, as your agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer. Designate such superinten dent in writing before starting work. The superintendent shall have full authority to execute orders or directions of the Engineer without delay, and to promptly supply such materials, equipment, tools, labor , and incidentals as may be required. Furnish su ch superintendence irrespective of the amount of work sublet. Whenever the Contractor or his authorized representative is not present on any particular part of the work where it may be desired to give direction, orders will be given by the Engineer to the Contractor’s superintendent, foreman, or other person in charge of the operation, who is present, and these orders shall have the same force and effect as if given to the Contractor or his designated representative. Any order given by the Engineer, not o therwise required by the specifications to be in writing, will on request be given or confirmed in writing. 105.0 7 Cooperation with Utilities. The Department will notify all utility companies, all pipeline owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances within the limits of construction, made as soon as practicable. Water lines, gas lines, wire lines, service connections, water and gas meter bo xes, water and gas valve boxes, light standards, cable ways, signals , and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwi se provided for in the Special Provisions or as noted on the plans. Possible underground facilities may exist that are not known to the State or in a location different from that which are shown on the plans or in the Special Provisions. Take steps to asc ertain the exact location of all underground facilities before doing work that may damage such facilities or interfere with their service. The l ocating of underground facilities is the sole responsibility of the Contractor. No reliance may be placed upon t he location of underground facilities as noted on the plans. Where it is determined by the Engineer that the rearrangement of an underground facility, the existence of which is not shown on the plans or in the Special Provisions, is essential in order to accommodate the highway improvement, the rearrangement of such facility will be provided for by other forces or by the Contractor as extra work as provided in Subsection 104.03. Any delays to the Contractor’s operations as a direct result of utility or ot her nonhighway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate construction operations) will be considered right of way delays within the meaning of Subsection 108.12. Compensation for such delay will be determined according to Subsection 108.12, and no further compensation will be allowed therefore. See Subsection 107.17. 105.0 8 Cooperation Between Contractors. The Department reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Join work with that of the others in an acceptable manner and perform it in proper sequence to that of the others. In the event of concurrent 105 CONTROL OF WORK 22 work, coordinate operations with the other C ontractors in such a manner that all requirements, restrictions, and stipulations specified in the contract documents are met. Each Contractor involved shall assume all liability, fin ancial or otherwise, in connection with his contract and shall protect, indemnify, defend , and hold harmless the Department from any and all damages or claims that may arise because of inconvenience, delay , or loss experienced by him because of the presenc e and operations of other Contractors working within the limits of the same project. 105.0 9 Construction Stakes, Lines , and Grades. Construction stakes establishing lines, slopes, and continuous profile -grade in road work, and centerline and bench marks f or bridge work, culvert work, protective and accessory structures and appurtenances will be set as deemed necessary, and all necessary information relating to lines, slopes, and grades will be furnished. These stakes and marks shall constitute the field co ntrol by and in under which the Contractor shall establish other necessary controls and perform the work. Preserve construction stakes and marks. If any of the construction stakes or marks have been carelessly or willfully destroyed or disturbed by the Co ntractor, the cost of replacing them will be charged against him and will be deducted from the payment for the work. The Department will be responsible for the accuracy of line, slopes, grades, and other engineering work which is set forth under this Sect ion. After initial slope staking of horizontal and vertical controls, give 72 hours written notice for any additional required controls. Saturdays, Sundays, and holidays will not be counted as part of the 72 hours.
