2015 HELLWINKEL CHANNEL PROJECT

Transcription

1 2015 HELLWINKEL CHANNEL PROJECT CONTRACT DOCUMENTS AND CONSTRUCTION SPECIFICATIONS Town of Gardnerville Douglas County, Nevada Town Contract No Engineer Project No SIP#00763 July 2015 Thomas Dallaire, P.E., Town Manager Geoffrey LaCost, E.I., Civil Engineer Town Board Lloyd Higuera, Chairman Mary Wenner, Vice Chairman Cassandra Jones, Board Member Ken Miller, Board Member Linda Slater, Board Member

2 TABLE OF CONTENTS DIVISION PAGE 1. ADVERTISEMENT FOR BIDS... AB-1 2. INSTRUCTIONS TO BIDDERS... IB-1 Article 1 - Defined Terms... IB-2 Article 2 - Copies of Bidding Documents... IB-2 Article 3 - Qualifications of Bidders.... IB-2 Article 4 - Examination of Bidding Documents, Other Related Data, and Site.... IB-2 Article 5 - Pre-bid Conference... IB-4 Article 6 - Site and Other Areas... IB-4 Article 7 - Interpretations and Addenda... IB-5 Article 8 - Bid Security... IB-5 Article 9 - Contract Times... IB-5 Article 10 - Liquidated Damages... IB-5 Article 11 - Substitute and "Or-Equal" Items... IB-5 Article 12 - Subcontractors, Suppliers and Others... IB-6 Article 13 - Preparation of Bid... IB-6 Article 14 - Basis of Bid; Evaluation of Bids... IB-7 Article 15 - Submittal of Bid... IB-7 Article 16 - Modification and Withdrawal of Bid... IB-7 Article 17 - Opening of Bids... IB-8 Article 18 - Bids to Remain Subject to Acceptance... IB-8 Article 19 - Award of Contract... IB-8 Article 20 - Contract Security... IB-9 Article 21 - Signing of Agreement... IB-9 Article 22 - Retainage... IB-9 Article 23 - Insurance... IB-9 Article 24 - Appeal by Bidders... IB-9 3. BID FORM... BF-1 Bid Form... BF-1 List of Subcontractors (submitted with bids)... BF-6 Unit Price Bid Schedule... BF-7 List of Subcontractors (submitted after bid opening)... BF-8 Bid Bond... BF-9 Statement of Bidder s Experience and Financial Qualifications Construction Contractor s Qualification Statement for Engineered Construction... BF-12 Schedule A... BF-18 Schedule B... BF-19 Schedule C... BF AGREEMENT... AG-1 5. PERFORMANCE AND PAYMENT BONDS... PB-1 Performance Bond... PB-1 Payment Bond... PB Hellwinkel Channel Project TABLE OF CONTENTS Printed July 13, 2015 TC-1

3 TABLE OF CONTENTS (CONTINUED) DIVISION PAGE 6. GENERAL CONDITIONS... GC-1 Article 1 - Definitions And Terminology... GC-4 Article 2 - Preliminary Matters... GC-7 Article 3 - Contract Documents: Intent, Amending, Reuse... GC-8 Article 4 - Availability Of Lands; Subsurface And Physical Conditions; Reference Points... GC-9 Article 5 - Bonds And Insurance... GC-13 Article 6 - Contractor s Responsibilities... GC-17 Article 7 - Other Work... GC-24 Article 8 - Owner's Responsibilities... GC-25 Article 9 - Engineer's Status During Construction... GC-26 Article 10 - Changes In The Work; Claims... GC-28 Article 11 - Cost Of The Work; Cash Allowances; Unit Price Work... GC-29 Article 12 - Change Of Contract Price; Change Of Contract Times... GC-32 Article 13 - Tests And Inspections; Correction, Removal Or Acceptance Of Defective Work... GC-33 Article 14 - Payments To Contractor And Completion... GC-36 Article 15 - Suspension Of Work And Termination... GC-40 Article 16 - Dispute Resolution... GC-41 Article 17 - Miscellaneous... GC SUPPLEMENTARY CONDITIONS... SC-1 8. EXHIBITS CONTRACT FORMS Notice of Award Notice to Proceed Application for Payment Conditional Waiver and Release Upon Progress Payment Unconditional Waiver and Release Upon Progress Payment Work Change Directive Field Order Change Order Non-Compliance Notice Notice of Intent to Assess Liquidated Damages Certificate of Substantial Completion Affidavit of Payment Conditional Waiver and Release Upon Final Payment Unconditional Waiver and Release Upon Final Payment Consent of Surety for Final Payment Release of Final Payment Request for Submittal Review 2015 Prevailing Wage Rates Douglas County 9. CONSTRUCTION SPECIFICATIONS 10. CONTRACT DRAWINGS 2015 Hellwinkel Channel Project TABLE OF CONTENTS Printed July 13, 2015 TC-2

