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Specifications For 2022 Capital Road Improvements
BID #: CDT0080
ISSUED: 6/27/2022
OPENED: 12/8/2025
DUE: 7/1/2022
VALUE: TBD
55
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Executive Summary
The Township of Cranford, Union County, New Jersey is seeking sealed proposals for the 2022 Capital Road Improvements project. This project involves roadway improvements to various streets within the Township. The work encompasses HMA milling and paving, full depth pavement repair, accessible curb ramp construction, reconstruction of curbs and driveway aprons, installation of bicycle safe grates/eco curb pieces, striping and signage upgrades, and site restoration. All work must be completed within seventy-five (75) calendar days from the issuance of a Notice to Proceed. Contract documents are available electronically (PDF) or as paper copies for a non-refundable fee of $150.00.
Web Content
Kathleen Miller Prunty, Mayor Township Council Jason Gareis, Deputy Mayor/Commissioner Brian Andrews, Commissioner Gina Black, Commissioner Mary O’Connor, Commissioner Patricia Donahue, Township Clerk Jamie Cryan, Township Administrator Specifications For 2022 Capital Road Improvements Township 1 MB
Document Text
--- Document: Specifications For 2022 Capital Road Improvements Document ---
Kathleen Miller Prunty, Mayor
Township Council
Jason Gareis, Deputy Mayor/Commissioner
Brian Andrews, Commissioner
Gina Black, Commissioner
Mary O’Connor, Commissioner
Patricia Donahue, Township Clerk
Jamie Cryan, Township Administrator
Specifications For
2022 Capital Road Improvements
Township of Cranford, Union County, New Jersey
June 2022
Colliers Engineering & Design
400 Valley Road
Suite 304
Mt. Arlington, NJ 07856
Main: 877 627 3772
Colliersengineering.com
Prepared by:
CARL P. O’BRIEN, P.E., P.P., C.M.E., C.P.W.M.
New Jersey Professional Engineer
License No. 45154
Project No. CDT0080
State of N.J. Certificate of Authorization: 24GA27986500
i
TOWNSHIP OF CRANFORD
UNION COUNTY
NEW JERSEY
2022 CAPITAL ROAD IMPROVEMENTS
Table of Contents
Description
Page
Table of Contents................................................................................................................................................i
Notice to Bidders........................................................................................................................NTB-1 – NTB-2
Bid Proposal ...................................................................................................................................BP-1 – BP-29
Form of Contract.............................................................................................................................FC-1 - FC-24
Instructions to Bidders....................................................................................................................IB-1 – IB-24
General Conditions.......................................................................................................................GC-1 – GC-71
Supplementary Conditions .............................................................................................................SC-1 – SC-6
Standard Specifications...............................................................................................................................SS-1
Special Provisions...........................................................................................................................SP-1 – SP-30
Wage Rates..........................................................................................................................................W-1 – W-2
Notice to Bidders
NTB 1 | 2
Notice is hereby given that sealed proposals will be received by the Township of Cranford, Union
County, New Jersey (the “Owner”) for 2022 Capital Road Improvements project and be opened and
read in public at the Township of Cranford, Municipal Building, 8 Springfield Avenue, Cranford, NJ
07016 on Friday, July 1, 2022, 10:00 AM prevailing time.
The Project consists of roadway improvements to various streets in the Township of Cranford as
delineated on the Construction Plans. More specifically, work shall include HMA milling and paving,
full depth pavement repair, construction of accessible curb ramps, reconstruction of curbs and
driveway aprons, installation of bicycle safe grates/eco curb pieces, striping and signage upgrades,
site restoration and all other improvements depicted within the Bid Documents. All work on this
contract must be completed within seventy-five (75) calendar days from issuance of a Notice to
Proceed.
Contract documents and drawings for the proposed work (the “Contract Documents”, which have
been prepared by Carl P. O’Brien, P.E., of the firm Colliers Engineering & Design Inc. (DBA Maser
Consulting), are available electronically or via delivery by common carrier by making a request to
mary.tappen@colliersengineering.com and jacqueline.dirmann@colliersengineering.com and will be
on file at the below date in the Township of Cranford, Municipal Building, 8 Springfield Avenue,
Cranford, NJ 07016.
Bidders will be furnished with a copy of the Contract Documents by request upon proper notice to
the above e-mail addresses. In the e-mail message, the contractor shall indicate if they request an
electronic copy (PDF format) or paper copy. Electronic copies will be provided via e-mail at no
charge. Paper copies will be provided after a non-refundable charge of $150.00 payable to Colliers
Engineering & Design Inc. (DBA Maser Consulting) is received. Send payment to 400 Valley Road,
Suite 304, Mount Arlington, New Jersey, 07856. Paper copies will be sent via UPS or Fedex if the
contractor provides UPS or Fedex account information to defray the cost of this shipping method.
Otherwise, paper copies will be sent via USPS.
All bids shall be addressed to Patricia Donahue, c/o 2022 Capital Road Improvements project,
Township Clerk, Township of Cranford, 8 Springfield Avenue, Cranford, NJ 07016.
The Contract Documents will be available during business hours beginning on Thursday, June 16,
2022.
Proposals must be made on the standard proposal forms included with the Contract Documents in
the manner designated in the Contract Documents, must be enclosed in sealed envelopes bearing
the name and address of the bidder and the name of the project on the outside and be addressed
to the Township of Cranford, and must be accompanied by a statement of consent of surety from a
surety company authorized to do business in the State of New Jersey and acceptable to the Owner
and either a bid bond or a certified check drawn to the order of Township of Cranford for not less
than ten percent (10%) of the amount bid, except that the check shall not exceed $20,000.00. The
successful bidder is hereby notified that a performance bond and labor and material (payment)
bond for the full amount of this project is required.
The award of the Contract for this project will not be made until the necessary funds have been
provided by the Owner in a lawful manner.
NTB 2 | 2
Proposals for this contract will only be accepted from bidders who have properly qualified in
accordance with the requirements of the Contract Documents.
The right is also reserved to reject any or all bids or to waive any informalities where such
informality is not detrimental to the best interest of the Owner, except as to those items which are
deemed mandatory and non-waivable set forth in N.J.S.A. 40A:11-23.2. Further, the Owner reserves
the right to abandon the project and reject the bids entirely if any legal or state or federal
administrative action is taken against the Owner which could delay or jeopardize the project from
commencing. The right is also reserved to increase or decrease the quantities specified in the
manner designated in the Specifications.
The successful bidder shall be required to comply with all applicable statutory and regulatory
requirements, which include but are not limited to the affirmative action requirements of P.L. 1975,
c. 127, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.
Bidders will be required to comply with the public disclosure provisions of N.J.S.A. 52:25-24.2.
By order of the Township of Cranford, Union County, New Jersey
Kathleen Miller Prunty, Mayor
Jamie Cryan, Township Administrator
Patricia Donahue, Township Clerk
Bid Proposal
BP 1 | 29
Bid Document Submission Checklist
Township of Cranford, Union County, New Jersey
(Name of Local Contracting Unit)
2022 Capital Road Improvements
CDT0080
(Name of Construction/Public Works Project)
(Project or Bid Number)
A.
Failure to submit the following documents shall be cause for the bid to be rejected.
(N.J.S.A. 40A:11-23.2)
Required with
Submission of Bid
(Owners Checkmarks
Initial Each Item
Submitted with Bid
(Bidder’s initials
X
A guarantee to accompany the bid, pursuant to N.J.S.A. 40A:11-21.
X
A certificate from a surety company, pursuant to N.J.S.A. 40A:11-22.
X
A statement of corporate ownership, pursuant to N.J.S.A. 52:25-24.2 (must be notarized).
X
A listing of subcontractors, pursuant to N.J.S.A. 40A:11-16.
X
Bidder’s acknowledgment of receipt of any notice or revisions or addenda to the advertisement
or bid documents.
B.
Failure to submit the following documents may be cause for the bid to be rejected.
(N.J.S.A. 40A:11-23.1(b.))
Required with
Submission of Bid
(Owner’s checkmarks)
Initial Each Item
Submitted with Bid
(Bidder’s initials)
Required with
Submission of Bid
(Owner’s checkmarks
Initial Each Item
Submitted with Bid
(Bidder’s initials)
X
Bid proposal form.
X
Consent of surety as to maintenance bond,
pursuant to N.J.S.A. 40A:11-16.3.
X
Consent of surety as to labor and
material payment bond.
X
Non-collusion affidavit (must be notarized).
X
Experience statement.
X
Bidders to visit site.
X
Subcontractor experience statement(s).
X
Equipment certification.
X
Notice of federally mandated anti-
drug/alcohol plan.
X
Disclosure of investment activities in Iran,
pursuant to N.J.S.A. 40A:11-2.1. *
X
Proof of business registration (business
registration certificate). *
X
Proof of public works contractor
registration (public works contractor
registration certificate). *
X
Evidence of affirmative action
compliance. *
Financial statement prepared within the last
12 months.
*Statutorily allowed to be provided with bid OR prior to execution of contract.
BP 2 | 29
Bid Proposal
BY:
(Bidder’s Name)
(Bidder’s Address)
To The:
MAYOR AND COUNCIL
(Owner’s Name)
Township of Cranford, Union County, New Jersey
For:
2022 Capital Road Improvements
The UNDERSIGNED, as bidder, declares that the only persons or parties interested in this proposal
as principals are named herein; that this proposal is in all respects complete, truthful, fair, and
without collusion or fraud; that no officer or employee of the OWNER is directly or indirectly
interested in this bid or the work of this contract or in any portions of the profits thereof; that he has
carefully examined the annexed proposed Form(s) of Contract(s) and Instructions to Bidders, the
Notice to Bidders, the Special Provisions, and the General Conditions; and that he proposes and
agrees that if this proposal is accepted, he will contract with the OWNER, in the form of contract
hereto annexed, and to provide the necessary machinery, tools, apparatus, and other means of
construction and to furnish all the materials, equipment, and labor as specified in the contract in the
manner and time therein specified, and according to the requirements of the Engineer as therein set
forth, and that he will take in full payment therefore the following prices to wit:
NOTE: Complete and submit the loose, unbound copy of this Bid Proposal only.
BASE BID - 2022 CAPITAL ROAD IMPROVEMENTS
ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
EXTENDED PRICE
1
INLET FILTER, TYPE 2, 2' X 4'
UNIT
62
2
BREAKAWAY BARRICADE
UNIT
25
3
DRUM
UNIT
50
4
TRAFFIC CONE
UNIT
100
5
CONSTRUCTION SIGNS
SF
250
6
POLICE TRAFFIC DIRECTORS
HOUR
230
$98.00
$22,540.00
7
FUEL PRICE ADJUSTMENT
DOLLAR
1300
$1.00
$1,300.00
8
ASPHALT PRICE ADJUSTMENT
DOLLAR
2100
$1.00
$2,100.00
9
CLEARING SITE
LS
1
10
HMA MILLING, 3" OR LESS
SY
36482
11
HOT MIX ASPHALT PAVEMENT REPAIR
SY
753
12
TACK COAT
GAL
4982
13
HOT MIX ASPHALT 9.5M64 SURFACE COURSE
TON
4982
THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY
TO COMPLETE IN EVERY DETAIL THE WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.
PROPOSAL FOR
2022 CAPITAL ROAD IMPROVEMENTS
TOWNSHIP OF CRANFORD
UNION COUNTY, NEW JERSEY
INITIAL:
COMPANY SUBMITTING BID:
BP-3
BASE BID - 2022 CAPITAL ROAD IMPROVEMENTS
ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
EXTENDED PRICE
THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY
TO COMPLETE IN EVERY DETAIL THE WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.
PROPOSAL FOR
2022 CAPITAL ROAD IMPROVEMENTS
TOWNSHIP OF CRANFORD
UNION COUNTY, NEW JERSEY
14
FULL DEPTH CONCRETE PAVEMENT REPAIR, HMA
SY
238
15
BICYCLE SAFE GRATE (PHASE II STORMWATER COMPLIANT GRATE)
UNIT
7
16
CURB PIECE (NJDEP TYPE 'N' ECO)
UNIT
16
17
REPAIR INTERIOR OF DRAINAGE STRUCTURE
UNIT
30
18
HOT MIX ASPHALT SIDEWALK, 2" THICK
SY
66
19
CONCRETE SIDEWALK, 4" THICK
SY
407
20
HOT MIX ASPHALT DRIVEWAY, 2" THICK
SY
444
21
CONCRETE DRIVEWAY, REINFORCED, 6" THICK
SY
66
22
DETECTABLE WARNING SURFACE
SY
20
23
9" X 18" CONCRETE VERTICAL CURB
LF
828
24
BELGIAN BLOCK CURB
LF
256
25
TRAFFIC STRIPES, 4"
LF
1114
26
TRAFFIC MARKING LINES, 6"
LF
477
INITIAL:
COMPANY SUBMITTING BID:
BP-4
BASE BID - 2022 CAPITAL ROAD IMPROVEMENTS
ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
EXTENDED PRICE
THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY
TO COMPLETE IN EVERY DETAIL THE WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.
PROPOSAL FOR
2022 CAPITAL ROAD IMPROVEMENTS
TOWNSHIP OF CRANFORD
UNION COUNTY, NEW JERSEY
27
TRAFFIC MARKING LINES, 8"
LF
71
28
TRAFFIC MARKING LINES, 12"
LF
452
29
TRAFFIC MARKING LINES, 24"
LF
50
30
REGULATORY AND WARNING SIGNS
SF
28
31
RESET MANHOLE, SANITARY SEWER, USING EXISTING CASTING
UNIT
6
32
RESET MANHOLE, SANITARY SEWER, USING NEW CASTING
UNIT
3
33
TOPSOIL SPREADING, 4" THICK
SY
245
34
FERTILIZING AND SEEDING, TYPE ERNMX-106
SY
245
35
STRAW MULCHING
SY
245
TOTAL BASE BID PRICE
WRITE TOTAL AMOUNT OF BASE BID
COMPANY NAME SUBMITTING BID
AUTHORIZED OFFICIAL PRINT NAME
AUTHORIZED OFFICIAL SIGNATURE
$
$
INITIAL:
COMPANY SUBMITTING BID:
BP-5
BASE BID - 2022 CAPITAL ROAD IMPROVEMENTS
THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY
TO COMPLETE IN EVERY DETAIL THE WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.
PROPOSAL FOR
2022 CAPITAL ROAD IMPROVEMENTS
TOWNSHIP OF CRANFORD
UNION COUNTY, NEW JERSEY
TOTAL BASE BID PRICE
WRITE TOTAL AMOUNT OF BASE BID
COMPANY NAME SUBMITTING BID
AUTHORIZED OFFICIAL PRINT NAME
AUTHORIZED OFFICIAL SIGNATURE
BID SCENARIOS
$
$
INITIAL:
COMPANY SUBMITTING BID:
BP-6
BP 7 | 29
Basis of Award
Township of Cranford, Union County, New Jersey
(Name of Local Contracting Unit)
2022 Capital Road Improvements
CDT0080
(Name of Construction/Public Works Project)
(Project or Bid Number)
Refer to “Instructions to Bidders – Section VIII. Method of Contract Award” for further information.
Accompanying this Proposal is a Consent of Surety and a Bid Guarantee, in the form of a Bid Bond
( ), a Certified or Cashier’s Check ( ), payable to the order of the
in the sum of
Dollars ($
),
which the undersigned agrees is to be forfeited as liquidated damages, and not as a penalty, if the
Contract is awarded to the undersigned and the undersigned shall fail to execute the Contract for
the project or to furnish the Bond required within the stipulated time, otherwise, the check will be
returned to the undersigned.
The undersigned is an individual ( ), a corporation ( ), a partnership ( ), a limited liability company ( ),
under the laws of the State of
,
having principal offices at
Telephone Number:
Trade Name of Bidder:
1.
Signed By:
Signature
Title:
2.
Signed By:
Signature
Title:
Signed this __________ day of ____________________, 20______.
BP 8 | 29
NOTE: Bids by partnerships and limited liability companies must furnish the full name of all partners
or members and must be signed in the partnership or limited liability company name by one of the
members of the partnership or limited liability company or by an authorized representative,
followed by the signature and designation of the person signing. Bids by corporations must be
signed in the legal name of the corporation, followed by the name of the State in which incorporated
and must contain the signature and designation of the president, secretary, or other person
authorized to bind the corporation in the matter. Bids by sole proprietorships must be signed by
the proprietor. When requested, satisfactory evidence of the authority of the officer signing must be
furnished. Proposals signed by an agent must be accompanied by a power-of-attorney for the
principal or principals involved. Attach additional signature sheets in the above form, if necessary.
BP 9 | 29
Acknowledgement of Receipt of Changes to Bid Documents Form
Township of Cranford, Union County, New Jersey
(Name of Local Contracting Unit)
2022 Capital Road Improvements
CDT0080
(Name of Construction/Public Works Project)
(Project or Bid Number
This form must be submitted whether or not addenda were issued.
Pursuant to N.J.S.A. 40A:11-23.1(a), the undersigned bidder hereby acknowledges receipt of the
following notices, revisions, or addenda to the bid advertisement, specifications, or bid documents.
By indicating date of receipt, the bidder acknowledges the submitted bid takes into account the
provisions of the notice, revision, or addendum. Note that the local unit’s record of notice to bidders
shall take precedence and that failure to include provisions of changes in a bid proposal may be
subject for rejection of the bid.
Local Unit Reference Number
(or Title of Addendum/Revision)
How Received
(mail, fax, pick-up, etc.)
Date Received
Acknowledgement by bidder:
Name of Bidder:
By Authorized Representative:
Signature:
Printed Name and Title:
Date:
BP 10 | 29
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ___________________________________,
as Principal, and _______________________________, as Surety, is hereby held and firmly bound unto
Township of Cranford, Union County, New Jersey, as Owner, in the Penal Sum of
_________________________ ($____________________) for the payment of which, well and truly to be made,
we hereby jointly and severally bind ourselves, successors and assigns.
Signed this ______ day of ____________________, 20______.
The condition of the above obligation is such that whereas the Principal has submitted to Township
of Cranford, Union County, New Jersey a certain bid, attached hereto and hereby made a part of
hereof, to enter into a contract in writing for 2022 Capital Road Improvements.
NOW, THEREFORE,
A.
If said bid shall be rejected or in the alternative,
B.
If said bid shall be accepted and the Principal shall execute and deliver a contract properly
completed in accordance with said bid and shall furnish a bond for his faithful performance of
said contract, and for the payment of all persons performing labor or furnishing materials in the
connection therewith, and shall in all other respects perform the agreement created by the
acceptance of said bid,
Then this obligation shall be void, otherwise the same shall remain in full force and effect; it being
expressly understood and agreed that the liability of the surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its bond shall be in no way impaired or affected by any extension of the time within which the
Owner may accept such bid; and Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above.