105.10 Authority and Duties of the Resi dent Engineer. As the direct representative of the Director of the
Department of Transportation, the Resident Engineer has immediate charge of the engineering details of each construction project. The Resident Engineer is responsible for the administration and satisfactory completion of the project. The Resident Engineer shall have the authority to reject defective materials and to suspend any work that is being improperly performed. 105.1 1 Duties of the Inspector. Inspectors employed by the Department will be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector will not be authorized to alter or waive the provisions of the contract. The inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the Contractor; however, the inspector shall have the authority to reject work or materi als until any questions at issue can be referred to and decided by the Engineer. 105.1 2 Inspection. All materials and each part or detail of the work shall be subject to inspection by the Engineer. Provide the Engineer acceptable access to all parts of th e work and furnish him with such information and assistance as required to make a complete and detailed inspection. If requested, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. Aft er examination, restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing and the replacing of the covering, or making good of the parts removed will be paid for as extra work according to Subsection 104.03; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and replacing of the covering, or making good of the parts removed will not be paid for. Any work don e or materials used without inspection by the Engineer may be ordered removed and replaced at own expense, unless the Engineer failed to inspect after having been given reasonable notice in writing that the work was to be performed. When facilities of any unit of government, political subdivision, railroad corporation, or public utility corporation are adjusted or constructed as a part of the work covered by this contract, its respective representatives shall have the right to inspect the work. Such inspec tion shall in no sense make any unit of government, political subdivision, railroad corporation, or public utility corporation a party to this contract, and shall in no way interfere with the rights o f either party thereunder. 105.1 3 Removal of Unacceptab le and Unauthorized Work. Work which does not conform to the requirements of the contract will be considered as unacceptable work, unless otherwise determined acceptable under the provisions in Subsection 105.03. CONTROL OF WORK 105 23 Immediately remove and replace unacceptabl e work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause, found to exist before the final acceptance of the work in an acceptable manner. Work done contrary to the instructions of the Engi neer, work done beyond the lines shown on the plans, or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be or dered removed or replaced at own expense. Upon failure to comply forthwith with any order of the Engineer, made under the provisions of this Subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to withhold the costs from any money due or to become due. 105.1 4 Load and Speed Restrictions. Do not damage the work when hauling. When hauling material for incorporation in portions of highways under construction or reconstruction, hereinafter called the project, do not haul loads which are in excess of the limits set by the Department on any new or existing bridge or new and existing bituminous base and surface, cement treated base, or Portland cement concrete pavin g which is to remain in place for vehicular traffic within the project or between the project and the material deposits or other sources of materials. Comply with load limits established by the Department for the project regardless of the source of materia ls, whether from designated or nondesignated deposits or approved commercial sources. Unless otherwise permitted in writing, do not exceed the maximum loads limits set forth in NRS Chapter 484. The Engineer may, for the protection of the traveling public, establish speed limits on or adjacent to the project. Strictly observe such limitations of speed. Reduce truck loads in excess of 450 kg (1,000 lb) of the maximum gross mass to the legal mass immediately after weighing and before hauling to the placement site. For failure to reduce the load and subsequent hauling of it to the placement site, a 50% reduction in the contract unit price bid for that load will be made, not as a penalty, but as liquidated damages. Gross construction vehicle weight in excess of legally permitted highway loads will not be allowed on any portion of the cement treated base, roadbed modified base, Portland cement concrete pavement, cold milled bituminous surface , or any new or existing base or surface which may become damaged.
105.15 Maintenance During Construction. Maintain the contract work during construction and until the
project is accepted, except as provided for in Subsection 107.15. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the roadway and structures are at all times kept in a satisfactory condition. Take maintenance responsibility for any work performed or to be performed under the contract. Correct or repair all damage attributable to Contractor’s operations. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, maintain the previous course or subgrade during all construction operations. Except as provided for in Subsection 107.15, inc lude all costs of maintenance work during construction and before the project is accepted in the unit prices bid on the various pay items and an additional payment will not be made for such work. Immediate notification will be given in writing for failure to comply with the se provisions . If failing to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Engineer may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from mone y due or to become due.
105.16 Final Inspection and Acceptance. Upon due notice or presumptive completion of the entire project,
inspection will be made and if all construction and final cleanup provided for and contemplated by the contract is found satis factorily completed, that inspection shall constitute the final inspection. See Subsection 104.0 5. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, necessary instructions will be given for correction of same, a nd immediately comply with and execute such instructions. Upon correction of the work , another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event , notification will be giv en in writing and the Department will 105 CONTROL OF WORK 24 assume maintenance responsibilities for the project as of the date of final inspection. After final inspection has been established as provided above, the publication of a notice of the date of final acceptance of the contract will be made. For contracts in Clark County, final acceptance will not be made until a copy of the final inspection and release from the Clark County Department of Air Quality Management has been provided, as specified in Section 637.