4 ADVERTISEMENT FOR BIDS

5 ADVERTISEMENT FOR BIDS 1. Separate sealed bids will be received by the Town of Gardnerville for the work as set forth in the Bid Documents for 2015 Hellwinkel Channel Project, Town Contract No The bids shall be received on or before 3:00p.m., on July 29, 2015, in the Administrative Office of: Tom Dallaire, P.E. Gardnerville, Town Manager Town of Gardnerville 1407 US Highway 395 North Gardnerville, NV The time reference is the U.S. Naval Observatory Master Clock (eastern time minus three hours will equal local time) at (202) Bids will be subsequently opened and read by a representative of the Town of Gardnerville. It is anticipated that the Board of the Town of Gardnerville will consider award of the contract at their meeting held on August 5, 2015 at 1407 Hwy 395, Gardnerville Nevada at 4:30 PM. 2. The scheduled work for the 2015 Helwinkel Channel project is located in the Town of Gardnerville. The primary work for which Bids are to be submitted consists of excavation and costruction of a storm drainage channel, installation of a multimodal pathway, underground of the existing overhead power lines, fiberoptic conduit with associated pull boxes. 3. Copies of the Bid Documents may be examined online at or obtained at the office of the Town of Gardnerville, 1407 US Highway 395 North, Gardnerville, NV 89410, between the hours of 8:00 a.m. and 5:00 p.m. 4. The Nevada Prevailing Wage Rate as established by the State Labor Commission shall be paid on projects with a contract price of $250,000 or more. If the contract price is $250,000 or more, all employees of the Contractor and his Subcontractors shall not be paid less than the State wage determinations. 5. No proposal will be considered unless accompanied by a bid security in the form of a Certified or Cashier's Check, or Bid Bond, in an amount not less than ten percent (10%) of the bid. The successful Bidder will be required to furnish a Performance Bond in an amount of one hundred percent (100%) of the Contract amount and a Payment Bond in an amount of one hundred percent (100%) of the Contract amount. All bid securities, except those of the lowest three Bidders, will be returned to the Bidder after checking of all proposals. The lowest three Bidders bid securities will be returned upon execution of the Contract, but in no event later than forty-five (45) days after receipt of the Bids. Should the successful Bidder refuse or neglect to enter into a contract and furnish the required bonds within fifteen (15) days from the time it was notified of the acceptance of its Bid, its bid security will be forfeited as liquidated damages for its failure to do so. 6. No pre-bid conference will be held. 7. Work can begin as soon as will be expected to be complete by October. 8. A contractor must be qualified pursuant to NRS or to bid on this project Hellwinkel Channel Project ADVERTISEMENT Printed July 14, 2015 AB-1 FOR BIDS

6 9. The Town of Gardnerville reserves the right to reject any and all Bids, to waive informalities, and to negotiate with the apparent best qualified Bidder to such an extent as may be necessary. Omission or improper completion of any or all of the proper Bidding Documents will be considered as a reason for rejection of the Bid. The complete Bidding Documents shall include the following: a. Bid Form, including Bid Schedule b. A tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified; c. Bid Bond (or Certified or Cashier's Check); and, d. Construction Contractor's Qualification Statement for Engineered Construction, including Schedules A, B and C. Town of Gardnerville Douglas County, Nevada Dated Tom Dallaire, PE Town Engineer/Manager 2015 Hellwinkel Channel Project ADVERTISEMENT Printed July 14, 2015 AB-2 FOR BIDS