Principal
By:
Witness
Surety
Attorney-in-fact
By:
Witness
BP 11 | 29
Consent of Surety
In consideration of the premises and of One Dollar ($1.00), lawful money of the United States, it is in
hand paid by the CONTRACTOR, the receipt whereof is hereby acknowledged, the undersigned
surety consents and agrees that if the contract, for which the preceding estimate and proposal is
made, be awarded to the person or persons submitting the same as contracted, it will become
bound as surety and guarantor for its faithful performance, in an amount equal to one hundred
percent (100%) of the contract price, and will execute it as party of the third part thereto when
required to do so by the OWNER, and if the said CONTRACTOR shall omit or refuse to execute such
contract, if so awarded, it will pay without proof of notice and on demand to the OWNER any
increase between the sum to which the said CONTRACTOR would have been entitled upon the
completion of the said contract and the sum which the said OWNER may be obligated to pay to
another contractor to whom the contract may be afterwards awarded, the amount in such case to
be determined by the bids plus the cost, if any, of re-advertising for bids for this work, less the
amount of any certified check or bid bond payable and received.
In witness whereof, said surety has caused these presents to be signed and attested by a duly
authorized officer and its corporate seal to be hereto affixed this
______ day of ____________________, 20____.
(A corporate acknowledgement and statement of authority is hereby attached by the surety
company.)
Surety Company
By:
Surety Company
Attorney-in-Fact
Attest:
(Surety may substitute a similar statement subject to the OWNER’S approval.)
BP 12 | 29
Statement of Ownership Disclosure
(N.J.S.A. 52:25-24.2)
This statement shall be included with all bid and proposal submissions.
Name of Business:
Address of Business:
Name of Person Completing This Form:
N.J.S.A. 52:25-24.2:
“No corporation , partnership, or limited liability company shall be awarded any
contract nor shall any agreement be entered into for the performance of any work or
the furnishing of any materials or supplies, the cost of which is to be paid with or out
of any public funds, by the State, or any county, municipality or school district, or any
subsidiary or agency of the State, or of any county, municipality or school district, or
by any authority, board, or commission which exercises governmental functions,
unless prior to the receipt of the bid or accompanying the bid, of said corporation ,
said partnership, or said limited liability company there is submitted a statement
setting forth the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the
partnership who own a 10 percent or greater interest therein, or of all members in
the limited liability company who own a 10 percent or greater interest therein, as the
case may be. If one or more such stockholder or partner or member is itself a
corporation or partnership or limited liability company, the stockholders holding 10
percent or more of that corporation's stock, or the individual partners owning 10
percent or greater interest in that partnership, or the members owning 10 percent or
greater interest in that limited liability company, as the case may be, shall also be
listed. The disclosure shall be continued until names and addresses of every
noncorporate stockholder, and individual partner, and member, exceeding the 10
percent ownership criteria established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which is
publicly traded may submit the name and address of each publicly traded entity and
the name and address of each person that holds a 10 percent or greater beneficial
interest in the publicly traded entity as of the last annual filing with the federal
Securities and Exchange Commission or the foreign equivalent, and, if there is any
person that holds a 10 percent or greater beneficial interest, also shall submit links
to the websites containing the last annual filings with the federal Securities and
Exchange Commission or the foreign equivalent and the relevant page numbers of
the filings that contain the information on each person that holds a 10 percent or
greater beneficial interest.”
BP 13 | 29
The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to
corporations and partnerships, apply to limited partnerships, limited liability partnerships, and
Subchapter S corporations.
This Ownership Disclosure Certification form shall be completed, signed, and notarized.
Failure of the bidder/proposer to submit the required information is cause for automatic
rejection of the bid or proposal
Part I
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, sign and notarize at the end)
Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)
Partnership
Limited Partnership
Limited Liability Partnership
Limited Liability Company
For-profit Corporation (including Subchapters C and S or Professional Corporation)
Other (be specific):
Part II
I certify that the list below contains the names and addresses of all stockholders in the
corporation who own ten (10) percent or more of its stock, of any class, or of all individual
partners in the partnership who own a ten (10) percent or greater interest therein, or of all
members in the limited liability company who own a ten (10) percent or greater interest
therein, as the case may be.
Or
I certify that no one stockholder in the corporation owns ten (10) percent or more of its stock,
of any class, or no individual partner in the partnership owns a ten (10) percent or greater
interest therein, or that no member in the limited liability company owns a ten (10) percent or
greater interest therein, as the case may be.
Sign and notarize the form below and, if necessary, complete the list below.
(Please attach additional sheets if more space is needed.):
BP 14 | 29
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
Name:
Name:
Address:
Address:
BP 15 | 29
Part III – Any Direct or Indirect Parent Entity which is Publicly Traded:
“To comply with this section, a bidder with any direct or indirect parent entity which is publicly
traded may submit the name and address of each publicly traded entity and the name and
address of each person that holds a 10 percent or greater beneficial interest in the publicly
traded entity as of the last annual filing with the federal Securities and Exchange Commission
or the foreign equivalent, and, if there is any person that holds a 10 percent or greater
beneficial interest, also shall submit links to the websites containing the last annual filings with
the federal Securities and Exchange Commission or the foreign equivalent and the relevant
page numbers of the filings that contain the information on each person that holds a 10
percent or greater beneficial interest.”
Pages attached with name and address of each publicly traded entity as well as the name and
address of each person that holds a ten (10) percent or greater beneficial interest.
Or
Submit here the links to the Websites (URLs) containing the last annual filings with the federal
Securities and Exchange Commission or the foreign equivalent.
And
Submit here the relevant page numbers of the filings containing the information on each
person holding a ten (10) percent or greater beneficial interest.
BP 16 | 29
Part IV – Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am
authorized to execute this certification on behalf of the bidder/proposer; that the OWNER is relying
on the information contained herein; and that I am under a continuing obligation from the date of
this certification through the completion of any contracts with the OWNER to notify the OWNER in
writing of any changes to the information contained herein; that I am aware that it is a criminal
offense to make a false statement or misrepresentation in this certification, and if I do so, I am
subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the OWNER, permitting the OWNER to declare any contract(s) resulting from this
certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Subscribed and sworn to
before me this ______ day of
____________________, 20____.
Notary Public of New Jersey
My Commission Expires
______________________________ 20____.
BP 17 | 29
Non-Collusion Affidavit
STATE OF NEW JERSEY
)
) ss:
COUNTY OF
)
I,
, residing in
in the
County of
and the State of New Jersey, of full age, being duly
sworn according to law on my oath depose and say that:
I am
of the firm of
,
the bidder making the proposal for the bid entitled 2022 Capital Road Improvements, and that I
executed the said proposal with full authority so to do; that said bidder has not, directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action in restraint
of free, competitive bidding in connection with the above named project; and that all statements
contained in said proposal and in this affidavit are true and correct, and made with full knowledge
that the Township of Cranford, Union County, New Jersey relies upon the truth of the statements
contained in said proposal and in the statements contained in this affidavit in awarding the contract
for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit or
secure such contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by said bidder.
Full Name (Print):
Title:
Signature:
Date:
Subscribed and sworn to
before me this ______ day of
____________________, 20____.
Notary Public of New Jersey
My Commission Expires
______________________________ 20____.
BP 18 | 29
Experience Statement
The Bidder shall furnish with the proposal a recent listing of similar type projects on which he
has performed work (5 minimum).
Approximate
Value
1. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
2. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
3. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
4. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
BP 19 | 29
Experience Statement
5. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
6. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
7. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
8. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
Attach additional sheets in this format if necessary or contractor supplied forms containing
substantially similar information.
BP 20 | 29
Bidders to Visit Site
All bidders or their representative(s) are strongly encouraged to visit the site of the work of this
contract and examine the means of access to the site. Bidders are strongly encouraged to
thoroughly investigate the site of the proposed work in order to become informed as to the
magnitude and character of all work necessary for the complete execution of the contract, including
facilities for delivery and handling of materials, plant(s), if any at the site, and conditions and
difficulties that may be encountered in the performance of the work specified herein.
The Bidder shall attest by signing below that he has read and understands the above prior to the
submission of this proposal.
Date
Signature of Representative
Title
Bidder’s Name
BP 21 | 29
Proposed Subcontractors
Bidders must set forth the names of all proposed subcontractors to whom Bidder will
subcontract work.
Proposed Subcontractors
Address
1.
2.
3.
4.
5.
6.
7.
8.
BP 22 | 29
Subcontractor Experience Statement
The Bidder shall furnish with the proposal a recent listing of similar type projects on which
his proposed subcontractors have performed work (4 minimum).
Name of Subcontractor:
Approximate
Value
1. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
2. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
3. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
4. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
BP 23 | 29
Subcontractor Experience Statement
Name of Subcontractor:
Approximate
Value
5. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
6. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
7. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
8. Project Name/Owner:
$
Address:
Contact Person:
Phone Number:
Scope:
Attach additional sheets in this format if necessary or contractor supplied forms containing
substantially similar information.
BP 24 | 29
Equipment Certification
Instructions for Completing the Equipment Certification
If the Bidder owns, leases, or controls all the necessary equipment required, he shall complete Parts
1 and 3. Should the Bidder not own, lease, or control all the necessary equipment required, he shall
complete Parts 2 and 3. This certification must be attached to and submitted with the proposal.
Part 1
“This is to certify that I, the Bidder signing the attached proposal, own, lease, or control all the
necessary equipment required to accomplish the work shown and described on the Contract
Drawings and in the Contract Specifications.”
Date
Signature of Bidder
Part 2
“This is to certify that I, the undersigned, own or control the equipment required and noted below
and definitely grant or will grant the Bidder named below the control of said equipment during such
time as may be required for that portion of the work described on the Contract Drawings and in the
Contract Specifications for which said equipment is necessary.”
Date
Signature of Bidder
Controller of Equipment
Date
Business address of Above
Part 3
LIST OF EQUIPMENT
BP 25 | 29
Notice of Federally Mandated Anti-Drug/Alcohol Plan
The Contractor is advised that a Federal Mandate, effective January 1, 1996, requires all businesses
having employees with a commercial driver’s license to have a program of random drug and alcohol
testing in accordance with 49 CFR Parts 40, 199 and 391.
The successful bidder shall submit evidence that it is participating in a random drug and alcohol
testing program. Failure to show evidence of meeting these requirements shall be grounds to
render said bid as informal and cause its rejection.
Bidder’s Name:
Bidder’s Signature:
Date:
BP 26 | 29
Disclosure of Investment Activities in Iran
PART 1 – Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to N.J.S.A. 52:32-55 et seq., any person or entity that submits a bid or proposal or
otherwise proposes to enter into or renew a contract must, prior to the time a contract is awarded
and at the time the contract is renewed, complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is
identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in
investment activities in Iran. The Chapter 25 list is found on the Division’s website at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to
completing the below certification. Failure to complete the certification may render a bidder’s
proposal nonresponsive. If the Director finds a person or entity to be in violation of law, s/he shall
take action as may be appropriate and provided by law, rule or contract, including but not limited to,
imposing sanctions, seeking compliance, recovering damages, declaring the party in default and
seeking debarment or suspension of the party.
CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the
bidder’s parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list
of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25
(“Chapter 25 List”). I further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this certification on its
behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents,
subsidiaries, or affiliates is listed on the Department’s Chapter 25 list. I will provide a detailed,
accurate and precise description of the activities in Part 2 below sign and complete the
Certification below. Failure to provide such will result in the proposal being rendered as
nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided
by law.
Part 2 – Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN. You must
provide a detailed, accurate and precise description of the activities of the bidding person/entity, or
one of its parents, subsidiaries or affiliates, engaging in the investment activates in Iran on
additional sheets provided by you.
Part 3 – Certification
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am
authorized to execute this certification on behalf of the above-referenced person or entity. I
BP 27 | 29
acknowledge that the OWNER is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the
completion of any contracts with the OWNER to notify the OWNER in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense
to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I
am subject to criminal prosecution under the law and that it will also constitute a material breach of
my agreement(s) with the OWNER and that the OWNER at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Bidder’s Name:
Bidder’s Signature:
Date:
BP 28 | 29
Notice of Award
Description of Work
To:
The Owner, represented by the undersigned, has considered the Proposal submitted by you for the
above described work in response to its Notice and Instructions to Bidders dated
.
Since you are the apparent successful bidder, said Owner agrees to accept your Proposal in the
amount of
.
You are hereby notified that your Proposal has been accepted for items:
As specified in the Contract Documents,
.
You are required by the Notice and Instruction to Bidders to execute the formal contract with the
undersigned Owner and to furnish the required Contractor's Performance and Payment Bond within
twenty-one (21) calendar days from the date of this Notice to Award.
If you fail to execute said Contract and to furnish said bond in writing twenty-one (21) calendar days
from the date of this Notice of Award, said Owner will be entitled to consider all your rights arising
out of the Owner's acceptance of your Proposal as abandoned and to award the work covered by
your Proposal to another, or to re-advertise the work, or otherwise dispose thereof as the Owner
may see fit.
Dated this __________ day of ____________________, 20______.
Owner
By
Title: Mayor
BP 29 | 29
Notice to Proceed
To:
Date:
Project
You are hereby notified to commence work in accordance with the Agreement dated
____________________, 20_____, on or before ____________________, 20_____, and you are to complete the
work within seventy-five (75) consecutive calendar days thereafter. The date of completion of all
work is therefore ____________________, 20_____.
Also, before you may start any work at the site, you must:
Owner
By
Title: Mayor
ACCEPTANCE TO NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged by
Contractor
This the _____ day of
____________________, 20_____.
BY:
TITLE:
FORM OF CONTRACT
FC-1 of FC-16
AGREEMENT
THIS AGREEMENT, entered into this _______ day of
, 2022 between the
Township of Cranford, a municipal corporation of the State of New Jersey (hereinafter referred
to as the “Township”) having municipal offices located at the Municipal Building, 8 Springfield
Avenue, in the Township of Cranford, County of Union, State of New Jersey, and
______________________having an office located at _________________________________
(hereinafter referred to as the “Contractor”).
WITNESSETH:
WHEREAS, on ________________, 2022, the Township received _________ bids in
response to its advertisement for Bid Proposals for the 2022 Capital Road Improvements (the
“Project”); and
WHEREAS, the Contractor was the lowest responsible bidder for the Project with a low
bid price of $_________ (the “Contractor’s Bid Proposal”); and
WHEREAS, by Resolution No. 2022-XXX, the Township awarded the contract for the
Project to the Contractor; and
WHEREAS, the Chief Financial Officer has certified to the availability of funds which is
on file in the office of the Township Clerk; and
WHEREAS, the Township has authorized this written Agreement with the Contractor to
provide the aforementioned services to the Township in accordance with the compensation set
forth herein.
FC-2 of FC-16
NOW, THEREFORE, in mutual consideration of the covenants, obligations and
responsibilities set forth herein, it is agreed by and between the parties as follows:
1.
PARTS OF CONTRACT
The parties agree that the terms and conditions contained in the following documents
which comprise and are hereinafter called the Contract Documents are made part of this
Agreement and are binding on all parties as if all conditions contained in the Contract
Documents were set forth in this Agreement:
A.
This Agreement
B.
Township Resolution No. 2022- XXX
C.
Township’s Bid Packet for Bid Proposal for this Project, including without
limitation, the Notice to Bidders, Instructions to Bidders, General
Conditions, Special Provisions and Supplementary Special Provisions
(collectively, the “Bid Specifications”)
D.
Contractor’s Bid Proposal
In the event that any provision in one of the Contract Documents conflicts with the
provisions of another of the Contract Documents, the provisions in the document first listed
above shall govern, unless otherwise expressly stated herein.
2.
CONTRACT TERM
This Agreement shall be effective from the time of execution until such time as the work
contemplated herein is completed.
FC-3 of FC-16
3.
SERVICES TO BE RENDERED
The Contractor agrees to provide all necessary and proper services to timely complete the
Project in accordance with the terms set forth in the Bid Specifications and the Contractor’s Bid
Proposal relating to the Project. The Contractor declares and agrees that it will be responsible for
the full performance and completion of all work to be done under this Agreement and, by the
execution hereof, acknowledges that it has carefully informed itself regarding conditions
pertaining to the work to be done. The Contractor warrants and guarantees that all work will be
of good quality, free from faults and defects, and in conformance with the Contract Documents,
and any work not so conforming to these standards may be considered defective.
4.
LABOR AND MATERIALS
The Contractor shall provide and pay for all labor, materials, equipment, tools,
construction equipment and machinery, transportation, supplies, merchandise and all other
materials and services necessary for the full and proper performance of this Agreement and to
meet accepted standards. The Contractor shall supervise and direct all work performed pursuant
to this Agreement, utilizing the Contractor’s best skill and attention and shall be solely
responsible for all means, methods, techniques, sequences, and procedures and for coordinating
all portions of work under the Agreement. In addition, the Contractor shall, at all times, enforce
strict discipline and good order among its employees and shall not employ on the work any unfit
person or anyone not skilled in the task assigned to him.
5.
COMPLIANCE WITH ALL LAWS
A.
The Contractor shall keep itself fully informed of, and observe and comply
with, all federal, state, and local laws in any manner affecting those engaged or employed in the
FC-4 of FC-16
work and of all such orders and decrees from bodies having any jurisdiction or authority over the
same.
B.
The Contractor shall give all required notices and comply with all laws,
ordinances, rules, regulations and orders of any public authority bearing on the performance of
the work and shall notify the Township if the terms set forth herein are at variance therewith.
C.
The Contractor shall protect and indemnify the Township, its officers and
agents against any claim or liability arising from a violation of any law, regulation, ordinance,
order or decree.
D.
The Contractor shall abide by all terms, conditions and specifications set
forth in Bid Specifications and all requirements and standards as directed by the Township
Departments of Engineering and Public Works.
6.
RIGHTS OF THE TOWNSHIP
All work to be performed by Contractor under this Agreement shall be subject to the
inspection and approval by the Township Engineering and Public Works Superintendent.
7.
PAYMENT
The Township shall pay, and the Contractor shall accept in payment and in consideration
for the performance of the Contractor’s obligations hereunder, compensation for services
rendered pursuant to this Agreement in the amount not to exceed $__________.
FC-5 of FC-16
8.
INSURANCE
The Contractor shall maintain insurance and deliver certificates of insurance to the
Township in amounts which shall not be less than the following limits and as otherwise required
by the Township Engineer:
A. Workers’ compensation and disability benefits insurance as required by law.
B. Employer Liability insurance in the full statutory amount required by Law.
C.
Comprehensive General Liability for bodily injury, personal injury and
property damage, including damages from collapse, explosion, and
underground structures, if applicable, at a limit of not less than
$5,000,000.00 combined single limit for damages arising out of injury to
or destruction of property per occurrence with a total combined limit of
not less than $10,000,000 for both Bodily Injury Liability and Property
Damage Liability per incident, this insurance shall include the following:
1. Personal Injury Liability;
2. Blanket Contractual Liability applying to assumption of liability under
any written Contract;
3. Coverage for X, C, U, exposures, relating to excavation, blasting,
underground damage;
4. Broad Form Property Damage Liability;
5. Extended property damage insurance to cover damage to underground
wire, pipes, ducts, conduits, structures, and further to cover explosion
damage and damage due to collapse;
6. Products and or Completed Operations Liability; and
7. Pollution Liability Insurance.
D.