105.17 Requests for Equitable Compensation and Adjustments. If, believing that additional compensation
is due for work or material not clearly covered in the contract or not ordered as extra work as defined herein, give notification in writing of intention to reque st additional compensation before beginning the work on which basing the request. If such written notification is not given, and the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as required, then th e Contractor shall be deemed to waive any rights for such additional compensation. Such notice and the accounting of the cost as aforesaid, shall not be construed as proving or substantiating the validity of the request. If the request is found to be just, it will be paid pursuant to Subsection 104.03. Subcontractor requests will not be considered except as submitted and certified by the Contractor as the Contractor’s request. For all requests originating with a Subcontractor, thoroughly evaluate the requ est and either admit or deny its validity in a statement sworn to under oath. If denying the request, do not present the request to the Department. If the Subcontractor sues the Contractor for payment, the Contractor shall not sue the Department for indemn ity, contribution, or under any other theory for participation in the payment of the Subcontractor’s request. The Contractor specifically acknowledges that Subcontractor requests are the Contractor’s responsibility, and that they are contractually obligate d not to involve the Department in such request as they believe are not valid. For all requests, certify in writing that the request is made in good faith, that the supporting data are accurate and complete to the best of knowledge and belief, and that th e amount requested accurately reflects the contract adjustment for which the Department is believed liable. By signing the Contract, the Contractor agrees to waive all rights to any requests for additional compensation not submitted within one year of the date of the Director’s acceptance.
105.18 Disputes Review Team. A Disputes Review Team (DRT) will be established to assist in the resolution
of disputes, claims, and other controversies arising out of the work of the contract. The DRT will assist in, an d facilitate, the timely and equitable resolution of disputes between the Engineer and the Contractor in an effort to avoid construction delay and litigation. The intent is that the DRT be utilized only after the partnering dispute resolution process has been exhausted. It is intended that the DRT encourage the Engineer and Contractor to resolve potential disputes without resorting to the hearing of disputes by the DRT. It is not intended for the Engineer or the Contractor to default on their normal respon sibility to amicably and fairly settle their differences by indiscriminately assigning them to the DRT. Either the Engineer or the Contractor may request a dispute be heard by the DRT. Such a request may be made as soon as it appears that the partnering d ispute resolution process is not succeeding. The DRT shall fairly and impartially consider disputes referred to it, and shall provide written recommendations to the Engineer and the Contractor, to assist in the resolution of these disputes. Although the recommendations of the DRT should carry great weight for both the Engineer and the Contractor, they are not binding on either Party. If the DRT recommendation does not resolve the dispute, the written recommendation, including any minority report, will be admissible as evidence, to the extent permitted by law, in any subsequent proceeding or forum to establish: (a) that a DRT considered the Dispute; (b) the qualifications of the DRT members; and (c) the DRT recommendation that resulted from the process. At all times during the course of the dispute resolution, the Contractor shall continue with the work as directed, in a diligent manner and without delay, or shall conform to the Engineer’s decision or order, and shall be governed by all applicable provisio ns of the contract. Records of the work shall be kept in sufficient detail to enable payment in accordance with applicable provisions in the contract. CONTROL OF WORK 105 25 The DRT will consist of one member selected by the Engineer and approved by the Contractor, one member selected by the Contractor and approved by the Engineer, and a third member selected by the first two members and approved by both the Engineer and the Contractor. Normally, the third member will act as Chairman for all DRT activities. DRT members may be pr oposed from a variety of sources including, but not limited to, industry experts, engineering experts, the American Arbitration Association, and t he Dispute Resolution Board Foundation. The purpose of the DRT is to provide knowledgeable expertise to assis t in avoiding and resolving construction conflicts. Toward that purpose, each of the first two members should be acknowledged and experienced experts in the means, methods, and practices of Engineering and construction in the type of construction involved in the project. The goal in selecting the third member is to act as chairman of the DRT and provide leadership for the DRT's activities. The DRT members shall show no partiality to either the Contractor or the Engineer; or have any conflict of interest. B efore their appointments are final, the first two prospective members shall submit complete disclosure statements for the approval of both the Engineer and the Contractor. Each statement shall include a resume of experience together with a declaration desc ribing all past, present, and anticipated or planned