7 INSTRUCTIONS TO BIDDERS

8 TABLE OF CONTENTS FOR INSTRUCTIONS TO BIDDERS Page Article 1 - Defined Terms... 2 Article 2 - Copies of Bidding Documents... 2 Article 3 - Qualifications of Bidders Article 4 - Examination of Bidding Documents, Other Related Data, and Site Article 5 - Pre-bid Conference... 4 Article 6 - Site and Other Areas... 4 Article 7 - Interpretations and Addenda... 5 Article 8 - Bid Security... 5 Article 9 - Contract Times... 5 Article 10 - Liquidated Damages... 5 Article 11 - Substitute and "Or-Equal" Items... 5 Article 12 - Subcontractors, Suppliers and Others... 6 Article 13 - Preparation of Bid... 6 Article 14 - Basis of Bid; Evaluation of Bids... 7 Article 15 - Submittal of Bid... 7 Article 16 - Modification and Withdrawal of Bid... 7 Article 17 - Opening of Bids... 8 Article 18 - Bids to Remain Subject to Acceptance... 8 Article 19 - Award of Contract... 8 Article 20 - Contract Security... 9 Article 21 - Signing of Agreement... 9 Article 22 - Retainage... 9 Article 23 - Insurance... 9 Article 24 - Appeal by Bidders Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-1 TO BIDDERS

9 Article 1 - Defined Terms 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder - The individual or entity who submits a Bid directly to OWNER. B. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder - The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. Article 2 - Copies of Bidding Documents 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. Article 3 - Qualifications of Bidders To demonstrate Bidder s qualifications to perform the Work, each Bidder must submit a completed Statement of Bidder's Experience and Financial Qualifications with the Bid Form. Article 4 - Examination of Bidding Documents, Other Related Data, and Site Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from and technical data or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-2 TO BIDDERS

10 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from and technical data or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Conditions at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions On request, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work, if any, that is to be performed at the site by OWNER or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and other related data identified in the Bidding Documents; B. Visit the Site to become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous 2015-Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-3 TO BIDDERS

11 to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by ENGINEER is acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. Article 5 - Pre-bid Conference 5.01 No pre-bid conference will be held. Article 6 - Site and Other Areas 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-4 TO BIDDERS

12 Article 7 - Interpretations and Addenda 7.01 All questions about the meaning or intent of the Bidding Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Article 8 - Bid Security 8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of ten percent of Bidder's maximum Bid price and in the form of a Certified or Bank Check or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. Article 9 - Contract Times 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) also completed and ready for final payment are set forth in the Agreement. Article 10 - Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. Article 11 - Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the Construction Specifications Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-5 TO BIDDERS

13 Article 12 - Subcontractors, Suppliers and Others In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, apparent Successful Bidder, prior to the notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER s written consent Each Bidder must submit a completed List of Subcontractors on the Form furnished with the completed Bid Form. The apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to OWNER supplemental information in the form of an experience statement with the pertinent information regarding similar projects and other evidence of qualification of each Subcontractor, Supplier, person or organization if requested by OWNER or ENGINEER. IF OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution and OWNER may consider such price adjustment in evaluating Bids and making the contract award If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. Article 13 - Preparation of Bid The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER (or the Issuing Office) All blanks on the Bid Form and Bid Schedule(s) must be completed by printing in ink or by typewriter and the Bid signed. A bid price shall be indicated for each Bid item listed therein A Bid by a corporation shall be executed in the corporate name by the president or a vice-president, or other corporate officer accompanied by evidence of authority to sign, and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown below the signature A bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature A Bid by an individual shall show the Bidder s name and official address Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-6 TO BIDDERS