The Contractor shall purchase and maintain property insurance upon the
entire work at the site to the full insurance value thereof. This insurance
shall include the interest of the Township, and shall include the perils of
Fire, Extended Coverage and Vandalism and Malicious Mischief.
FC-6 of FC-16
E.
The Contractor will purchase in the name of the Township of Cranford,
New Jersey, an Owners Protective liability Policy with limits no less than
$1,000,000 and the Contractor shall deliver such policy to the Township
before the work begins.
F.
Comprehensive Automobile Liability applicable to all owned, non-owned
and hired vehicles at a limit of not less than $3,000,000.00 combined
single limit for bodily injury and property damage for each incident.
G.
Municipality and Contractor Protective Liability Insurance in a combined
single limit amount of not less than $3,000,000.00.
H.
Fire insurance and products insurance for equipment and stock in trade for
an amount not less than $100,000.00.
All of the Contractor’s insurance coverage shall contain a clause indemnifying and saving
harmless the Township, the County of Union, the Township Engineer and their respective
consultants, employees and agents from any and all liability of whatever nature arising from the
work to be performed under this Agreement, including attorney’s fees and costs in connection
with the defense of such claims. The Certificate of Insurance furnished by the Contractor shall
state specifically that the above indemnification is guaranteed by the policy. The policies shall
remain in force until all work has been completed. With the exception of Workers’
Compensation, all insurance policies shall name the Township as an additional insured. All
Certificates of Insurance shall include a thirty (30) day notice to the Township in the event of
any changes or cancellation which modify the coverage provided.
9.
INDEMNIFICATION
The Contractor shall defend, indemnify and hold harmless the Township and its agents
and employees from and against all claims, liabilities, damages, costs, losses, expenses,
including attorney’s fees, fines, penalties, suits, legal proceedings and any order entered therein,
which may arise out of or result from the performance of the work under this Agreement, which
is caused in whole or in part by the negligence, failure to act, gross negligence or willful
misconduct of the Contractor, any subcontractor, or anyone liable, regardless of whether or not it
is caused in part by a party indemnified hereunder. In any and all claims against the Township
FC-7 of FC-16
or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation under this paragraph shall not be limited in anyway by any
limitation on the amount of, type of damages, compensation or benefits payable by or for the
Contractor or any subcontractor or under workers’ compensation acts, disability benefit acts or
other employee benefit acts.
10.
WAIVER
Neither the inspection by the Township nor any of its agents, nor any order,
measurement, or certificate by the Township or its agent, nor any order by the Township for the
payment of money nor payment for, nor acceptance of, the whole nor any part of the work by the
Township, nor an extension of time, nor any possession taken by the Township or its employees,
shall operate as a waiver of any provisions of this Agreement or of any power herein reserved to
the Township, or any right to damages herein provided, nor shall any waiver of any breach of
this Agreement be held to be a waiver of any other or subsequent breach. Any remedy provided
for in this Agreement shall be taken and construed as cumulative; that is, in addition to each and
every other remedy herein provided, and in addition to all other suits, actions, or legal
proceedings, the Township shall also be entitled as of right to a writ of injunction against any
breach of any of the provisions of this Agreement.
11.
RESPONSIBILITY OF THE TOWNSHIP COMMITTEE
The Township Committee or its authorized agents or employees shall decide any and all
questions which may arise as to the quality and acceptability of work furnished and all questions
as to the acceptable fulfillment of the Agreement on the part of the Contractor. Any and all
FC-8 of FC-16
directions, communications and/or inquiries from the Township shall be made by the Township
Administrator or Township Public Works Superintendent or their respective, designees.
12.
AFFIRMATIVE ACTION COMPLIANCE
The Contractor agrees that, during the performance of this Agreement, the Contractor
will not discriminate against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex. The Contractor further agrees that it shall
comply in all respects with the provisions of N.J.S.A. 10:5-31, et seq., and the regulations
promulgated thereunder, the terms and conditions of which are set forth in the documentation
attached hereto as Exhibit B and expressly made a part hereof. The Contractor shall, within
seven (7) days after receipt of notification of intent to award this contract or receipt of the
Agreement, whichever is sooner, provide the Township with a letter of Federal Affirmative
Action Approval, a Certificate of Employee Information Report from the State of New Jersey, or
a completed Form AA201.
13.
SUCCESSORS AND ASSIGNS
This Agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the Township and the Contractor and their respective successors, assigns and legal
representatives. Neither the Township nor the Contractor shall have the right to assign, transfer,
or sublet its interests or obligations hereunder without prior written consent of the other party.
FC-9 of FC-16
14.
WRITTEN NOTICE
All notices, requests or other communications pursuant to this Agreement shall be in
writing and shall be sent pursuant to this Agreement by U.S. Mail, addressed as set forth above.
15.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties, and no amendment,
modification or addendum to this Agreement shall be effective unless in writing, dated
subsequent to the date hereof, and executed by the duly authorized officers of the respective
parties. The requirement for such a writing shall apply to any waiver of the requirement of a
written modification pursuant to this Section, and this shall be deemed an essential term of the
Agreement.
16.
VALIDITY
If any term or condition of this Agreement, or any application of this Agreement shall be
determined to be contrary to the laws of the State of New Jersey or the United States, then such
term or condition or application shall not be deemed valid except to the extent permitted by law,
but all other terms and conditions or applications shall continue in full force and effect. If any
term or provision of this Agreement shall conflict with any ten or provision contained in the Bid
Package for Bid Proposals, then the terms and provisions of this Agreement shall govern.
17.
GOVERNING LAW AND VENUES
This Agreement is governed by the Laws of the State of New Jersey and any dispute
arising under this Agreement shall be cognizable only in the Superior Court of New Jersey, Law
Division, Union County.
FC-10 of FC-16
18.
COUNTERPARTS
This Agreement may be executed in several counterparts and by facsimile signatures,
each of which shall be deemed an original but all of which shall constitute one and the same
instrument. Any Party executing by facsimile signature shall provide original copies as soon as
reasonably practicable.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the day and year first written above.
ATTEST:
TOWNSHIP OF CRANFORD
___________________________
________________________________
Patricia Donahue, Township Clerk
Kathleen Miller Prunty, Mayor
WITNESS:
By:
FC-11 of FC-16
STATE OF NEW JERSEY
)
) ss:
COUNTY OF UNION
)
BE IT REMEMBERED that on this _________day of _____________ 2022, before me, the
subscriber, personally appeared _____________, who, being duly sworn on his oath, did depose
and make proof to my satisfaction that he is the Owner and authorized representative of the
Company named herein and that he executed the within instrument as the voluntary and
authorized act and deed of the Company, for the uses and purposes therein expressed.
____________________________________
A Notary Public of the State of New Jersey
My Commission Expires on:
FC-12 of FC-16
STATE OF NEW JERSEY
)
) ss:
COUNTY OF UNION
)
BE IT REMEMBERED that on this _______ day of ________________ 2022, before
me, the subscriber, personally appeared Tara Rowley, who, being duly sworn on her oath, did
depose and make proof to my satisfaction that she is the Township Clerk of the Township of
Cranford, the municipal corporation named in the within instrument, that Andis Kalnins is the
Mayor of the Township of Cranford, that the execution as well as the making of this instrument
has been duly authorized by the Township Committee; that the seal of said municipal corporation
is well known to deponent and that the seal affixed to said instrument is such corporate seal and
was thereto affixed to said instrument, signed and delivered by said Mayor as and for his
voluntary act and deed and as and for the voluntary act and deed of said municipal corporation,
in the presence of deponent, who, thereupon subscribed her name as attesting witness.
____________________________________
A Notary Public of the State of New Jersey
My Commission Expires on:
FC-13 of FC-16
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with
respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure
that equal employment opportunity is afforded to such applicants in recruitment and employment, and
that employees are treated during employment, without regard to their age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,
nationality or sex. Such equal employment opportunity shall include, but not be limited to the following:
employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth
provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by
the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and
the Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to
make good faith efforts to employ minority and women workers in each construction trade consistent with
the targeted employment goal prescribed by N.J.A.C. 17:27-7.2; provided, however, that the Dept. of
LWD, Construction EEO Monitoring Program may, in its discretion, exempt a contractor or subcontractor
from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as
long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or
subcontractor is employing workers provided by a union which provides evidence, in accordance with
standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program, that its percentage of
active "card carrying" members who are minority and women workers is equal to or greater than the
targeted employment goal established in accordance with N.J.A.C. 17:27-7.2.
FC-14 of FC-16
EXHIBIT A (Cont)
The contractor or subcontractor agrees that a good faith effort shall include compliance with the following
procedures:
(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three business days of the contract award,
seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its
affirmative action obligations under this contract and in accordance with the rules promulgated by the
Treasurer pursuant to N.J.S.A. I 0:5-31 et. seq., as supplemented and amended from time to time and the
Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances
from the construction trade union at least five business days prior to the commencement of construction
work, the contractor or subcontractor agrees to afford equal employment opportunities minority and
women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior
experience with a construction trade union, regardless of whether the union has provided said assurances,
indicates a significant possibility that the trade union will not refer sufficient minority and women
workers consistent with affording equal employment opportunities as specified in this chapter, the
contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women
workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures
prescribed under (B) below; and the contractor or subcontractor further agrees to take said action
immediately if it determines that the union is not referring minority and women workers consistent with
the equal employment opportunity goals set forth in this chapter.
(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each
construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral
agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to
take the following actions:
1. To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring
Program, and minority and women referral organizations listed by the Division pursuant to
N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;
2.To notify any minority and women workers who have been listed with it as awaiting available
vacancies;
3.Prior to commencement of work, to request that the local construction trade union refer minority
and women workers to fill job openings, provided the contractor or subcontractor has a referral
agreement or arrangement with a union for the construction trade;
4.To leave standing requests for additional referral to minority and women workers with the local
construction trade union, provided the contractor or subcontractor has a referral agreement or
arrangement with a union for the construction trade, the State Training and Employment Service
and other approved referral sources in the area;
5.If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs
shall be conducted in compliance with the equal employment opportunity and non-discrimination
standards set forth in this regulation, as well as with applicable Federal and State court decisions;
FC-15 of FC-16
EXHIBIT A (Cont)
6.To adhere to the following procedure when minority and women workers apply or are referred to
the contractor or subcontractor:
i.
If said individuals have never previously received any document or certification signifying
a level of qualification lower than that required in order to perform the work of the
construction trade, the contractor or subcontractor shall in good faith determine the
qualifications of such individuals. The contractor or subcontractor shall hire or schedule
those individuals who satisfy appropriate qualification standards in conformity with the
equal employment opportunity and non-discrimination principles set forth in this chapter.
However, a contractor or subcontractor shall determine that the individual at least
possesses the requisite skills, and experience recognized by a union, apprentice program
or a referral agency, provided the referral agency is acceptable to the Dept. of LWD,
Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall
hire or schedule minority and women workers who qualify as trainees pursuant to these
rules. All of the requirements, however, are limited by the provisions of (C) below.
ii.
The name of any interested women or minority individual shall be maintained on a
waiting list, and shall be considered for employment as described in (i) above, whenever
vacancies occur. At the request of the Dept. of LWD, Construction EEO Monitoring
Program, the contractor or subcontractor shall provide evidence of its good faith efforts to
employ women and minorities from the list to fill vacancies.
iii.
If, for any reason, said contractor or subcontractor determines that a minority individual
or a woman is not qualified or if the individual qualifies as an advanced trainee or
apprentice, the contractor or subcontractor shall inform the individual in writing of the
reasons for the determination, maintain a copy of the determination in its files, and send a
copy to the public agency compliance officer and to the Division.
7.To keep a complete and accurate record of all requests made for the referral of workers in any
trade covered by the contract, on forms made available by the Dept. of LWD, Construction EEO
Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO
Monitoring Program upon request.
(C)The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor
or subcontractor from complying with the union hiring hall or apprenticeship policies in any
applicable collective bargaining agreement or w1ion hiring hall arrangement, and, where required by
custom or agreement, it shall send journeymen and trainees to the union for referral, or to the
apprenticeship program for admission, pursuant to such agreement or arrangement. However, where
the practices of a union or apprenticeship program will result in the exclusion of minorities and
women or the failure to refer minorities and women consistent with the targeted county employment
goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B)
above without regard to such agreement or arrangement; provided further, however, that the
contractor or subcontractor shall not be required to employ women and minority advanced trainees
and trainees in numbers which result in the employment of advanced trainees and trainees as a
percentage of the total workforce for the construction trade, which percentage significantly exceeds
the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or
in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the
area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing
the procedures of (B) above, it shall, where applicable, employ minority and women workers residing
within the geographical jurisdiction of the union
FC-16 of FC-16
EXHIBIT A (Cont)
After notification of award, but prior to signing a construction contract, the contractor shall submit to the
public agency compliance officer and the Division an initial project workforce report (Form AA201) provided
to the public agency by the Division for distribution to and completion by the contractor, in accordance
with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report
once a month thereafter for the duration of this contract to the Division and to the public agency
compliance officer.
The Contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is
necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.
(D)
The contractor and its subcontractors shall furnish such reports or other documents to the Division
of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division
from time to time in order to carry out the purposes of these regulations, and public agencies shall
furnish such information as may be requested by the Division of Public Contracts Equal Opportunity
Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27.
Instructions to Bidders
IB 1 | 24
Instructions to Bidders and Statutory Requirements
I.
Submission of Bids
A.
Sealed bids shall be received by the contracting unit, hereinafter referred to as “Owner,” in
accordance with public advertisement as required by law, with a copy of said notice being
attached hereto and made a part of these specifications.
B.
Sealed bids will be received by the designated representative at the time and location
designated in the Notice to Bidders, and at such time and place will be publicly opened and read
aloud.
C.
The bid shall be submitted in a sealed envelope: (1) addressed to the Owner, (2) bearing the
name and address of the bidder written on the face of the envelope, and (3) clearly marked
"BID" with the contract title and/or bid # of the contract being bid. The bidder shall include one
original and one copy of its proposal in its bid submission.
D.
It is the bidder’s responsibility that bids are presented to the Owner at the time and at the place
designated. Bids may be hand delivered or mailed; however, the Owner disclaims any
responsibility for bids forwarded by regular or overnight mail. If the bid is sent by express mail
service, the designation in sub-section C, above, must also appear on the outside of the express
mail envelope. Bids received after the designated time and date will be returned unopened.
E.
Sealed bids forwarded to the Owner before the time of opening of bids may be withdrawn upon
written application of the bidder who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the bid. Once bids have been
opened, they shall remain firm for a period of sixty (60) calendar days.
F.
More than one bid from an individual, a firm or partnership, a corporation or association under
the same names shall not be considered.
G.
All prices and amounts must be written in ink or preferably machine-printed. Bids containing
any conditions, omissions, unexplained erasures or alterations, items not called for in the bid
proposal form, attachment of additive information not required by the specifications, or
irregularities of any kind, may be rejected by the Owner. Any changes, whiteouts, strikeouts, etc.
in the bid must be initialed in ink by the person signing the bid.
H.
Each bid proposal form must give the full business address, business phone, fax, e-mail if
available, the contact person of the bidder, and be signed by an authorized representative as
follows:
Bids by partnerships and limited liability companies must furnish the full name of all
partners or members and must be signed in the partnership or limited liability company
name by one of the members of the partnership or limited liability company or by an
authorized representative, followed by the signature and designation of the person
signing.
IB 2 | 24
Bids by corporations must be signed in the legal name of the corporation, followed by the
name of the State in which incorporated and must contain the signature and designation
of the president, secretary or other person authorized to bind the corporation in the
matter.
Bids by sole-proprietorship shall be signed by the proprietor.
When requested, satisfactory evidence of the authority of the officer signing shall be
furnished.
I.
Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a
serious crime for the bidder to knowingly submit a false claim and/or knowingly make
material misrepresentation.
N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant
directly or indirectly solicits or receives a benefit for an official act performed or to be
performed by a public servant, which is a violation of official duty.
N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
Bidder should consult the statutes or legal counsel for further information.
J.
Pay-to-Play Disclosure – Business entities are advised of their responsibility to file an annual
disclosure statement of political contributions with the New Jersey Election Law Enforcement
Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of
$50,000 from public entities in a calendar year. Business entities are responsible for
determining if filing is necessary. Additional information on this requirement is available from
ELEC at 888-313-3532 or at www.elec.state.nj.us.
K.
Bid packages are available as specified in the Notice to Bidders. Potential respondents are
cautioned that they are responding at their own risk if a third party supplied the specifications
that may or may not be complete. The Owner is not responsible for third party supplied
documents.
II.
Bid Security and Bonding Requirements
The following provisions, if indicated by an (X), shall be applicable to this bid and be made a
part of the bid documents:
(X) A.
Bid Guarantee
Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of
ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to
the Owner. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of
Bid Bond from a surety company authorized to do business in the State of New Jersey and
acceptable to the Owner. The check or bond of the unsuccessful bidder(s) shall be returned
IB 3 | 24
pursuant to N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is
awarded shall be retained until a contract is executed and the required performance bond or
other security is submitted. The check or bond of the successful bidder shall be forfeited if the
bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21.
The Bid Bond shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute
the documents. Failure to submit a bid guarantee shall result in rejection of the bid.
(X) B.
Consent of Surety
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full
amount of bid price from a Surety Company authorized to do business in the State of New Jersey
and acceptable to the Owner stating that it will provide said bidder with a Performance Bond in
the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder
to whom the contract is awarded will furnish Performance and Payment Bonds from an
acceptable surety company on behalf of said bidder, any or all subcontractors or by each
respective subcontractor or by any combination thereof which results in performance security
equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-Fact to
execute the documents. Failure to submit a Consent of Surety Form shall result in rejection of
the bid.
(X) C.
Performance Bond
The successful bidder shall simultaneously with the delivery of the executed contract, submit an
executed Surety Corporation Bond in the amount of one hundred percent (100%) of the final
contract price as security for the faithful performance of this contract.
The performance bond provided shall not be released until the final acceptance of the whole
work and then only if any liens or claims have been satisfied. The surety on such bond or bonds
shall be a duly authorized surety company authorized to do business in the State of New Jersey
pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the performance bond may be
resubmitted each year on the contract anniversary date for the amount remaining on the
contract.
Failure to submit this with the executed contract shall be cause for declaring the contract null
and void pursuant to N.J.S.A. 40A:11-22.
(X) D. Labor and Material (Payment) Bond
The successful bidder shall with the delivery of the performance bond submit an executed
payment bond to guarantee payment to laborers and suppliers for the labor and material used
in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for
declaring the contract null and void.