future relationships to the contract and with all Parties involved in the construction contract. Disclosure of recent, close, professional, or personal relationships with all key members of all Parties t o the contract shall be included. The third DRT member shall supply such a statement to the first two DRT members and to the Engineer and Contractor before his/her appointment is final. The Engineer and the Contractor shall each have the opportunity to int erview any prospective DRT member before their appointment is final. If a DRT is established as provided for herein, the Engineer, Contractor, and all three members of the DRT shall execute the Disputes Review Teams Controlling Document (DRT Controlling D ocument) within six weeks after the selection of the third member. Contact the Department’s Construction Division for a copy of the DRT Controlling Document. The DRT shall operate in accordance with the DRT Controlling Document. Disputes shall be considered as quickly as possible, taking into consideration the particular circumstances and the time required to prepare detailed documentation. Steps in the procedure for dispute resolution may be omitted as agreed to by both parties in writing, and the time periods stated in the DRT Controlling Document may be shortened to hasten resolution. "Allowable DRT Costs" are the actual invoice costs for the Team, including the DRT members' expenses, and facilities cost, for DRT meetings. Contractor’s labor, ov erhead, and profit are not Allowable DRT Costs. The Engineer and the Contractor shall share equally the Allowable DRT Costs associated with the DRT, including, but not limited to, costs and expenses of the hearing and DRT members' time billed for consideri ng a dispute. These costs will be the actual invoiced cost and include no markup. The Contractor shall pay all fees and expenses associated with the DRT and may bill and thereafter be reimbursed for one half the costs by the Department for all Allowable D RT Costs which the Engineer is responsible for as determined above. Payment for members' services shall be as provided in the DRT Controlling Document. The Engineer will provide administrative services associated with assembly of and communication with th e DRT, and will solely bear the costs of these Engineer services. 105.1 9 Value Engineering Proposals. Value Engineering Proposals (VEP) may be submitted in writing for modifying the plans, specifications , or other requirements of the contract for the purp ose of reducing the total cost of construction without reducing design capacity or quality of the finished produ ct. The proposal must be submitted as such to allow timely review by the Department before commencing work. If accepted, net savings resulting f rom a VEP will be shared by the Department and the Contractor on a 50 -50 basis. The requirements herein apply to all VEPs initiated and developed by the Contractor and which are identified as such at the time of submission. Nothing herein shall be constru ed as requiring consideration or approval of a VEP submitted hereunder. Each VEP shall result in a net savings over the contract costs without impairing essential functions and characteristics of the item(s) or of any other part of the project, including but not limited to environmental 105 CONTROL OF WORK 26 considerations, service life, reliability, economy of operation, ease of maintenance, desired aesthetics , and safety. Submit the following information with each VEP:
a.A statement that the proposal is submitted as a VEP ;
b.A statement concerning the basis for the VEP and benefits to the Department together with an itemization of the contract requirements affected by the VEP;
c.A detailed estimate of the cost under the existing contract and under the VEP;
d.Proposed specifications and recommendations as to how such VEP changes are to be accomplished; and
e.A statement as to the time by which a contract change order adopting the VEP must be issued so as to obtain the maximum cost effectiveness. The VEP will be processed in the same manner as prescribed for any other proposal which would necessitate issuance of a contract change order. The Department may accept in whole or in part any VEP by issuing a contract change order which will identify the VEP on which it is based. The Department will not be liable for failure to accept or act upon any VEP submitted pursuant to these requirements nor for any delays to the work attributable to any such proposal. Until a proposal is effected by contract change order, remain o bligated to perform under the terms and conditions of the existing contract. If an executed contract change order has not been issued by the date upon which the proposal specifies that a decision thereon should be made, or such other date as the Contractor may have subsequently specified in writing, such proposal shall be deemed rejected. The contract change order effecting the necessary contract modification will establish the net savings agreed upon, will provide for adjustment in the contract prices , and will indicate the new savings to be equally divided between the Contractor and the Department. Absorb all costs incurred in preparing a VEP for submission. All reasonably incurred costs of reviewing and administering the VEP will be borne by the Departme nt. The Department reserves the right to include in the agreement any conditions it deems appropriate for consideration, approval, and implementation of the proposal. The Contractor’s 50% share of the net savings shall constitute full compensation to him f or effecting all changes pursuant to the agreement. Acceptance of the VEP and