14 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venturer must be shown below the signature All names must be typed or printed in black ink below the signatures The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form The address and telephone number for communications regarding the Bid must be shown The Bid shall contain evidence of Bidder s authority and qualification to do business in the state where the Project is located. Bidder s state contractor license number for the state of the Project must also be shown on the Bid Form. Article 14 - Basis of Bid; Evaluation of Bids Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for each item. The final quantities and Contract Price will be determined in accordance with paragraph of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowance, if any, named in the Contract Documents as provided in paragraph of the General Conditions. Article 15 - Submittal of Bid A bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." Article 16 - Modification and Withdrawal of Bid A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, OWNER may, in its sole discretion, choose to not accept the 2015-Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-7 TO BIDDERS

15 Bid and return the same to Bidder. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. Article 17 - Opening of Bids Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. Article 18 - Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. Article 19 - Award of Contract OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents If the Contract is to be awarded, OWNER will award the Contract to lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. Pursuant to NRS , the OWNER will not award the contract to any Bidder who, at the time of opening of Bids, is not licensed under the provisions of Chapter 624 of the Nevada Revised Statutes or if the contract would exceed the limit of its license. The Bidders attention is directed to NRS which declares that, any bid submitted by a person who is neither licensed nor exempted from licensure as provided in this chapter at the time the bid is submitted is void If the contract is to be awarded, OWNER will give the successful Bidder a Notice of Award within fortyfive days after the day of the Bid opening Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-8 TO BIDDERS

16 19.08 NRS provides for a five percent Bidder preference to Bidders who qualify for the preference. Refer to Supplementary Condition 6.09.K for the requirements which must be met by a Bidder under this statute. Article 20 - Contract Security Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER s requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds. Article 21 - Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within 10 days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of drawings with appropriate identification. Article 22 - Retainage Provisions concerning retainage and Contractors' rights to deposit securities in lieu of retainage are set forth in the Agreement. Article 23 - Insurance Contractor agrees to provide proof of insurance prior to the performance of any work under this contract, and to maintain required workers compensation coverage throughout the entire term of the contract. Refer to General Conditions 5.03, 5.04, and Article 24 - Appeal by Bidders Any bidder may appeal a pending bid award prior to award by Owner. The appellant must: A. Submit a written protest to the Owner s contract administrator within five (5) workdays after the bid opening. B. Describe, in the written protest, the issues to be addressed on appeal. C. Post, with the written protest, a bond with a surety meeting the requirements of Supplementary Condition SC 5.02 authorized to do business in this state or submit other security in a form approved by Owner who will hold the bond or security until a determination is made on the appeal. D. Post the bond or other security in the amount of 25% of the total dollar value of the appellant s bid, up to a maximum bond or other security amount of $250, protest. E. Not seek any type of judicial intervention until Owner has rendered its final decision on the 2015-Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-9 TO BIDDERS

17 24.02 Owner will stay award actions until after the Owner s contract administrator has responded in writing to the protest. If the appellant is not satisfied with the response, the appellant may then protest to the Gardnerville Town Board, who will render a final decision for the Owner. No bid protests will be heard by the Gardnerville Town Board unless bidder has followed the appeal process If an appeal is granted, the full amount of the posted bond or security will be returned to the appellant. If the appeal is denied or not upheld, a claim may be made against the bond for expenses suffered by the Owner because of the unsuccessful appeal Owner is not liable for any costs, expenses, attorney s fees, loss of income, or other damages sustained by the appellant in a bid process Hellwinkel Channel Project INSTRUCTIONS Printed July 13, 2015 IB-10 TO BIDDERS

18 BID FORM

19 BID FORM PROJECT IDENTIFICATION: 2015 Hellwinkel Channel Project CONTRACT IDENTIFICATION NUMBERS: Owner s Contract No Engineer s Project No THIS BID IS SUBMITTED TO: Town of Gardnerville 1407 US Highway 395 North Gardnerville, NV The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER In submitting this Bid, BIDDER represents, as set forth in the Agreement, that: A. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date B. BIDDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. BIDDER has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect 2015 Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-1