IB 4 | 24
(X) E.
Maintenance Bond
Upon acceptance of the work by the Owner, the contractor shall submit a maintenance bond
(N.J.S.A. 40A:11-16.3) in an amount not to exceed one hundred percent (100%). of the project
costs guaranteeing against defective quality of work or materials for the period of: Two (2) Years.
III.
Interpretation and Addenda
A.
The bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the Owner. The bidder accepts the obligation to become familiar with these
specifications.
B.
Bidders are expected to examine the specifications and related bid documents with care and
observe all their requirements. Ambiguities, errors or omissions noted by bidders should be
promptly reported in writing to the appropriate official. Any prospective bidder who wishes to
challenge a bid specification shall file such challenges in writing with the Owner no less than
three business days prior to the opening of the bids. Challenges filed after that time shall be
considered void and having no impact on the contracting unit or the award of a contract
pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the Owner of such
ambiguities, errors or omissions, the bidder shall be bound by the requirements of the
specifications and the bidder’s submitted bid.
C.
No oral interpretation and or clarification of the meaning of the specifications for any goods and
services or construction will be made to any bidder. Such request shall be in writing, addressed
to the Owner’s representative stipulated in the specification. In order to be given consideration,
a written request must be received at least seven (7) business days prior to the date fixed for the
opening of the bid.
All interpretations, clarifications and any supplemental instructions will be in the form of written
addenda to the specifications and will be distributed to all persons who had submitted a bid or
who had received a bid package. All addenda so issued shall become part of the specification
and bid documents and shall be acknowledged by the bidder in the bid by completing the
Acknowledgement of Receipt of Addenda form. The Owner’s interpretations or corrections
thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(2), when issuing addenda, the Owner shall provide required
notice prior to the official receipt of bids to any person who has submitted a bid or who has
received a bid package.
D.
Discrepancies in Bids
1.
If the amount shown in words and its equivalent in figures do not agree, the written words
shall be binding. Ditto marks are not considered writing or printing and shall not be used.
2.
In the event that there is a discrepancy between the unit prices and the extended totals, the
unit prices shall prevail. In the event there is an error of the summation of the extended
totals, the computation by the Owner of the extended totals shall govern.
IB 5 | 24
E.
Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
☒ A Pre-Bid-Conference will not be held.
☐ A pre-bid conference for this proposal will be held on [Date] at [Time ##:##] [AM/PM].
Attendance is not mandatory but is strongly recommended. Failure to attend does not relieve
the bidder of any obligations or requirements.
IV.
Brand Names, Standards of Quality and Performance
A.
Brand names and/or descriptions used in these specifications are to acquaint bidders with the
types of goods and services or materials and items desired and will be used as a standard by
which goods and services or materials and items offered as equivalent will be evaluated.
B.
Variations between the goods and services or materials and items described and the goods and
services or materials and items offered are to be fully identified and described by the bidder on
a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice
in explaining exceptions to these specifications. In the absence of any exceptions by the bidder,
it will be presumed and required that the goods and services or materials and items as
described in the bid specification be provided or performed.
C.
When a specification uses “brand name or equivalent,” the listed brand name shall serve as a
reference or point of comparison for the functional or operational characteristic desired for the
material being requested. Where a bidder submits an equivalent, it is the responsibility of the
bidder to document and/or demonstrate the equivalency of the goods and services offered.
Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.
The Owner reserves the right to evaluate the equivalency of the goods and services.
D.
In submitting its bid, the bidder certifies that the goods and services or materials and items to be
furnished will not infringe upon any valid patent or trademark and that the successful bidder
shall, at its own expense, defend any and all actions or suits charging such infringement, and will
save the Owner harmless from any damages resulting from such infringement.
E.
Only manufactured and farm products of the United States, wherever available, shall be used
pursuant to N.J.S.A. 40A:11-18.
F.
The contractor shall guarantee any or all goods and services or materials and items supplied
under these specifications. Defective or inferior goods, materials, or items shall be replaced at
the expense of the contractor. The contractor will be responsible for return freight or restocking
charges.
V.
Insurance and Indemnification
The insurance documents indicated by an (X) shall include but are not limited to the following
coverages. The successful bidder shall provide coverage so that all insurance coverage must be in
effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the
duration of the contract, including any extensions.
IB 6 | 24
A.
Insurance Requirements
(X) 1.
General Liability Insurance
Comprehensive general public liability insurance shall be maintained with a combined single
limit amount of not less than $1,000,000.00 against claims for bodily injury, death, and
property damage, and shall be maintained in full force during the life of the contract.
(X) 2.
Owner and Contractor Protective Liability Insurance
Owner and contractor protective liability insurance shall be maintained with a combined
single limit amount of not less than $1,000,000.00 and shall be maintained in full force
during the life of the contract.
(X) 3.
Worker’s Compensation Insurance
Worker’s Compensation insurance shall be maintained in full force during the life of the
contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A.
34:15-12(a) and N.J.A.C. 12:235-1.6.
(X) 4
Employer’s Liability Insurance
Employer’s liability insurance in the full statutory amount required by New Jersey law shall
be maintained in full force during the life of the contract.
(X) 5.
Products and Completed Operations Liability Insurance
Products and completed operations liability insurance in the amount of $100,000.00 shall be
maintained in full force during the life of the contract.
(X) 6.
Automotive Liability Insurance
Comprehensive automotive liability insurance shall be maintained with a combined single
limit of not less than $500,000.00 against claims for bodily injury, death, or property damage,
and shall be maintained in full force during the life of the contract.
(X) 7.
Pollution Liability Insurance
Pollution liability insurance with a single occurrence limit amount of not less than
$1,000,000.00 shall be maintained in full force during the life of the contract.
(X) 8.
Other Forms of Insurance Required
The Township of Cranford
and Colliers Engineering & Design, Inc. (DBA Maser Consulting)
shall be named as additional insureds on all insurance certificates issued for the project.
B.
Certificates of the Required Insurance
Certificates of Insurance for those policies required above shall be submitted with the contract.
Such coverage shall be with an insurance company authorized to do business in the State of
New Jersey and shall name the Owner as an additional insured.
IB 7 | 24
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and
shall name the Owner as an additional insured.
C.
Indemnification
The successful bidder shall indemnify and hold harmless the Owner and its officers, agents,
servants, and employees from all claims, suits or actions, and damages or costs of every name
and description to which the Owner may be subjected or put by reason of injury to the person
or property of another, or the property of the Owner, resulting from (a) negligent acts or
omissions on the part of the contractor, the contractor's agents, servants or subcontractors in
the delivery of goods and services or materials and items, or in the performance of the work
under the contract; and (b) the use of any copyrighted or copyrighted composition, valid
trademark, secret process, patented or unpatented invention or article furnished or used in the
performance of this contract.
VI.
Pricing Information for Preparation of Bids
A.
The Owner is exempt from any local, state or federal sales, use or excise tax.
B.
Estimated Quantities (Open-End Contracts): The Owner has attempted to identify the item(s) and
the estimated amounts of each item bid to cover its requirements; however, past experience
shows that the amount ordered may be different than that submitted for bidding. The right is
reserved to decrease or increase the quantities specified in the specifications pursuant to
N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
C.
Contractor shall be responsible for obtaining any applicable permits or licenses from any
government entity that has jurisdiction to require the same. All bids submitted shall have
included this cost.
D.
Bidders shall insert prices for furnishing goods and services or materials and items required by
these specifications. Prices shall be net, including any charges for packing, crating, containers,
etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and
placement at locations specified by the Owner. As specified, placement may require inside
deliveries. No additional charges will be allowed for any transportation costs resulting from
partial shipments made for the contractor's convenience.
E.
In the event of a public emergency declared at the local, state or federal level prior to the
expiration of the contract, if the Owner opts to extend terms and conditions of the contract, the
contractor agrees to extend the terms and conditions of this specification, whether existing or
expiring for no longer than six months, for the performance of work for the duration of the
emergency.
IB 8 | 24
VII.
Statutory and Other Requirements
The following are mandatory requirements of this bid and contract.
A.
Mandatory Affirmative Action Certification
No firm may be issued a contract unless it complies with the affirmative action provisions of
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the
full, required regulatory text, which is included as Exhibit A of this bid specification. Forms
referenced below can be obtained from https://www.nj.gov/treasury/contract_compliance/.
1.
Goods and Services (including professional services) Contracts
Each contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:
i.
A photocopy of a valid letter that the contractor is operating under an existing
federally approved or sanctioned affirmative action program (good for one year
from the date of the letter); or
ii.
A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4; or
iii.
A photocopy of an Employee Information Report (Form AA-302) provided by the
Division and distributed to the public agency to be completed by the contractor
in accordance with N.J.A.C. 17:27-4.
2.
Maintenance/Construction Contracts
1.
After notification of award, but prior to signing the contract, the contractor shall submit
to the public agency compliance officer and the Department of Labor and Workforce
Development, Construction Contract Compliance Unit (the “Department”) an initial
project workforce report (Form AA-201) electronically provided to the public agency by
the Department for distribution to and completion by the contractor, in accordance with
N.J.A.C. 17:27-7.
2.
The contractor shall also submit a copy of the monthly project workforce report (Form
AA-202) once a month thereafter for the duration of the contract to the Division and to
the public agency compliance officer. The contractor shall also cooperate with the public
agency in the payment of budgeted funds, as is necessary, for on-the job and/or off-the-
job programs for outreach and training of minorities and women.
3.
During the performance of this contract, the contractor agrees as follows:
i.
The contractor or subcontractor, where applicable, will not discriminate against
any employee or applicant for employment because of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender
identity or expression, disability, nationality, or sex. Except with respect to
affectional or sexual orientation and gender identity or expression, the
IB 9 | 24
contractor will ensure that equal employment opportunity is afforded to such
applicants in recruitment and employment, and that all employees are treated
during employment, without regard to their age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity
or expression, disability, nationality, or sex. Such equal employment opportunity
shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided by the public agency compliance officer setting forth provisions of this
nondiscrimination clause;
ii.
The contractor or subcontractor, where applicable will, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without
regard to age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability,
nationality, or sex;
iii.
The contractor or subcontractor will send to each labor union, with which it has a
collective bargaining agreement, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' representative of the
contractor's commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for employment;
iv.
The contractor or subcontractor, where applicable, agrees to comply with any
regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5–31 et seq., as
amended and supplemented from time to time. However, if a subcontractor has
a total workforce of four or fewer employees or if a contractor or subcontractor
is performing under an existing Federally approved or sanctioned affirmative
action program, the contract shall contain only the mandatory language required
in (a) above, except for the language contained in the first sentence of this
subparagraph.
B.
New Jersey Anti-Discrimination
The contract for this bid shall require that the contractor agrees not to discriminate in
employment and agrees to abide by all anti-discrimination laws including but not limited to
N.J.S.A. 10:2-1 as included in Exhibit B of this document.
C.
Americans with Disabilities Act of 1990
Discrimination on the basis of disability in contracting for the purchase of goods and services is
prohibited. Bidders are required to read, and the successful bidder is required to comply with,
the Americans With Disabilities Act as included in Exhibit C of this document, and agree that the
IB 10 | 24
provisions of Title II of the Act are made a part of the contract. The contractor is obligated to
comply with the Act and to hold the Owner harmless.
D. Statement of Ownership
N.J.S.A. 52:25-24.2 provides that no corporation, partnership, or limited liability company shall be
awarded any contract nor shall any agreement be entered into for the performance of any work
or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or
accompanying the bid of said corporation, partnership, or limited liability company, bidders shall
submit a statement setting forth the names and addresses of all stockholders in the corporation
who own ten percent or more of its stock, of any class, or of all individual partners in the
partnership who own a ten percent or greater interest therein, or of all members in the limited
liability company who own a ten percent or greater interest therein, as the case may be. The
included Statement of Ownership shall be completed and attached to the bid proposal. If one or
more such stockholder or partner or member is itself a corporation or partnership or limited
liability company, the stockholders holding ten percent or more of that corporation's stock, or
the individual partners owning ten percent or greater interest in that partnership, or the
members owning ten percent or greater interest in that limited liability company, as the case
may be, shall also be listed. The disclosure shall be continued until names and addresses of
every noncorporate stockholder, and individual partner, and member, exceeding the ten percent
ownership criteria has been listed.
A bidder with any direct or indirect parent entity which is publicly traded may submit the name
and address of each publicly traded entity and the name and address of each person that holds
a ten percent or greater beneficial interest in the publicly traded entity as of the last annual filing
with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is
any person that holds a ten percent or greater beneficial interest, also shall submit links to the
websites containing the last annual filings with the federal Securities and Exchange Commission
or the foreign equivalent and the relevant page numbers of the filings that contain the
information on each person that holds a ten percent or greater beneficial interest.
The included Statement of Ownership shall be completed and attached to the bid proposal. This
requirement applies to all forms of corporations and partnerships, including, but not limited to,
limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S
corporations. Failure to submit a stockholder disclosure document shall result in rejection of
the bid.
E.
Proof of Business Registration
N.J.S.A. 52:32-44 requires that the successful bidder submit proof of its business registration and
that of any named subcontractors prior to contract award or authorization. Proof of registration
shall be a copy of the bidder’s Business Registration Certificate (BRC). A BRC is obtained from
the New Jersey Division of Revenue and Enterprise Services within the Department of the
Treasury. N.J.S.A. 52:32-44 imposes the following requirements on contractors and all
subcontractors that knowingly provide goods or perform services for a contractor fulfilling this
contract:
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1.
The contractor shall provide written notice to its subcontractors and suppliers to submit
proof of business registration to the contractor;
2.
Subcontractors through all tiers of a project must provide written notice to their
subcontractors and suppliers to submit proof of business registration and
subcontractors shall collect such proofs of business registration and maintain them on
file;
3.
Prior to receipt of final payment from a contracting agency, a contractor must submit to
the contracting agency an accurate list of all subcontractors or attest that none was
used;
4.
During the term of this contract, the contractor and its affiliates shall collect and remit,
and shall notify all subcontractors and their affiliates, that they must collect and remit to
the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and
Use Tax Act (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered
into this State.
Before final payment is made under the contract, the contractor shall submit to the contracting
agency a complete and accurate list of all subcontractors used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a contractor, subcontractor or supplier who fails to provide proof
of business registration or provides false business registration information shall be liable to a
penalty of $25 for each day of violation, not to exceed $50,000, for each business registration
not properly provided or maintained under a contract with a contracting agency.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration
Certificate within two weeks from the date of purchase or execution of the contract or prior to
payment for work performed or to be performed, whichever is earlier.
F.
Disclosure of Investment Activities in Iran
N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in
certain investment activities in energy or finance sectors of Iran. The successful bidder must
indicate if they comply with the law by certifying the form. Pursuant to N.J.S.A. 40A:11-2.1 the
owner is required to notify the New Jersey Attorney General if it determines a false certification
has been submitted.
G. American Goods and Products to be used where possible
Only manufactured and farm products of the United States, wherever available, shall be used
pursuant to N.J.S.A. 40A:11-18.
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If boxes of the following items are checked, they are mandatory requirements of the bid
proposal and contract.
(X) H. Document Checklist
Bidder shall complete and sign the Bid Submission Document Checklist and include it in the
bid submission. For construction bids, failure to submit the checklist is a fatal defect and the
bid will be rejected. This document serves as a guide to bidders of the documents that are
required to be submitted with the bid.
(X) I.
New Jersey Worker and Community Right To Know Act
The manufacturer or supplier of chemical substances or mixtures shall label them in
accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq.,
and N.J.A.C 8:59-1.1 et seq.,). All direct use containers shall bear a label indicating the
chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in
the container, and all other substances which are among the five most predominant
substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C.
8:59-5. “Container” means a receptacle used to hold a liquid, solid or gaseous substance
such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3).
Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet -
must be furnished. All containers which are stored at an owner’s facilities by the contractor
or subcontractors shall display RTK labeling. Vendors with questions concerning labeling
should contact the New Jersey Department of Health and Senior Services Right to Know
Program for assistance in developing proper labels.
www.nj.gov/health/workplacehealthandsafety/right-to-know/
(X) J.
Prevailing Wage Act
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere
to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required
to submit a certified payroll record to the Owner within ten (10) days of the payment of the
wages. In the event it is found that any worker, employed by the contractor or any
subcontractor has been paid a rate of wages less than the prevailing wage required to be
paid, the owner may terminate the contractor's or subcontractor's right to proceed with the
work, or such part of the work as to which there has been a failure to pay required wages
and the contractor and subcontractor then be required to continue the work to completion
or otherwise. The contractor is also responsible for obtaining and submitting all
subcontractors' certified payroll records within the aforementioned time period. The
contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It
is the contractor's responsibility to obtain any additional copies of the certified payroll form
to be submitted by contacting the New Jersey Department of Labor and Workforce
Development, Division of Workplace Standards. Additional information is available at
https://www.nj.gov/labor/wagehour/wagerate/pwr_construction.html.
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(X) K.
The Public Works Contractor Registration Act
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate at the time
the bid proposal is submitted. After bid proposals are received and prior to award of
contract, the successful contractor shall submit a copy of the contractor’s certification along
with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-
subcontractors shall be registered prior to starting work on the project. It is the general
contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate
prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company,
trust, corporation or other legal business entity or successor thereof who enters into a
contract” which is subject to the provisions of the New Jersey Prevailing Wage Act [N.J.S.A.
34:11-56.25, et seq.] It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for "public work" as defined in the
Prevailing Wage statute [N.J.S.A. 34:11-56.26(5)]. The term means:
“Construction, reconstruction, demolition, alteration, custom fabrication or repair
work, or maintenance work, including painting and decorating, done under contract
and paid for in whole or in part out of the funds of a public body, except work
performed under a rehabilitation program.”
“Public work” shall also mean construction, reconstruction, demolition, alteration,
custom fabrication or repair work, done on any property or premises, whether or not
the work is paid for from public funds…”
“Maintenance work" means the repair of existing facilities when the size, type or extent
of such facilities is not thereby changed or increased. While “maintenance” includes
painting and decorating and is covered under the law, it does not include work such as
routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor with a full and
accurately completed application form. The application form is available online at:
http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a
substitute for a certificate of registration.
(X) L.
Non-Collusion Affidavit
The Affidavit shall be properly executed and submitted with the bid proposal.
(X) M. Pay To Play
Prospective bidders are advised of their responsibility to file an annual disclosure statement
of political contributions with the New Jersey Election Law Enforcement Commission (ELEC)
pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public
IB 14 | 24
entities in a calendar year. You, the prospective bidder, are responsible for determining
if filing is necessary. Additional information on this requirement is available from
ELEC at 888-313-3532 or at www.elec.state.nj.us.
(X) N. Prompt Payment Law Disclosure
The New Jersey Law on Prompt Payment of Construction Contracts provides, at N.J.S.A.