performance of the work thereunder will not change the contract time limit as a result of the VEP, unless specifically provided for in the contract change order authorizing the VEP. The Department expressly reserves the right to adopt a VEP for general use in contracts administered by the Department when it determines that said proposal is suitable for application to other contracts. VEPs identical or similar to previously submi tted proposals will be eligible for consideration and compensation under these provisions if such proposals were not previously adopted for general application to other contracts administered by the Department. When a VEP is adopted for general use, compen sation pursuant to these requirements will be applied only to those contracts awarded and for which the subject VEP has been submitted before the date of adoption of the specific VEP. Proposed changes in the basic design of a bridge or pavement type, traf fic control plan, or changes which require different right of way limits, will not normally be considered as an acceptable VEP. The elimination or changes to the required marination of plantmix bituminous aggregates will not be considered as an acceptable VEP. The Engineer shall be the sole judge of the acceptability of a VEP. Subject to the provisions contained herein, the Department or any other public agency shall have the right to use all or part of any accepted VEP without obligation or compensation of any kind to the Contractor. In the event a VEP is accepted by the Department, the provisions of Subsection 104.02 which pertain to adjustment of contract unit prices due to alterations of contract quantities will not apply to items adjusted or deleted as a result of effecting the VEP by contract change order. 27 SECTION 106 CONTROL OF MATERIAL
106.01 Source of Supply and Quality Requirements. Furnish all materials required to complete the work,
except materials that are designated in the Special Provisions to be furnished by the Department as specified in Subsection 106.11. Only incorporate materials conforming to the requirements of the specifications in the work. Furnish and use new materials unless otherwise specified. Manufacture, handle and use materials in a workmanlike manner to ensure completed work according to the plans and specifications. Give notification of proposed sources of material a minimum of 30 days in advance of their use to enable the Engineer to properly inspect, sample, and test said sources of material. If it is found after trial that sources of supply for previously approved materials do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, furnish satisfactory materials from other sources. Furnish without charge such samples as may be required. Inspection and tests will be made, but it is understood that such inspections and tests, if made at any point other than the point of incorporation in the work, in no w ay shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made. Reports and records of inspections made and tests performed may be examined. Deliver manufacturer’s warranties, guarantees, instruction sheets , and parts lists, which are furnished with certain articles or materials incorporated in the work, before acceptance of the contract. Do not use materials that are past the expiration date or have exceeded the shelf life indicated in the manufacturer’s technical data sheets. A Qualified Products List (QPL) may be obtained from NDOT Administrative Services, 1263 S. Stewart Street, Carson City, Nevada 89712, phone (775) 888-7070. The QPL is a list of manufactured products available on the market that have been evaluated and determined suitable for a specified use. The Spec Number in the QPL corresponds to the Subsection in the Standard Specifications or the Special Provisions where the item is specified. The Contractor’s procurement and use of products is limited to those listed in the QPL or to those products meeting current specifications. Submit sufficient product information with any request for approval to use a product other than those listed. Products listed in the QPL shall be restricted to use in the category in which they are listed and shall be installed as recommended by the manufacturer. Replace any qualified products not conforming to specifications, or which are improperly handled or installed.
106.02 Local Materials. Local material is rock, soil, or other mineral material, including borrow, selected
borrow, or other selected material, obtained or produced from sources in the vicinity of the work specifically for use on the project. Furnish local materials from any source, except when a mandatory source is designated in the Special Provisions. Contact the Nevada Division of Environmental Protection (NDEP) to obtain a Change of Location Application (COLA) prior to entry into any material site that the Department has an application with the BLM for the rights to mine materials. A COLA will not be issued for any Department furnished source until the apparent low bidder has been confirmed by NDEP. Imported material shall comply with Federal, State, or local regulations and requirements. Material imported for use shall not originate from an uncontrolled hazardous waste site, or similar site as defined by Federal, State, or local regulation or definition, unless it meets necessary Federal, State, or local regulations and agency determinations. Contaminated, regulated, or hazardous materials, as defined by Federal, State, or local regulation or definition, shall not be imported for use.
Source: Nevada Standard Specifications for Road and Bridge Construction, 2014 Edition. Pages 25–32 of 610.