20 of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by BIDDER, and safety precautions and programs incident thereto. F. BIDDER does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. BIDDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which this Bid is submitted BIDDER further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any individual or entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER The requirements of the Nevada Revised Statutes (NRS) shall apply to this project. The BIDDER is responsible for compliance with all applicable statutes. These statutes include, but are not limited to: A. NRS Hourly and daily rate of wages must not be less than prevailing wage in county. B. NRS Exemptions C. NRS Bids to include certain information concerning subcontractors; requirements for substitution of named subcontractors. (See Supplementary Condition 6.09.J) D. NRS Award of contract to contractor who submits best bid. The entire set of Nevada Revised Statutes are available for review online at For a Unit Price Bid, the CONTRACTOR acknowledges that the cost of the work and materials ancillary or necessary to the Bid Items are included with each appropriate Bid Item and that the OWNER will not pay extra for work and/or materials which are ancillary or necessary to each Bid Item Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-2

21 6.01 BIDDER will complete the Work in accordance with the Contract Documents for the following prices: SEE ATTACHED BID SCHEDULE A. Unit Prices have been computed in accordance with paragraph B of the General Conditions. B. BIDDER acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents BIDDER agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement The following documents are attached to and made a condition of this Bid: A. Bid Form; B. A tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified in this Bid; C. Bid Schedule; D. Bid Bond (or Certified or Cashier's Check); and, E. Construction Contractor's Qualification Statement for Engineered Construction including Schedules A, B and C Communications concerning this Bid shall be addressed to: (Contractor's mailing address to be filled in by Bidder) The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on, 20. NV State Contractor License No. Class 2015 Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-3

22 If BIDDER is: An Individual Name (typed or printed) By (Individual's Signature) Doing business as: Business address: (SEAL) Phone No.: Fax No.: A Partnership Partnership Name By (Signature of General Partner attach evidence of authority to sign) Name (typed or printed): Business address: (SEAL) Phone No.: Fax No.: A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Attest: (Signature of Corporate Secretary) Business Address: (SEAL) (Corporate Seal) Phone No.: Date of Qualification to do business is Fax No.: 2015 Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-4

23 A Joint Venture Joint Venturer Name: By: (Signature of joint venturer partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business Address: (SEAL) Phone No.: Fax No.: Joint Venturer Name: By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business Address: (SEAL) Phone No.: Fax No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above) Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-5

24 LIST OF SUBCONTRACTORS (to be submitted with bid) The name and address of each subcontractor who will be paid at least 5 percent of the prime contractor's total bid shall be listed below. To be deemed a responsive bid, this form must be submitted even if no subcontractors are required to be listed. In that case, the bidder should state None (or similar language stating that no subcontractors need to be listed) in the space below. (Refer to Supplementary Condition 6.09.J) Name Address of Subcontractor Portion of Work 2015 Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-6

25

26 LIST OF SUBCONTRACTORS (to be submitted after bid opening) Within two hours after the completion of the opening of the bids, the general contractors who submitted the three lowest bids must provide a list of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which the subcontractor will be paid an amount exceeding one percent of the prime contractor's bid or $50,000, whichever is greater, and the number of the license issued to the subcontractor, pursuant to NRS chapter 624. If a general contractor fails to submit such a list within the required time, his bid shall be deemed not responsive. To be deemed a responsive bid, this form must be submitted even if no subcontractors are required to be listed. In that case, the bidder should state None (or similar language stating that no subcontractors need to be listed) in the space below. (Refer to Supplementary Condition 6.09.J.) Subcontractor/Address/Nevada License No. Dollar Value and Description of Work 2015 Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-8

27 PENAL SUM FORM BID BOND BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: (Words) (Figures) 2015 Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-9

28 IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause the Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER (Seal) Bidder s Name and Corporate Seal By: Signature and Title Attest: Signature and Title SURETY (Seal) Surety s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder s bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by OWNER, or 3.3 OWNER fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this bond will be due and payable upon default by Bidder and Within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by OWNER and Bidder, provided that the time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid due date Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-10

29 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term Bid as used herein includes a Bid, offer or proposal as applicable Hellwinkel Channel Project BID FORM Printed July 14, 2015 BF-11