2A:30A-2(a), that if a prime contractor has performed in accordance with contract provisions
and the billing has been approved and certified by the Owner (or the Owner’s agent), then
the Owner is required to pay the amount due to the prime contractor not more than thirty
(30) days after the billing date. However, in accordance with N.J.S.A. 2A:30A-2(a), that
subsection shall not be applicable to the subject project where the governing body is
required to vote on authorizations for each periodic payment, final payment or retainage
monies, in which event the amount due may be approved and certified at the next
scheduled public meeting of the governing body.
(X) O. Equipment Certification
Bidder shall certify on the Equipment Certification form that they control or have access to
equipment necessary to do the required work if awarded the contract. If the bidder does
not own or lease the equipment, a certification from the owner of the equipment that the
bidder will have access to the equipment is required with the bid. (N.J.S.A. 40:11-20.)
VIII. Method of Contract Award
A.
The length of the contract shall be stated in the specifications. Pursuant to requirements of
N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability
and appropriation of sufficient funds annually. Please see Section X, Termination of Contract,
Sub-section E, for additional information.
B.
If the award is to be made on the basis of a base bid only, it shall be made to that responsible
bidder submitting the lowest base bid.
C.
If the award is to be made on the basis of a combination of a base bid with selected options, it
shall be made to that responsible bidder submitting the lowest net bid as per the below
schedule:
1.
The lowest total Base Bid proposal will determine the basis of award.
D.
The Owner may also elect to award the contract on the basis of unit prices.
E.
The form of contract shall be submitted by the Owner to the successful bidder. Terms of the
specifications/bid package prevail. Bidder exceptions must be formally accepted by the Owner.
F.
The successful bidder shall complete Form W-9 and submit to the Owner prior to contract
award.
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IX.
Causes for Rejecting Bids
Bids may be rejected for any of the following reasons:
A.
All bids pursuant to N.J.S.A. 40A:11-13.2;
B.
If more than one bid is received from an individual, firm or partnership, corporation or
association under the same name;
C.
Multiple bids from an agent representing competing bidders;
D.
The bid is inappropriately unbalanced;
E.
The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience;
or,
F.
If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays
excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option,
the Owner may accept the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b).
X.
Termination of Contract
A.
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations
under the contract or if the contractor shall violate any of the requirements of the contract, the
Owner shall there upon have the right to terminate the contract by giving written notice to the
contractor of such termination and specifying the effective date of termination. Such
termination shall relieve the Owner of any obligation for balances to the contractor of any sum
or sums set forth in the contract. The Owner will pay only for goods and services accepted prior
to termination.
B.
Notwithstanding the above, the contractor shall not be relieved of liability to the Owner for
damages sustained by the Owner by virtue of any breach of the contract by the contractor and
the Owner may withhold any payments to the contractor for the purpose of compensation until
such time as the exact amount of the damage due the Owner from the contractor is determined.
C.
The contractor agrees to indemnify and hold the Owner harmless from any liability to
subcontractors/suppliers concerning payment for work performed or goods supplied arising out
of the lawful termination of the contract by the Owner under this provision.
D.
In case of default by the contractor, the Owner may procure the goods or services from other
sources and hold the contractor responsible for any excess cost.
E.
Continuation of the terms of the contract beyond the fiscal year is contingent on availability of
funds in the following year's budget. In the event of unavailability of such funds, the Owner
reserves the right to cancel the contract.
F.
ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.
It is understood by all parties that if, during the life of the contract, the contractor disposes of
his/her business concern by acquisition, merger, sale and or/transfer or by any means convey
IB 16 | 24
his/her interest(s) to another party, all obligations are transferred to that new party. In this
event, the new party or parties will be required to submit all documentation/legal instruments
that were required in the original bid/contract. Any change shall be approved by the Owner.
G.
The contractor will not assign any interest in the contract and shall not transfer any interest in
the same without the prior written consent of the Owner.
H.
The Owner may terminate the contract for convenience by providing sixty (60) calendar days
advanced notice to the contractor.
I.
The contractor shall maintain all documentation related to products, transactions or services
under this contract for a period of five years from the date of final payment. Such records shall
be made available to the New Jersey Office of the State Comptroller upon request.
J.
For contracts that exceed one year, each fiscal year payment obligation of the Owner is
conditioned upon the availability of Owner funds appropriated or allocated for the payment of
such an obligation. If funds are not allocated and available for the continuance of any services
performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in
part, the Owner at the end of any particular fiscal year may terminate such services. The Owner
will notify the contractor in writing immediately of any services that will be affected by a
shortage of appropriated funds. This provision shall not be construed so as to permit the Owner
to terminate the contract during the term, or any service hereunder, merely in order to acquire
identical services from another contractor.
K.
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified
in any of the terms or provisions of a contract if the fulfillment of any term or provision of the
contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of
the party whose performance is interfered with which by the exercise of reasonable diligence
such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions
of the contract is delayed or prevented by any court order, or action or injunction or other such
agreement, the contract shall become voidable by the owner by notice to the parties.
XI.
Payment
A.
No payment will be made unless duly authorized by the Owner’s authorized representative and
accompanied by proper documentation.
B.
Payment will be made in accordance with the Owner’s policy and procedures. Invoices shall
specify, in detail, the period for which payment is claimed, the services performed during the
prescribed period, the amount claimed and correlation between the services claimed and this
proposal.
C.
The owner may withhold all or partial payments on account of subsequently discovered
evidence including but not limited to the following:
1.
Deliverables not complying with the project specification;
IB 17 | 24
2.
Claims filed or responsible evidence indicating probability of filing claims;
3.
A reasonable doubt that the contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of
them.
D.
Public funds may be used to pay only for items delivered or work performed. The Owner shall
not pay penalties and/or interest on overdue bills unless otherwise required by law. No
employee is authorized to sign a letter of credit or any other document that represents a legal
commitment on the part of the Owner to pay additional fees.
XII.
Liquidated Damages
A.
Damages for Cause
The Contractor shall be liable to the Owner for all expenses, losses, damages, as determined by
the Engineer, incurred in consequence of any defect, omission or mistake of the Contractor, his
subcontractors, agents or employees, or for the making good thereof.
B.
Costs of Engineering and Inspection
There will be deducted from any payments due the Contractor and retained by the Owner an
amount to defray the cost of wages and overhead paid by the Owner to any Project Manager,
Resident Engineer and/or Observer(s) employed on the work for any time in excess of the
completion time stipulated, in excess of eight (8) hours per day or on Saturdays, Sundays or legal
holidays. This amount shall be determined at the rate of One Hundred Eighty Dollars ($180.00)
per man hour for each Project Manager and One Hundred Thirty-Five Dollars ($135.00) for each
Observer or Resident Project Representative.
C.
Damages for Non-Completion
If the Contractor is permitted to finish the work after the specified period of completion, the
Owner shall have full authority to and may deduct and retain from any payments due the
Contractor the sum of One Thousand Dollars ($1000) for each calendar day thereafter that the
contract remains uncompleted, as a liquidated damage, and not as a penalty, to defray
reasonable loss to the Owner due to failure to complete the work in the stipulated time.
IB 18 | 24
XIII. Other Provisions
A.
Both parties agree to comply with all requirements of the Federal Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the
corresponding HIPAA regulations for the confidentiality and security of medical information. If
awarded the bid, the contractor shall:
1.
Not use or disclose protected health information other than as permitted or required by
law
2.
Use appropriate safeguards to protect the confidentiality of the information
3.
Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner
harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred
as the result of the failure of the contractor to comply with the requirements of the Health
Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting
the privacy of persons using its services.
B.
The Owner shall retain all of its rights and interest in any and all documents and property both
hard copy and digital furnished by the Owner to the successful bidder (contractor) for the
purpose of assisting the contractor in the performance of this contract. None of the documents
and/or property shall, without the written consent of the Owner, be disclosed to others or used
by the contractor or permitted by the contractor to be used by their parties at any time except in
the performance of the resulting contract.
The contractor shall not have the right to use, sell, or disclose the total of the interim or final
work products, or make available to third parties, without the prior written consent of the
owner. Any information supplied to the Owner may be required to be supplied on CD/DVD or
USB flash drive media compatible with Microsoft Windows, and Microsoft Office Suite 2010 or
greater.
C.
Under state and federal statutes, certain government records are protected from public
disclosure. The Owner, the contractor and any subcontractors have a responsibility and an
obligation to safeguard from public access an employee's personal information with which it has
been entrusted when disclosure thereof would violate the employee's reasonable expectation of
privacy. All payroll, personnel and health insurance related files are confidential. Additionally,
the contractor and any subcontractors may be privy to sensitive law enforcement information or
investigations during their review which must remain confidential. The Owner retains the right
to make any public disclosure under the law. Also, among government records deemed
confidential are administrative or technical information regarding computer hardware, software
and networks that, if disclosed, would jeopardize computer security. The contractor and any
subcontractor(s) are prohibited from the sale or distribution of all supplied information to any
third party.
D.
Proof of licensure for any activity regulated by the State of New Jersey and required to do the
work required under this specification, for either the firm or the person responsible for the
work, shall be provided as required by the Owner.
IB 19 | 24
EXHIBIT A
Mandatory Equal Employment Opportunity Language
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
Construction Contracts
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except
with respect to affectional or sexual orientation and gender identity or expression, the contractor
will ensure that equal employment opportunity is afforded to such applicants in recruitment and
employment, and that employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex. Such equal employment opportunity shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided
by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective
bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor
union or workers’ representative of the contractor’s commitments under this act and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented
from time to time and the Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor
agrees to make good faith efforts to employ minority and women workers in each construction
trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided,
however, that the Department of Labor and Workforce Development, Construction Contract
Compliance Unit (the “Department”), may, in its discretion, exempt a contractor or subcontractor
from compliance with the good faith procedures prescribed by the following provisions, A, B, and C,
as long as the Department is satisfied that the contractor or subcontractor is employing workers
provided by a union which provides evidence, in accordance with standards prescribed by the
IB 20 | 24
Department, that its percentage of active “card carrying” members who are minority and women
workers is equal to or greater than the targeted employment goal established in accordance with
N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include
compliance with the following procedures:
(A) If the contractor or subcontractor has a referral agreement or arrangement with a union
for a construction trade, the contractor or subcontractor shall, within three business days of the
contract award, seek assurances from the union that it will cooperate with the contractor or
subcontractor as it fulfills its affirmative action obligations under this contract and in accordance
with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented
and amended from time to time and the Americans with Disabilities Act. If the contractor or
subcontractor is unable to obtain said assurances from the construction trade union at least five
business days prior to the commencement of construction work, the contractor or subcontractor
agrees to afford equal employment opportunities minority and women workers directly, consistent
with this chapter. If the contractor’s or subcontractor’s prior experience with a construction trade
union, regardless of whether the union has provided said assurances, indicates a significant
possibility that the trade union will not refer sufficient minority and women workers consistent with
affording equal employment opportunities as specified in this chapter, the contractor or
subcontractor agrees to be prepared to provide such opportunities to minority and women workers
directly, consistent with this chapter, by complying with the hiring or scheduling procedures
prescribed under (B) below; and the contractor or subcontractor further agrees to take said action
immediately if it determines that the union is not referring minority and women workers consistent
with the equal employment opportunity goals set forth in this chapter.
(B) If good faith efforts to meet targeted employment goals have not or cannot be met for
each construction trade by adhering to the procedures of (A) above, or if the contractor does not
have a referral agreement or arrangement with a union for a construction trade, the contractor or
subcontractor agrees to take the following actions:
(1) To notify the public agency compliance officer, the Department, and minority and
women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce
needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as
awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade
union refer minority and women workers to fill job openings, provided the contractor or
subcontractor has a referral agreement or arrangement with a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers
with the local construction trade union, provided the contractor or subcontractor has a referral
agreement or arrangement with a union for the construction trade, the State Training and
Employment Service and other approved referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the
construction site, layoffs shall be conducted in compliance with the equal employment opportunity
IB 21 | 24
and nondiscrimination standards set forth in this regulation, as well as with applicable Federal and
State court decisions;
(6) To adhere to the following procedure when minority and women workers apply
or are referred to the contractor or subcontractor:
(i) The contactor or subcontractor shall interview the referred minority or
women worker.
(ii) If said individuals have never previously received any document or
certification signifying a level of qualification lower than that required in order to perform the work
of the construction trade, the contractor or subcontractor shall in good faith determine the
qualifications of such individuals. The contractor or subcontractor shall hire or schedule those
individuals who satisfy appropriate qualification standards in conformity with the equal employment
opportunity and non-discrimination principles set forth in this chapter. However, a contractor or
subcontractor shall determine that the individual at least possesses the requisite skills, and
experience recognized by a union, apprentice program or a referral agency, provided the referral
agency is acceptable to the Department. If necessary, the contractor or subcontractor shall hire or
schedule minority and women workers who qualify as trainees pursuant to these rules. All of the
requirements, however, are limited by the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be
maintained on a waiting list, and shall be considered for employment as described in (i) above,
whenever vacancies occur. At the request of the Department, the contractor or subcontractor shall
provide evidence of its good faith efforts to employ women and minorities from the list to fill
vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a
minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee
or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons
for the determination, maintain a copy of the determination in its files, and send a copy to the public
agency compliance officer and to the Department.
(7) To keep a complete and accurate record of all requests made for the referral of
workers in any trade covered by the contract, on forms made available by the Department and
submitted promptly to the Department upon request.
(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude
the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies
in any applicable collective bargaining agreement or union hiring hall arrangement, and, where
required by custom or agreement, it shall send journeymen and trainees to the union for referral, or
to the apprenticeship program for admission, pursuant to such agreement or arrangement.
However, where the practices of a union or apprenticeship program will result in the exclusion of
minorities and women or the failure to refer minorities and women consistent with the targeted
county employment goal, the contractor or subcontractor shall consider for employment persons
referred pursuant to (B) above without regard to such agreement or arrangement; provided further,
however, that the contractor or subcontractor shall not be required to employ women and minority
IB 22 | 24
advanced trainees and trainees in numbers which result in the employment of advanced trainees
and trainees as a percentage of the total workforce for the construction trade, which percentage
significantly exceeds the apprentice to journey worker ratio specified in the applicable collective
bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio
established by practice in the area for said construction trade. Also, the contractor or subcontractor
agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority
and women workers residing within the geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall submit
to the public agency compliance officer and the Department an initial project workforce report
(Form AA-201) electronically provided to the public agency by the Department, through its website,
for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The
contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month
thereafter for the duration of this contract to the Department, and to the public agency compliance
officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is
necessary, for on-the-job and/or off-the job programs for outreach and training of minorities and
women.
(D) The contractor and its subcontractors shall furnish such reports or other documents to
the Department as may be requested by the Department from time to time in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be
requested by the Department for conducting a compliance investigation pursuant to N.J.A.C. 17:27-
1.1 et seq.
IB 23 | 24
EXHIBIT B
New Jersey Anti-Discrimination Provisions
N.J.S.A. 10:2-1 et seq.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
a. In the hiring of persons for the performance of work under this contract or any
subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such
materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any
person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color,
national origin, ancestry, marital status, gender identity or expression, affectional or sexual
orientation or sex, discriminate against any person who is qualified and available to perform the
work to which the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner,
discriminate against or intimidate any employee engaged in the performance of work under this
contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or
furnishing of any such materials, equipment, supplies or services to be acquired under such
contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or
expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting
public agency, under this contract, a penalty of $50.00 for each person for each calendar day during
which such person is discriminated against or intimidated in violation of the provisions of the
contract; and
d. This contract may be canceled or terminated by the contracting public agency, and all
money due or to become due hereunder may be forfeited, for any violation of this section of the
contract occurring after notice to the contractor from the contracting public agency of any prior
violation of this section of the contract.
IB 24 | 24
EXHIBIT C
Americans with Disabilities Act of 1990
Equal Opportunity for Individuals with Disability
The contractor and the owner do hereby agree that the provisions of Title 11 of the Americans with
Disabilities Act of 1990 (the “Act”) (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the
basis of disability by public entities in all services, programs, and activities provided or made
available by public entities, and the rules and regulations promulgated pursuant there unto, are
made a part of this contract. In providing any aid, benefit, or service on behalf of the owner
pursuant to this contract, the contractor agrees that the performance shall be in strict compliance
with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors
violate or are alleged to have violated the Act during the performance of this contract, the contractor
shall defend the owner in any action or administrative proceeding commenced pursuant to this Act.
The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and
employees from and against any and all suits, claims, losses, demands, or damages, of whatever
kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at
its own expense, appear, defend, and pay any and all charges for legal services and any and all costs
and other expenses arising from such action or administrative proceeding or incurred in connection
therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the
contractor agrees to abide by any decision of the owner which is rendered pursuant to said
grievance procedure. If any action or administrative proceeding results in an award of damages
against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at
its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice
thereof to the contractor along with full and complete particulars of the claim, if any action or
administrative proceeding is brought against the owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by
the contractor pursuant to this contract will not relieve the contractor of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this
paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save
harmless the contractor, its agents, servants, employees and subcontractors for any claim which
may arise out of their performance of this Agreement. Furthermore, the contractor expressly
understands and agrees that the provisions of this indemnification clause shall in no way limit the
contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the
contractor from any liability, nor preclude the owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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Guidelines Page 1 of 1
GENERAL CONDITIONS
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 5
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1—Definitions and Terminology .......................................................................................................1
1.01
Defined Terms ..............................................................................................................................1
1.02
Terminology..................................................................................................................................6
Article 2—Preliminary Matters.....................................................................................................................7
2.01
Delivery of Performance and Payment Bonds; Evidence of Insurance.........................................7
2.02
Copies of Documents....................................................................................................................7
2.03
Before Starting Construction ........................................................................................................7
2.04
Preconstruction Conference; Designation of Authorized Representatives ..................................8
2.05
Acceptance of Schedules ..............................................................................................................8
2.06
Electronic Transmittals .................................................................................................................8
Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9
3.01
Intent ............................................................................................................................................9
3.02
Reference Standards.....................................................................................................................9
3.03
Reporting and Resolving Discrepancies......................................................................................10
3.04
Requirements of the Contract Documents.................................................................................10
3.05
Reuse of Documents...................................................................................................................11
Article 4—Commencement and Progress of the Work ..............................................................................11
4.01
Commencement of Contract Times; Notice to Proceed.............................................................11
4.02
Starting the Work .......................................................................................................................11
4.03
Reference Points.........................................................................................................................12
4.04
Progress Schedule.......................................................................................................................12
4.05
Delays in Contractor’s Progress..................................................................................................12
Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions.....................14
5.01
Availability of Lands....................................................................................................................14
5.02
Use of Site and Other Areas........................................................................................................14
5.03
Subsurface and Physical Conditions ...........................................................................................15
5.04
Differing Subsurface or Physical Conditions ...............................................................................16
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5.05
Underground Facilities................................................................................................................17
5.06
Hazardous Environmental Conditions at Site .............................................................................19
Article 6—Bonds and Insurance .................................................................................................................21
6.01
Performance, Payment, and Other Bonds..................................................................................21
6.02
Insurance—General Provisions...................................................................................................22
6.03
Contractor’s Insurance ...............................................................................................................24
6.04
Builder’s Risk and Other Property Insurance..............................................................................25
6.05
Property Losses; Subrogation.....................................................................................................25
6.06
Receipt and Application of Property Insurance Proceeds ..........................................................27
Article 7—Contractor’s Responsibilities .....................................................................................................27
7.01
Contractor’s Means and Methods of Construction ....................................................................27
7.02
Supervision and Superintendence..............................................................................................27
7.03
Labor; Working Hours.................................................................................................................27
7.04
Services, Materials, and Equipment ...........................................................................................28
7.05
“Or Equals” .................................................................................................................................28
7.06
Substitutes..................................................................................................................................29
7.07
Concerning Subcontractors and Suppliers..................................................................................31
7.08
Patent Fees and Royalties...........................................................................................................32
7.09
Permits........................................................................................................................................33
7.10
Taxes...........................................................................................................................................33
7.11
Laws and Regulations .................................................................................................................33
7.12
Record Documents .....................................................................................................................33
7.13
Safety and Protection .................................................................................................................34
7.14
Hazard Communication Programs..............................................................................................35
7.15
Emergencies................................................................................................................................35
7.16
Submittals...................................................................................................................................35
7.17
Contractor’s General Warranty and Guarantee .........................................................................38
7.18
Indemnification...........................................................................................................................39
7.19
Delegation of Professional Design Services................................................................................39
Article 8—Other Work at the Site ..............................................................................................................40
8.01
Other Work.................................................................................................................................40
8.02
Coordination...............................................................................................................................41
8.03
Legal Relationships .....................................................................................................................41
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Article 9—Owner’s Responsibilities............................................................................................................42
9.01
Communications to Contractor ..................................................................................................42
9.02
Replacement of Engineer............................................................................................................42
9.03
Furnish Data................................................................................................................................42
9.04
Pay When Due ............................................................................................................................42
9.05
Lands and Easements; Reports, Tests, and Drawings.................................................................43
9.06
Insurance ....................................................................................................................................43
9.07
Change Orders ............................................................................................................................43
9.08
Inspections, Tests, and Approvals...............................................................................................43
9.09
Limitations on Owner’s Responsibilities.....................................................................................43
9.10
Undisclosed Hazardous Environmental Condition......................................................................43
9.11
Evidence of Financial Arrangements ..........................................................................................43
9.12
Safety Programs..........................................................................................................................43
Article 10—Engineer’s Status During Construction....................................................................................44
10.01
Owner’s Representative .........................................................................................................44
10.02
Visits to Site ............................................................................................................................44
10.03
Resident Project Representative ............................................................................................44
10.04
Engineer’s Authority ...............................................................................................................44
10.05
Determinations for Unit Price Work.......................................................................................45
10.06
Decisions on Requirements of Contract Documents and Acceptability of Work ...................45
10.07
Limitations on Engineer’s Authority and Responsibilities.......................................................45
10.08
Compliance with Safety Program ...........................................................................................45
Article 11—Changes to the Contract..........................................................................................................46
11.01
Amending and Supplementing the Contract ..........................................................................46
11.02
Change Orders ........................................................................................................................46
11.03
Work Change Directives..........................................................................................................46
11.04
Field Orders ............................................................................................................................47
11.05
Owner-Authorized Changes in the Work................................................................................47
11.06
Unauthorized Changes in the Work........................................................................................47
11.07
Change of Contract Price ........................................................................................................47
11.08
Change of Contract Times.......................................................................................................49
11.09
Change Proposals....................................................................................................................49
11.10
Notification to Surety .............................................................................................................50
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11.11
Applicability of New Jersey Department of Community Affairs Regulations..........................50
Article 12—Claims ......................................................................................................................................50
12.01
Claims .....................................................................................................................................50
Article 13—Cost of the Work; Allowances; Unit Price Work ......................................................................52
13.01
Cost of the Work.....................................................................................................................52
13.02
Allowances..............................................................................................................................55
13.03
Unit Price Work.......................................................................................................................55
Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work.....................56
14.01
Access to Work .......................................................................................................................56
14.02
Tests, Inspections, and Approvals...........................................................................................56
14.03
Defective Work.......................................................................................................................57
14.04
Acceptance of Defective Work ...............................................................................................58
14.05
Uncovering Work....................................................................................................................58
14.06
Owner May Stop the Work.....................................................................................................59
14.07
Owner May Correct Defective Work ......................................................................................59
Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period.........................................59
15.01
Progress Payments .................................................................................................................59
15.02
Contractor’s Warranty of Title................................................................................................63
15.03
Substantial Completion...........................................................................................................63
15.04
Partial Use or Occupancy........................................................................................................64
15.05
Final Inspection.......................................................................................................................64
15.06
Final Payment .........................................................................................................................64
15.07
Waiver of Claims.....................................................................................................................66
15.08
Correction Period....................................................................................................................66
Article 16—Suspension of Work and Termination .....................................................................................67
16.01
Owner May Suspend Work.....................................................................................................67
16.02
Owner May Terminate for Cause............................................................................................67
16.03
Owner May Terminate for Convenience ................................................................................68
16.04
Contractor May Stop Work or Terminate...............................................................................68
Article 17—Final Resolution of Disputes ....................................................................................................69
17.01
Methods and Procedures .......................................................................................................69
Article 18—Miscellaneous..........................................................................................................................70
18.01
Giving Notice...........................................................................................................................70
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18.02
Computation of Times ............................................................................................................70
18.03
Cumulative Remedies .............................................................................................................70
18.04
Limitation of Damages............................................................................................................70
18.05
No Waiver...............................................................................................................................70
18.06
Survival of Obligations ............................................................................................................70
18.07
Controlling Law.......................................................................................................................71
18.08
Assignment of Contract ..........................................................................................................71
18.09
Successors and Assigns...........................................................................................................71
18.10
Headings .................................................................................................................................71
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and American Society of Civil Engineers. All rights reserved.
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STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01
Defined Terms
A.
Wherever used in the Bidding Requirements or Contract Documents, a term printed with
initial capital letters, including the term’s singular and plural forms, will have the meaning
indicated in the definitions below. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
1.
Addenda—Written or graphic instruments issued prior to the opening of Bids which
clarify, correct, or change the Bidding Requirements or the proposed Contract
Documents. Notice of Addenda shall be provided in accordance with N.J.S.A. 40A:11-
23(c)(2).
2.
Agreement—The written instrument, executed by Owner and Contractor, that sets forth
the Contract Price and Contract Times, identifies the parties and the Engineer, and
designates the specific items that are Contract Documents.
3.
Application for Payment—The document prepared by Contractor, in a form acceptable to
Engineer, to request progress or final payments, and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.
4.
Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for
the Work to be performed.
5.
Bidder—An individual or entity that submits a Bid to Owner.
6.
Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and
all Addenda.
7.
Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders,
Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.
8.
Change Order—A document which is signed by Contractor and Owner and authorizes an
addition, deletion, or revision in the Work or an adjustment in the Contract Price or the
Contract Times, or other revision to the Contract, issued on or after the Effective Date of
the Contract.
9.
Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth herein, seeking an adjustment in Contract Price or
Contract Times; contesting an initial decision by Engineer concerning the requirements of
the Contract Documents or the acceptability of Work under the Contract Documents;
challenging a set-off against payments due; or seeking other relief with respect to the
terms of the Contract.
10. Claim
a.
A demand or assertion by Owner directly to Contractor, duly submitted in compliance
with the procedural requirements set forth herein, seeking an adjustment of Contract
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Price or Contract Times; contesting an initial decision by Engineer concerning the
requirements of the Contract Documents or the acceptability of Work under the
Contract Documents; contesting Engineer’s decision regarding a Change Proposal;
seeking resolution of a contractual issue that Engineer has declined to address; or
seeking other relief with respect to the terms of the Contract.
b.
A demand or assertion by Contractor directly to Owner, duly submitted in compliance
with the procedural requirements set forth herein, contesting Engineer’s decision
regarding a Change Proposal, or seeking resolution of a contractual issue that
Engineer has declined to address.
c.
A demand or assertion by Owner or Contractor, duly submitted in compliance with
the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4,
concerning disputes arising after Engineer has issued a recommendation of final
payment.
d.
A demand for money or services by a third party is not a Claim.
11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous
waste, and any substance, product, waste, or other material of any nature whatsoever
that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations
regulating, relating to, or imposing liability or standards of conduct concerning, any
hazardous, toxic, or dangerous waste, substance, or material.
12. Contract—The entire and integrated written contract between Owner and Contractor
concerning the Work.
13. Contract Documents—Those items so designated in the Agreement, and which together
comprise the Contract.
14. Contract Price—The money that Owner has agreed to pay Contractor for completion of
the Work in accordance with the Contract Documents.
15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve
Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.
16. Contractor—The individual or entity with which Owner has contracted for performance
of the Work.
17. Cost of the Work—See Paragraph 13.01 for definition.
18. Drawings—The part of the Contract that graphically shows the scope, extent, and
character of the Work to be performed by Contractor.
19. Effective Date of the Contract—The date, indicated in the Agreement, on which the
Contract becomes effective.
20. Electronic
Document—Any
Project-related
correspondence,
attachments
to
correspondence, data, documents, drawings, information, or graphics, including but not
limited to Shop Drawings and other Submittals, that are in an electronic or digital format.
21. Electronic Means—Electronic mail (email), upload/download from a secure Project
website, or other communications methods that allow: (a) the transmission or
communication of Electronic Documents; (b) the documentation of transmissions,
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including sending and receipt; (c) printing of the transmitted Electronic Document by the
recipient; (d) the storage and archiving of the Electronic Document by sender and
recipient; and (e) the use by recipient of the Electronic Document for purposes permitted
by this Contract. Electronic Means does not include the use of text messaging, or of
Facebook, Twitter, Instagram, or similar social media services for transmission of
Electronic Documents.
22. Engineer—The individual or entity named as such in the Agreement.
23. Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Contract Price or the Contract Times.
24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern
in such quantities or circumstances that may present a danger to persons or property
exposed thereto.
a.
The presence at the Site of materials that are necessary for the execution of the Work,
or that are to be incorporated into the Work, and that are controlled and contained
pursuant to industry practices, Laws and Regulations, and the requirements of the
Contract, is not a Hazardous Environmental Condition.
b.
The presence of Constituents of Concern that are to be removed or remediated as
part of the Work is not a Hazardous Environmental Condition.
c.
The presence of Constituents of Concern as part of the routine, anticipated, and
obvious working conditions at the Site, is not a Hazardous Environmental Condition.
25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and
all governmental bodies, agencies, authorities, and courts having jurisdiction.
26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real
property, or personal property.
27. Milestone—A principal event in the performance of the Work that the Contract requires
Contractor to achieve by an intermediate completion date, or by a time prior to
Substantial Completion of all the Work.
28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the
Bid.
29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the
Contract Times will commence to run and on which Contractor shall start to perform the
Work.
30. Owner—The individual or entity with which Contractor has contracted regarding the
Work, and which has agreed to pay Contractor for the performance of the Work, pursuant
to the terms of the Contract.
31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising Contractor’s plan to accomplish the
Work within the Contract Times.
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32. Project—The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the Work to be performed under the Contract Documents is a part.
33. Resident Project Representative—The authorized representative of Engineer assigned to
assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR)
includes any assistants or field staff of Resident Project Representative.
34. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.
35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements for Engineer’s review of the submittals.
36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
reviewing Contractor’s Applications for Payment.
37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether
approved or not, are not Drawings and are not Contract Documents.
38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed, including rights-of-way and easements, and
such other lands or areas furnished by Owner which are designated for the use of
Contractor.
39. Specifications—The part of the Contract that consists of written requirements for
materials, equipment, systems, standards, and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable to the Work.
40. Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.
41. Submittal—A written or graphic document, prepared by or for Contractor, which the
Contract Documents require Contractor to submit to Engineer, or that is indicated as a
Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include
Shop Drawings and Samples; schedules; product data; Owner-delegated designs;
sustainable design information; information on special procedures; testing plans; results
of tests and evaluations, source quality-control testing and inspections, and field or Site
quality-control testing and inspections; warranties and certifications; Suppliers’
instructions and reports; records of delivery of spare parts and tools; operations and
maintenance data; Project photographic documentation; record documents; and other
such documents required by the Contract Documents. Submittals, whether or not
approved or accepted by Engineer, are not Contract Documents. Change Proposals,
Change Orders, Claims, notices, Applications for Payment, and requests for interpretation
or clarification are not Submittals.
42. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
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Work (or a specified part thereof) can be utilized for the purposes for which it is intended.
The terms “substantially complete” and “substantially completed” as applied to all or part
of the Work refer to Substantial Completion of such Work.
43. Successful Bidder—The Bidder to which the Owner makes an award of contract in
accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
44. Supplementary Conditions—The part of the Contract that amends or supplements these
General Conditions.
45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or a Subcontractor.
46. Technical Data
a.
Those items expressly identified as Technical Data in the Supplementary Conditions,
with respect to either (1) existing subsurface conditions at or adjacent to the Site, or
existing physical conditions at or adjacent to the Site including existing surface or
subsurface
structures
(except
Underground
Facilities)
or
(2) Hazardous
Environmental Conditions at the Site.
b.
If no such express identifications of Technical Data have been made with respect to
conditions at the Site, then Technical Data is defined, with respect to conditions at
the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs,
recorded measurements of subsurface water levels, assessments of the condition of
subsurface facilities, laboratory test results, and other factual, objective information
regarding conditions at the Site that are set forth in any geotechnical, environmental,
or other Site or facilities conditions report prepared for the Project and made
available to Contractor.
c.
Information and data regarding the presence or location of Underground Facilities
are not intended to be categorized, identified, or defined as Technical Data, and
instead Underground Facilities are shown or indicated on the Drawings.
47. Underground Facilities—All active or not-in-service underground lines, pipelines,
conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other
such facilities or systems at the Site, including but not limited to those facilities or systems
that produce, transmit, distribute, or convey telephone or other communications, cable
television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil
products, liquid petroleum products, water, steam, waste, wastewater, storm water,
other liquids or chemicals, or traffic or other control systems. An abandoned facility or
system is not an Underground Facility.
48. Unit Price Work—Work to be paid for on the basis of unit prices.
49. Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the result
of performing or providing all labor, services, and documentation necessary to produce
such construction; furnishing, installing, and incorporating all materials and equipment
into such construction; and may include related services such as testing, start-up, and
commissioning, all as required by the Contract Documents.
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50. Work Change Directive—A written directive to Contractor issued on or after the Effective
Date of the Contract, signed by Owner and recommended by Engineer, ordering an
addition, deletion, or revision in the Work.
1.02
Terminology
A.
The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that
require initial capital letters, but, when used in the Bidding Requirements or Contract
Documents, have the indicated meaning.
B.
Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,”
“as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an
exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,”
“suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are
used to describe an action or determination of Engineer as to the Work. It is intended that
such exercise of professional judgment, action, or determination will be solely to evaluate, in
general, the Work for compliance with the information in the Contract Documents and with
the design concept of the Project as a functioning whole as shown or indicated in the Contract
Documents (unless there is a specific statement indicating otherwise). The use of any such
term or adjective is not intended to and shall not be effective to assign to Engineer any duty
or authority to supervise or direct the performance of the Work, or any duty or authority to
undertake responsibility contrary to the provisions of Article 10 or any other provision of the
Contract Documents.
C.
Day: The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
1.
does not conform to the Contract Documents;
2.
does not meet the requirements of any applicable inspection, reference standard, test,
or approval referred to in the Contract Documents; or
3.
has been damaged prior to Engineer’s recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 15.03 or Paragraph 15.04).
E.
Furnish, Install, Perform, Provide
1.
The word “furnish,” when used in connection with services, materials, or equipment,
means to supply and deliver said services, materials, or equipment to the Site (or some
other specified location) ready for use or installation and in usable or operable condition.
2.
The word “install,” when used in connection with services, materials, or equipment,
means to put into use or place in final position said services, materials, or equipment
complete and ready for intended use.
3.
The words “perform” or “provide,” when used in connection with services, materials, or
equipment, means to furnish and install said services, materials, or equipment complete
and ready for intended use.
4.
If the Contract Documents establish an obligation of Contractor with respect to specific
services, materials, or equipment, but do not expressly use any of the four words
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“furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said
services, materials, or equipment complete and ready for intended use.
F.
Contract Price or Contract Times: References to a change in “Contract Price or Contract Times”
or “Contract Times or Contract Price” or similar, indicate that such change applies to
(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as
warranted, even if the term “or both” is not expressed.
G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01
Delivery of Performance and Payment Bonds; Evidence of Insurance
A.
Performance and Payment Bonds: When Contractor delivers the signed counterparts of the
Agreement to Owner, Contractor shall also deliver to Owner the performance bond and
payment bond (if the Contract requires Contractor to furnish such bonds).
B.
Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the
Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional
insured (as identified in the Contract), the certificates, endorsements, and other evidence of
insurance required to be provided by Contractor in accordance with Article 6, except to the
extent the Supplementary Conditions expressly establish other dates for delivery of specific
insurance policies.
C.
Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and
all required bonds and insurance documentation, Owner shall promptly deliver to Contractor,
with copies to each additional insured (as identified in the Contract), the certificates and other
evidence of insurance required to be provided by Owner under Article 6.
2.02
Copies of Documents
A.
Owner shall furnish to Contractor four printed copies of the Contract (including one fully
signed counterpart of the Agreement), and one copy in electronic portable document format
(PDF). Additional printed copies will be furnished upon request at the cost of reproduction.
B.
Owner shall maintain and safeguard at least one original printed record version of the
Contract, including Drawings and Specifications signed and sealed by Engineer and other
design professionals. Owner shall make such original printed record version of the Contract
available to Contractor for review. Owner may delegate the responsibilities under this
provision to Engineer.
2.03
Before Starting Construction
A.
Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise
required by the Contract Documents), Contractor shall submit to Engineer for timely review:
1.
a preliminary Progress Schedule indicating the times (numbers of days or dates) for
starting and completing the various stages of the Work, including any Milestones
specified in the Contract;
2.
a preliminary Schedule of Submittals; and
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3.
a preliminary Schedule of Values for all of the Work which includes quantities and prices
of items which when added together equal the Contract Price and subdivides the Work
into component parts in sufficient detail to serve as the basis for progress payments
during performance of the Work. Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work.
2.04
Preconstruction Conference; Designation of Authorized Representatives
A.
Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties
as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for
handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment,
electronic or digital transmittals, and maintaining required records.
B.
At this conference Owner and Contractor each shall designate, in writing, a specific individual
to act as its authorized representative with respect to the services and responsibilities under
the Contract. Such individuals shall have the authority to transmit and receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective
party.
2.05
Acceptance of Schedules
A.
At least 10 days before submission of the first Application for Payment a conference, attended
by Contractor, Engineer, and others as appropriate, will be held to review the schedules
submitted in accordance with Paragraph 2.03.A. No progress payment will be made to
Contractor until acceptable schedules are submitted to Engineer.
1.
The Progress Schedule will be acceptable to Engineer if it provides an orderly progression
of the Work to completion within the Contract Times. Such acceptance will not impose
on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or
progress of the Work, nor interfere with or relieve Contractor from Contractor’s full
responsibility therefor.
2.
Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a
workable arrangement for reviewing and processing the required submittals.
3.
Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance
if it provides a reasonable allocation of the Contract Price to the component parts of the
Work.
4.
If a schedule is not acceptable, Contractor will have an additional 10 days to revise and
resubmit the schedule.
2.06
Electronic Transmittals
A.
Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor
may send, and shall accept, Electronic Documents transmitted by Electronic Means.
B.
If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and
Contractor shall jointly develop such protocols.
C.
Subject to any governing protocols for Electronic Means, when transmitting Electronic
Documents by Electronic Means, the transmitting party makes no representations as to long-
term compatibility, usability, or readability of the Electronic Documents resulting from the
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recipient’s use of software application packages, operating systems, or computer hardware
differing from those used in the drafting or transmittal of the Electronic Documents.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01
Intent
A.
The Contract Documents are complementary; what is required by one Contract Document is
as binding as if required by all.
B.
It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents.
C.
Unless otherwise stated in the Contract Documents, if there is a discrepancy between the
electronic versions of the Contract Documents (including any printed copies derived from
such electronic versions) and the printed record version, the printed record version will
govern.
D. The Contract supersedes prior negotiations, representations, and agreements, whether
written or oral.
E.
Engineer will issue clarifications and interpretations of the Contract Documents as provided
herein.
F.
Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation will be deemed stricken, and all remaining provisions will continue to be
valid and binding upon Owner and Contractor, which agree that the Contract Documents will
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
G. Nothing in the Contract Documents creates:
1.
any contractual relationship between Owner or Engineer and any Subcontractor,
Supplier, or other individual or entity performing or furnishing any of the Work, for the
benefit of such Subcontractor, Supplier, or other individual or entity; or
2.
any obligation on the part of Owner or Engineer to pay or to see to the payment of any
money due any such Subcontractor, Supplier, or other individual or entity, except as may
otherwise be required by Laws and Regulations.
3.02
Reference Standards
A.
Standards Specifications, Codes, Laws and Regulations
1.
Reference in the Contract Documents to standard specifications, manuals, reference
standards, or codes of any technical society, organization, or association, or to Laws or
Regulations, whether such reference be specific or by implication, means the standard
specification, manual, reference standard, code, or Laws or Regulations in effect at the
time of opening of Bids (or on the Effective Date of the Contract if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents.
2.
No provision of any such standard specification, manual, reference standard, or code, and
no instruction of a Supplier, will be effective to change the duties or responsibilities of
Owner, Contractor, or Engineer from those set forth in the part of the Contract
Documents prepared by or for Engineer. No such provision or instruction shall be effective
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to assign to Owner or Engineer any duty or authority to supervise or direct the
performance of the Work, or any duty or authority to undertake responsibility
inconsistent with the provisions of the part of the Contract Documents prepared by or for
Engineer.
3.03
Reporting and Resolving Discrepancies
A.
Reporting Discrepancies
1.
Contractor’s Verification of Figures and Field Measurements: Before undertaking each
part of the Work, Contractor shall carefully study the Contract Documents, and check and
verify pertinent figures and dimensions therein, particularly with respect to applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict,
error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of,
and shall not proceed with any Work affected thereby until the conflict, error, ambiguity,
or discrepancy is resolved by a clarification or interpretation by Engineer, or by an
amendment or supplement to the Contract issued pursuant to Paragraph 11.01.
2.
Contractor’s Review of Contract Documents: If, before or during the performance of the
Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the
Contract Documents, or between the Contract Documents and (a) any applicable Law or
Regulation, (b) actual field conditions, (c) any standard specification, manual, reference
standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly
report it to Engineer in writing. Contractor shall not proceed with the Work affected
thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error,
ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or
by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.
3.
Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B.
Resolving Discrepancies
1.
Except as may be otherwise specifically stated in the Contract Documents, the provisions
of the part of the Contract Documents prepared by or for Engineer take precedence in
resolving any conflict, error, ambiguity, or discrepancy between such provisions of the
Contract Documents and:
a.
the provisions of any standard specification, manual, reference standard, or code, or
the instruction of any Supplier (whether or not specifically incorporated by reference
as a Contract Document); or
b.
the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would
result in violation of such Law or Regulation).
3.04
Requirements of the Contract Documents
A.
During the performance of the Work and until final payment, Contractor and Owner shall
submit to the Engineer in writing all matters in question concerning the requirements of the
Contract Documents (sometimes referred to as requests for information or interpretation—
RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as
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possible after such matters arise. Engineer will be the initial interpreter of the requirements
of the Contract Documents, and judge of the acceptability of the Work.
B.
Engineer will, with reasonable promptness, render a written clarification, interpretation, or
decision on the issue submitted, or initiate an amendment or supplement to the Contract
Documents. Engineer’s written clarification, interpretation, or decision will be final and
binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner,
unless it appeals by filing a Claim.
C.
If a submitted matter in question concerns terms and conditions of the Contract Documents
that do not involve (1) the performance or acceptability of the Work under the Contract
Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3)
other engineering or technical matters, then Engineer will promptly notify Owner and
Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner
and Contractor are unable to agree on resolution of such a matter in question, either party
may pursue resolution as provided in Article 12.
3.05
Reuse of Documents
A.
Contractor and its Subcontractors and Suppliers shall not:
1.
have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer
or its consultants, including electronic media versions, or reuse any such Drawings,
Specifications, other documents, or copies thereof on extensions of the Project or any
other project without written consent of Owner and Engineer and specific written
verification or adaptation by Engineer; or
2.
have or acquire any title or ownership rights in any other Contract Documents, reuse any
such Contract Documents for any purpose without Owner’s express written consent, or
violate any copyrights pertaining to such Contract Documents.
B.
The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein precludes Contractor from retaining copies of the Contract
Documents for record purposes.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
4.01
Commencement of Contract Times; Notice to Proceed
A.
The Contract Times will commence to run on the 30th day after the Effective Date of the
Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Contract. In no event will the Contract Times commence to run later than the 60th day after
the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever
date is earlier.
4.02
Starting the Work
A.
Contractor shall start to perform the Work on the date when the Contract Times commence
to run. No Work may be done at the Site prior to such date.
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4.03
Reference Points
A.
Owner shall provide engineering surveys to establish reference points for construction which
in Engineer’s judgment are necessary to enable Contractor to proceed with the Work.
Contractor shall be responsible for laying out the Work, shall protect and preserve the
established reference points and property monuments, and shall make no changes or
relocations without the prior written approval of Owner. Contractor shall report to Engineer
whenever any reference point or property monument is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for
the accurate replacement or relocation of such reference points or property monuments by
professionally qualified personnel.
4.04
Progress Schedule
A.
Contractor shall adhere to the Progress Schedule established in accordance with
Paragraph 2.05 as it may be adjusted from time to time as provided below.
1.
Contractor shall submit to Engineer for acceptance (to the extent indicated in
Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in
changing the Contract Times.
2.
Proposed adjustments in the Progress Schedule that will change the Contract Times must
be submitted in accordance with the requirements of Article 11.
B.
Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work will be delayed or postponed pending resolution of any
disputes or disagreements, or during any appeal process, except as permitted by
Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.
4.05
Delays in Contractor’s Progress
A.
If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes
with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in Contract Price or Contract Times.
B.
Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay,
disruption, or interference caused by or within the control of Contractor. Delay, disruption,
and interference attributable to and within the control of a Subcontractor or Supplier shall be
deemed to be within the control of Contractor.
C.
If Contractor’s performance or progress is delayed, disrupted, or interfered with by
unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those
for which they are responsible, then Contractor shall be entitled to an equitable adjustment
in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the
delays, disruption, and interference described in this paragraph. Causes of delay, disruption,
or interference that may give rise to an adjustment in Contract Times under this paragraph
include but are not limited to the following:
1.
Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and
earthquakes;
2.
Abnormal weather conditions;
3.
Acts or failures to act of third-party utility owners or other third-party entities (other than
those third-party utility owners or other third-party entities performing other work at or
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adjacent to the Site as arranged by or under contract with Owner, as contemplated in
Article 8); and
4.
Acts of war or terrorism.
D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as
follows:
1.
Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the
delay, disruption, or interference adversely affecting an activity on the critical path to
completion of the Work, as of the time of the delay, disruption, or interference.
2.
Contractor shall not be entitled to an adjustment in Contract Price for any delay,
disruption, or interference if such delay is concurrent with a delay, disruption, or
interference caused by or within the control of Contractor. Such a concurrent delay by
Contractor shall not preclude an adjustment of Contract Times to which Contractor is
otherwise entitled.
3.
Adjustments of Contract Times or Contract Price are subject to the provisions of
Article 11.
E.
Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract
Price must be supplemented by supporting data that sets forth in detail the following:
1.
The circumstances that form the basis for the requested adjustment;
2.
The date upon which each cause of delay, disruption, or interference began to affect the
progress of the Work;
3.
The date upon which each cause of delay, disruption, or interference ceased to affect the
progress of the Work;
4.
The number of days’ increase in Contract Times claimed as a consequence of each such
cause of delay, disruption, or interference; and
5.
The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.
Contractor shall also furnish such additional supporting documentation as Owner or Engineer
may require including, where appropriate, a revised progress schedule indicating all the
activities affected by the delay, disruption, or interference, and an explanation of the effect
of the delay, disruption, or interference on the critical path to completion of the Work.
F.
Delays, disruption, and interference to the performance or progress of the Work resulting
from the existence of a differing subsurface or physical condition, an Underground Facility
that was not shown or indicated by the Contract Documents, or not shown or indicated with
reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are
governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E.
G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress
of the Work resulting from the performance of certain other work at or adjacent to the Site.
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ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL
CONDITIONS
5.01
Availability of Lands
A.
Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or
restrictions not of general application but specifically related to use of the Site with which
Contractor must comply in performing the Work.
B.
Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which permanent improvements are
to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s
or construction lien against such lands in accordance with applicable Laws and Regulations.
C.
Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
5.02
Use of Site and Other Areas
A.
Limitation on Use of Site and Other Areas
1.
Contractor shall confine construction equipment, temporary construction facilities, the
storage of materials and equipment, and the operations of workers to the Site, adjacent
areas that Contractor has arranged to use through construction easements or otherwise,
and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably
encumber the Site and such other adjacent areas with construction equipment or other
materials or equipment. Contractor shall assume full responsibility for (a) damage to the
Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c)
damage to any other adjacent land or areas, or to improvements, structures, utilities, or
similar facilities located at such adjacent lands or areas; and (d) for injuries and losses
sustained by the owners or occupants of any such land or areas; provided that such
damage or injuries result from the performance of the Work or from other actions or
conduct of the Contractor or those for which Contractor is responsible.
2.
If a damage or injury claim is made by the owner or occupant of any such land or area
because of the performance of the Work, or because of other actions or conduct of the
Contractor or those for which Contractor is responsible, Contractor shall (a) take
immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b)
promptly attempt to settle the claim as to all parties through negotiations with such
owner or occupant, or otherwise resolve the claim by arbitration or other dispute
resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent
permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer,
and the officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them, from and against any such claim, and against all
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner, Engineer, or any other party
indemnified hereunder to the extent caused directly or indirectly, in whole or in part by,
or based upon, Contractor’s performance of the Work, or because of other actions or
conduct of the Contractor or those for which Contractor is responsible.
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B.
Removal of Debris During Performance of the Work: During the progress of the Work the
Contractor shall keep the Site and other adjacent areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish,
and other debris will conform to applicable Laws and Regulations.
C.
Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor
shall remove from the Site and adjacent areas all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Contractor subject any part
of the Work or adjacent structures or land to stresses or pressures that will endanger them.
5.03
Subsurface and Physical Conditions
A.
Reports and Drawings: The Supplementary Conditions identify:
1.
Those reports of explorations and tests of subsurface conditions at or adjacent to the Site
that contain Technical Data;
2.
Those drawings of existing physical conditions at or adjacent to the Site, including those
drawings depicting existing surface or subsurface structures at or adjacent to the Site
(except Underground Facilities), that contain Technical Data; and
3.
Technical Data contained in such reports and drawings.
B.
Underground Facilities: Underground Facilities are shown or indicated on the Drawings,
pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A.
Information and data regarding the presence or location of Underground Facilities are not
intended to be categorized, identified, or defined as Technical Data.
C.
Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the
Technical Data expressly identified in the Supplementary Conditions with respect to such
reports and drawings, but such reports and drawings are not Contract Documents. If no such
express identification has been made, then Contractor may rely upon the accuracy of the
Technical Data as defined in Paragraph 1.01.A.46.b.
D. Limitations of Other Data and Documents: Except for such reliance on Technical Data,
Contractor may not rely upon or make any claim against Owner or Engineer, or any of their
officers, directors, members, partners, employees, agents, consultants, or subcontractors,
with respect to:
1.
the completeness of such reports and drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor, and safety precautions and
programs incident thereto;
2.
other data, interpretations, opinions, and information contained in such reports or shown
or indicated in such drawings;
3.
the contents of other Site-related documents made available to Contractor, such as
record drawings from other projects at or adjacent to the Site, or Owner’s archival
documents concerning the Site; or
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4.
any Contractor interpretation of or conclusion drawn from any Technical Data or any such
other data, interpretations, opinions, or information.
5.04
Differing Subsurface or Physical Conditions
A.
Notice by Contractor: If Contractor believes that any subsurface or physical condition that is
uncovered or revealed at the Site:
1.
is of such a nature as to establish that any Technical Data on which Contractor is entitled
to rely as provided in Paragraph 5.03 is materially inaccurate;
2.
is of such a nature as to require a change in the Drawings or Specifications;
3.
differs materially from that shown or indicated in the Contract Documents; or
4.
is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing
the subsurface or physical conditions or performing any Work in connection therewith (except
in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about
such condition. Contractor shall not further disturb such condition or perform any Work in
connection therewith (except with respect to an emergency) until receipt of a written
statement permitting Contractor to do so.
B.
Engineer’s Review: After receipt of written notice as required by the preceding paragraph,
Engineer will promptly review the subsurface or physical condition in question; determine
whether it is necessary for Owner to obtain additional exploration or tests with respect to the
condition; conclude whether the condition falls within any one or more of the differing site
condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information
from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption
of Work in connection with the subsurface or physical condition in question and the need for
any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s
findings, conclusions, and recommendations.
C.
Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written
findings, conclusions, and recommendations, Owner shall issue a written statement to
Contractor (with a copy to Engineer) regarding the subsurface or physical condition in
question, addressing the resumption of Work in connection with such condition, indicating
whether any change in the Drawings or Specifications will be made, and adopting or rejecting
Engineer’s written findings, conclusions, and recommendations, in whole or in part.
D. Early Resumption of Work: If at any time Engineer determines that Work in connection with
the subsurface or physical condition in question may resume prior to completion of Engineer’s
review or Owner’s issuance of its statement to Contractor, because the condition in question
has been adequately documented, and analyzed on a preliminary basis, then the Engineer
may at its discretion instruct Contractor to resume such Work.
E.
Possible Price and Times Adjustments
1.
Contractor shall be entitled to an equitable adjustment in Contract Price or Contract
Times, to the extent that the existence of a differing subsurface or physical condition, or
any related delay, disruption, or interference, causes an increase or decrease in
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Contractor’s cost of, or time required for, performance of the Work; subject, however, to
the following:
a.
Such condition must fall within any one or more of the categories described in
Paragraph 5.04.A;
b.
With respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraph 13.03; and,
c.
Contractor’s entitlement to an adjustment of the Contract Times is subject to the
provisions of Paragraphs 4.05.D and 4.05.E.
2.
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times
with respect to a subsurface or physical condition if:
a.
Contractor knew of the existence of such condition at the time Contractor made a
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract, or otherwise;
b.
The existence of such condition reasonably could have been discovered or revealed
as a result of any examination, investigation, exploration, test, or study of the Site
and contiguous areas expressly required by the Bidding Requirements or Contract
Documents to be conducted by or for Contractor prior to Contractor’s making such
commitment; or
c.
Contractor failed to give the written notice required by Paragraph 5.04.A.
3.
If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or
extent of any adjustment in the Contract Price or Contract Times, then any such
adjustment will be set forth in a Change Order.
4.
Contractor may submit a Change Proposal regarding its entitlement to or the amount or
extent of any adjustment in the Contract Price or Contract Times, no later than 30 days
after Owner’s issuance of the Owner’s written statement to Contractor regarding the
subsurface or physical condition in question.
F.
Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights
and responsibilities regarding the presence or location of Underground Facilities.
Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental
Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or
location of Underground Facilities, or to Hazardous Environmental Conditions.
5.05
Underground Facilities
A.
Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary
Conditions, the cost of all of the following are included in the Contract Price, and Contractor
shall have full responsibility for:
1.
reviewing and checking all information and data regarding existing Underground Facilities
at the Site;
2.
complying with applicable state and local utility damage prevention Laws and
Regulations;
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3.
verifying the actual location of those Underground Facilities shown or indicated in the
Contract Documents as being within the area affected by the Work, by exposing such
Underground Facilities during the course of construction;
4.
coordination of the Work with the owners (including Owner) of such Underground
Facilities, during construction; and
5.
the safety and protection of all existing Underground Facilities at the Site, and repairing
any damage thereto resulting from the Work.
B.
Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or
revealed at the Site was not shown or indicated on the Drawings, or was not shown or
indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after
becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an emergency as required by
Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility.
C.
Engineer’s Review: Engineer will:
1.
promptly review the Underground Facility and conclude whether such Underground
Facility was not shown or indicated on the Drawings, or was not shown or indicated with
reasonable accuracy;
2.
identify and communicate with the owner of the Underground Facility; prepare
recommendations to Owner (and if necessary issue any preliminary instructions to
Contractor) regarding the Contractor’s resumption of Work in connection with the
Underground Facility in question;
3.
obtain any pertinent cost or schedule information from Contractor; determine the extent,
if any, to which a change is required in the Drawings or Specifications to reflect and
document the consequences of the existence or location of the Underground Facility; and
4.
advise Owner in writing of Engineer’s findings, conclusions, and recommendations.
During such time, Contractor shall be responsible for the safety and protection of such
Underground Facility.
D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s
written findings, conclusions, and recommendations, Owner shall issue a written statement
to Contractor (with a copy to Engineer) regarding the Underground Facility in question
addressing the resumption of Work in connection with such Underground Facility, indicating
whether any change in the Drawings or Specifications will be made, and adopting or rejecting
Engineer’s written findings, conclusions, and recommendations in whole or in part.
E.
Early Resumption of Work: If at any time Engineer determines that Work in connection with
the Underground Facility may resume prior to completion of Engineer’s review or Owner’s
issuance of its statement to Contractor, because the Underground Facility in question and
conditions affected by its presence have been adequately documented, and analyzed on a
preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such
Work.
F.
Possible Price and Times Adjustments
1.
Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract
Times, to the extent that any existing Underground Facility at the Site that was not shown
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or indicated on the Drawings, or was not shown or indicated with reasonable accuracy,
or any related delay, disruption, or interference, causes an increase or decrease in
Contractor’s cost of, or time required for, performance of the Work; subject, however, to
the following:
a.
With respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraph 13.03;
b.
Contractor’s entitlement to an adjustment of the Contract Times is subject to the
provisions of Paragraphs 4.05.D and 4.05.E; and
c.
Contractor gave the notice required in Paragraph 5.05.B.
2.
If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or
extent of any adjustment in the Contract Price or Contract Times, then any such
adjustment will be set forth in a Change Order.
3.
Contractor may submit a Change Proposal regarding its entitlement to or the amount or
extent of any adjustment in the Contract Price or Contract Times, no later than 30 days
after Owner’s issuance of the Owner’s written statement to Contractor regarding the
Underground Facility in question.
4.
The information and data shown or indicated on the Drawings with respect to existing
Underground Facilities at the Site is based on information and data (a) furnished by the
owners of such Underground Facilities, or by others, (b) obtained from available records,
or (c) gathered in an investigation conducted in accordance with the current edition of
ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data, by the American Society of Civil Engineers. If such information or data is incorrect
or incomplete, Contractor’s remedies are limited to those set forth in this
Paragraph 5.05.F.
5.06
Hazardous Environmental Conditions at Site
A.
Reports and Drawings: The Supplementary Conditions identify:
1.
those reports known to Owner relating to Hazardous Environmental Conditions that have
been identified at or adjacent to the Site;
2.
drawings known to Owner relating to Hazardous Environmental Conditions that have
been identified at or adjacent to the Site; and
3.
Technical Data contained in such reports and drawings.
B.
Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy
of the Technical Data expressly identified in the Supplementary Conditions with respect to
such reports and drawings, but such reports and drawings are not Contract Documents. If no
such express identification has been made, then Contractor may rely on the accuracy of the
Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical
Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of
their officers, directors, members, partners, employees, agents, consultants, or
subcontractors, with respect to:
1.
the completeness of such reports and drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods, techniques, sequences and procedures
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of construction to be employed by Contractor, and safety precautions and programs
incident thereto;
2.
other data, interpretations, opinions, and information contained in such reports or shown
or indicated in such drawings; or
3.
any Contractor interpretation of or conclusion drawn from any Technical Data or any such
other data, interpretations, opinions or information.
C.
Contractor shall not be responsible for removing or remediating any Hazardous
Environmental Condition encountered, uncovered, or revealed at the Site unless such
removal or remediation is expressly identified in the Contract Documents to be within the
scope of the Work.
D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents
of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for
whom Contractor is responsible, and for any associated costs; and for the costs of removing
and remediating any Hazardous Environmental Condition created by the presence of any such
Constituents of Concern.
E.
If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose
removal or remediation is not expressly identified in the Contract Documents as being within
the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates
a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or
otherwise isolate such condition; (2) stop all Work in connection with such condition and in
any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3)
notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner
shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified
expert to evaluate such condition or take corrective action, if any. Promptly after consulting
with Engineer, Owner shall take such actions as are necessary to permit Owner to timely
obtain required permits and provide Contractor the written notice required by
Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the
Hazardous Environmental Condition in question, then Owner may remove and remediate the
Hazardous Environmental Condition, and impose a set-off against payments to account for
the associated costs.
F.
Contractor shall not resume Work in connection with such Hazardous Environmental
Condition or in any affected area until after Owner has obtained any required permits related
thereto, and delivered written notice to Contractor either (1) specifying that such condition
and any affected area is or has been rendered safe for the resumption of Work, or (2)
specifying any special conditions under which such Work may be resumed safely.
G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any,
of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such
special conditions under which Work is agreed to be resumed by Contractor, or any costs or
expenses incurred in response to the Hazardous Environmental Condition, then within 30
days of Owner’s written notice regarding the resumption of Work, Contractor may submit a
Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is
subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.
H. If, after receipt of such written notice, Contractor does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
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conditions, then Owner may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work, following the contractual change procedures in
Article 11. Owner may have such deleted portion of the Work performed by Owner’s own
forces or others in accordance with Article 8.
I.
To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them, from
and against all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals, and all court, arbitration,
or other dispute resolution costs) arising out of or relating to a Hazardous Environmental
Condition, provided that such Hazardous Environmental Condition (1) was not shown or
indicated in the Drawings, Specifications, or other Contract Documents, identified as
Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the
Contract Documents to be included within the scope of the Work, and (2) was not created by
Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I
obligates Owner to indemnify any individual or entity from and against the consequences of
that individual’s or entity’s own negligence.
J.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants, and subcontractors of each and any of them, from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the failure to control, contain, or remove a
Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor
is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone
for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to
indemnify any individual or entity from and against the consequences of that individual’s or
entity’s own negligence.
K.
The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents
of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.
ARTICLE 6—BONDS AND INSURANCE
6.01
Performance, Payment, and Other Bonds
A.
Contractor shall furnish a performance bond and a payment bond, each in an amount at least
equal to the Contract Price, as security for the faithful performance and payment of
Contractor’s obligations under the Contract. These bonds must remain in effect until one year
after the date when final payment becomes due or until completion of the correction period
specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or
Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other
provisions of the Contract.
B.
Contractor shall also furnish such other bonds (if any) as are required by the Supplementary
Conditions or other provisions of the Contract.
C.
All bonds must be in the form included in the Bidding Documents or otherwise specified by
Owner prior to execution of the Contract, except as provided otherwise by Laws or
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Regulations, and must be issued and signed by a surety named in “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies” as published in Department Circular 570 (as amended and
supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond
signed by an agent or attorney-in-fact must be accompanied by a certified copy of that
individual’s authority to bind the surety. The evidence of authority must show that it is
effective on the date the agent or attorney-in-fact signed the accompanying bond.
D. Contractor shall obtain the required bonds from surety companies that are duly licensed or
authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the
required amounts.
E.
If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or
the surety ceases to meet the requirements above, then Contractor shall promptly notify
Owner and Engineer in writing and shall, within 20 days after the event giving rise to such
notification, provide another bond and surety, both of which must comply with the bond and
surety requirements above.
F.
If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from
the Site and exercise Owner’s termination rights under Article 16.
G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming
to have furnished labor, services, materials, or equipment used in the performance of the
Work, Owner shall provide a copy of the payment bond to such person or entity.
H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity
claiming to have furnished labor, services, materials, or equipment used in the performance
of the Work, Contractor shall provide a copy of the payment bond to such person or entity.
6.02
Insurance—General Provisions
A.
Owner and Contractor shall obtain and maintain insurance as required in this article and in
the Supplementary Conditions.
B.
All insurance required by the Contract to be purchased and maintained by Owner or
Contractor shall be obtained from insurance companies that are duly licensed or authorized
in the state or jurisdiction in which the Project is located to issue insurance policies for the
required limits and coverages. Unless a different standard is indicated in the Supplementary
Conditions, all companies that provide insurance policies required under this Contract shall
have an A.M. Best rating of A-VII or better.
C.
Alternative forms of insurance coverage, including but not limited to self-insurance and
“Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet
the insurance requirements of this Contract, unless expressly allowed in the Supplementary
Conditions.
D. Contractor shall deliver to Owner, with copies to each additional insured identified in the
Contract, certificates of insurance and endorsements establishing that Contractor has
obtained and is maintaining the policies and coverages required by the Contract. Upon
request by Owner or any other insured, Contractor shall also furnish other evidence of such
required insurance, including but not limited to copies of policies, documentation of
applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant
exclusions, and evidence of insurance required to be purchased and maintained by
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Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor,
Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing
information and (2) any wording specific to a project or jurisdiction other than those
applicable to this Contract.
E.
Owner shall deliver to Contractor, with copies to each additional insured identified in the
Contract, certificates of insurance and endorsements establishing that Owner has obtained
and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon
request by Contractor or any other insured, Owner shall also provide other evidence of such
required insurance (if any), including but not limited to copies of policies, documentation of
applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all
relevant exclusions. In any documentation furnished under this provision, Owner may block
out (redact) (1) any confidential premium or pricing information and (2) any wording specific
to a project or jurisdiction other than those relevant to this Contract.
F.
Failure of Owner or Contractor to demand such certificates or other evidence of the other
party’s full compliance with these insurance requirements, or failure of Owner or Contractor
to identify a deficiency in compliance from the evidence provided, will not be construed as a
waiver of the other party’s obligation to obtain and maintain such insurance.
G. In addition to the liability insurance required to be provided by Contractor, the Owner, at
Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability
policies, if any, operate separately and independently from policies required to be provided
by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of
Contractor’s obligations to the Owner, Engineer, or third parties.
H. Contractor shall require:
1.
Subcontractors to purchase and maintain worker’s compensation, commercial general
liability, and other insurance that is appropriate for their participation in the Project, and
to name as additional insureds Owner and Engineer (and any other individuals or entities
identified in the Supplementary Conditions as additional insureds on Contractor’s liability
policies) on each Subcontractor’s commercial general liability insurance policy; and
2.
Suppliers to purchase and maintain insurance that is appropriate for their participation in
the Project.
I.
If either party does not purchase or maintain the insurance required of such party by the
Contract, such party shall notify the other party in writing of such failure to purchase prior to
the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
J.
If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement
to enter or remain at the Site will end immediately, and Owner may impose an appropriate
set-off against payment for any associated costs (including but not limited to the cost of
purchasing necessary insurance coverage), and exercise Owner’s termination rights under
Article 16.
K.
Without prejudice to any other right or remedy, if a party has failed to obtain required
insurance, the other party may elect (but is in no way obligated) to obtain equivalent
insurance to protect such other party’s interests at the expense of the party who was required
to provide such coverage, and the Contract Price will be adjusted accordingly.
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L.
Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is
responsible for determining whether such coverage and limits are adequate to protect its
interests, and for obtaining and maintaining any additional insurance that Contractor deems
necessary.
M. The insurance and insurance limits required herein will not be deemed as a limitation on
Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted
to Owner and other individuals and entities in the Contract or otherwise.
N. All the policies of insurance required to be purchased and maintained under this Contract will
contain a provision or endorsement that the coverage afforded will not be canceled, or
renewal refused, until at least 10 days prior written notice has been given to the purchasing
policyholder. Within three days of receipt of any such written notice, the purchasing
policyholder shall provide a copy of the notice to each other insured and Engineer.
6.03
Contractor’s Insurance
A.
Required Insurance: Contractor shall purchase and maintain Worker’s Compensation,
Commercial General Liability, and other insurance pursuant to the specific requirements of
the Supplementary Conditions.
B.
General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented
must:
1.
include at least the specific coverages required;
2.
be written for not less than the limits provided, or those required by Laws or Regulations,
whichever is greater;
3.
remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D),
and longer if expressly required elsewhere in this Contract, and at all times thereafter
when Contractor may be correcting, removing, or replacing defective Work as a warranty
or correction obligation, or otherwise, or returning to the Site to conduct other tasks
arising from the Contract;
4.
apply with respect to the performance of the Work, whether such performance is by
Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed
by any of them to perform any of the Work, or by anyone for whose acts any of them may
be liable; and
5.
include all necessary endorsements to support the stated requirements.
C.
Additional Insureds: The Contractor’s commercial general liability, automobile liability,
employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle
liability policies, if required by this Contract, must:
1.
include and list as additional insureds Owner and Engineer, and any individuals or entities
identified as additional insureds in the Supplementary Conditions;
2.
include coverage for the respective officers, directors, members, partners, employees,
and consultants of all such additional insureds;
3.
afford primary coverage to these additional insureds for all claims covered thereby
(including as applicable those arising from both ongoing and completed operations);
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4.
not seek contribution from insurance maintained by the additional insured; and
5.
as to commercial general liability insurance, apply to additional insureds with respect to
liability caused in whole or in part by Contractor’s acts or omissions, or the acts and
omissions of those working on Contractor’s behalf, in the performance of Contractor’s
operations.
6.04
Builder’s Risk and Other Property Insurance
A.
Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall
purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in
the amount of the Work’s full insurable replacement cost (subject to such deductible amounts
as may be provided in the Supplementary Conditions or required by Laws and Regulations).
The specific requirements applicable to the builder’s risk insurance are set forth in the
Supplementary Conditions.
B.
Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for
obtaining and maintaining property insurance covering each existing structure, building, or
facility in which any part of the Work will occur, or to which any part of the Work will attach
or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a
replacement cost basis, providing coverage consistent with that required for the builder’s risk
insurance, and will be maintained until the Work is complete, as set forth in
Paragraph 15.06.D.
C.
Property Insurance for Substantially Complete Facilities: Promptly after Substantial
Completion, and before actual occupancy or use of the substantially completed Work, Owner
will obtain property insurance for such substantially completed Work, and maintain such
property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such
property insurance will be written on a special perils (all-risk) form, on a replacement cost
basis, and provide coverage consistent with that required for the builder’s risk insurance. The
builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of
such property insurance.
D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the
Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then
Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will
provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an
endorsement consenting to the continuation of coverage prior to commencing such partial
occupancy or use.
E.
Insurance of Other Property; Additional Insurance: If the express insurance provisions of the
Contract do not require or address the insurance of a property item or interest, then the entity
or individual owning such property item will be responsible for insuring it. If Contractor elects
to obtain other special insurance to be included in or supplement the builder’s risk or property
insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense.
6.05
Property Losses; Subrogation
A.
The builder’s risk insurance policy purchased and maintained in accordance with
Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary
Conditions), will contain provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any insureds thereunder, or against
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Engineer or its consultants, or their officers, directors, members, partners, employees, agents,
consultants, or subcontractors.
1.
Owner and Contractor waive all rights against each other and the respective officers,
directors, members, partners, employees, agents, consultants, and subcontractors of
each and any of them, for all losses and damages caused by, arising out of, or resulting
from any of the perils, risks, or causes of loss covered by such policies and any other
property insurance applicable to the Work; and, in addition, waive all such rights against
Engineer, its consultants, all individuals or entities identified in the Supplementary
Conditions as builder’s risk or installation floater insureds, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any
of them, under such policies for losses and damages so caused.
2.
None of the above waivers extends to the rights that any party making such waiver may
have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or
otherwise payable under any policy so issued.
B.
Any property insurance policy maintained by Owner covering any loss, damage, or
consequential loss to Owner’s existing structures, buildings, or facilities in which any part of
the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent
structures, buildings, or facilities of Owner; or to part or all of the completed or substantially
completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after
Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to
Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss
or damage the insurer will have no rights of recovery against any insureds thereunder, or
against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners,
employees, agents, consultants, or subcontractors of each and any of them, and that the
insured is allowed to waive the insurer’s rights of subrogation in a written contract executed
prior to the loss, damage, or consequential loss.
1.
Owner waives all rights against Contractor, Subcontractors, and Engineer, and the
officers,
directors,
members,
partners,
employees,
agents,
consultants
and
subcontractors of each and any of them, for all losses and damages caused by, arising out
of, or resulting from fire or any of the perils, risks, or causes of loss covered by such
policies.
C.
The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption,
loss of use, or other consequential loss extending beyond direct physical loss or damage to
Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured
peril, risk, or cause of loss.
D. Contractor shall be responsible for assuring that each Subcontract contains provisions
whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or
entities identified in the Supplementary Conditions as insureds, the Engineer and its
consultants, and the officers, directors, members, partners, employees, agents, consultants,
and subcontractors of each and any of them, for all losses and damages caused by, arising out
of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s
risk insurance, installation floater, and any other property insurance applicable to the Work.
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6.06
Receipt and Application of Property Insurance Proceeds
A.
Any insured loss under the builder’s risk and other policies of property insurance required by
Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy.
Such named insured shall act as fiduciary for the other insureds, and give notice to such other
insureds that adjustment and settlement of a claim is in progress. Any other insured may state
its position regarding a claim for insured loss in writing within 15 days after notice of such
claim.
B.
Proceeds for such insured losses may be made payable by the insurer either jointly to multiple
insureds, or to the named insured that purchased the policy in its own right and as fiduciary
for other insureds, subject to the requirements of any applicable mortgage clause. A named
insured receiving insurance proceeds under the builder’s risk and other policies of insurance
required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and
distribute such proceeds in accordance with such agreement as the parties in interest may
reach, or as otherwise required under the dispute resolution provisions of this Contract or
applicable Laws and Regulations.
C.
If no other special agreement is reached, Contractor shall repair or replace the damaged
Work, using allocated insurance proceeds.
ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES
7.01
Contractor’s Means and Methods of Construction
A.
Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction.
B.
If the Contract Documents note, or Contractor determines, that professional engineering or
other design services are needed to carry out Contractor’s responsibilities for construction
means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor
shall cause such services to be provided by a properly licensed design professional, at
Contractor’s expense. Such services are not Owner-delegated professional design services
under this Contract, and neither Owner nor Engineer has any responsibility with respect to
(1) Contractor’s determination of the need for such services, (2) the qualifications or licensing
of the design professionals retained or employed by Contractor, (3) the performance of such
services, or (4) any errors, omissions, or defects in such services.
7.02
Supervision and Superintendence
A.
Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents.
B.
At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who will not be replaced without written notice to Owner and Engineer
except under extraordinary circumstances.
7.03
Labor; Working Hours
A.
Contractor shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. Contractor shall
maintain good discipline and order at the Site.
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B.
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of
Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any
other individuals or entities performing or furnishing any of the Work, just as Contractor is
responsible for Contractor’s own acts and omissions.
C.
Except as otherwise required for the safety or protection of persons or the Work or property
at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all
Work at the Site will be performed during regular working hours, Monday through Friday.
Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may
perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only
with Owner’s written consent, which will not be unreasonably withheld.
7.04
Services, Materials, and Equipment
A.
Unless otherwise specified in the Contract Documents, Contractor shall provide and assume
full responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, testing, start up, and completion of the Work, whether or not such items are
specifically called for in the Contract Documents.
B.
All materials and equipment incorporated into the Work must be new and of good quality,
except as otherwise provided in the Contract Documents. All special warranties and
guarantees required by the Specifications will expressly run to the benefit of Owner. If
required by Engineer, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
C.
All materials and equipment must be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise may be provided in the Contract Documents.
7.05
“Or Equals”
A.
Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is
specified or described in the Contract Documents by using the names of one or more
proprietary items or specific Suppliers, the Contract Price has been based upon Contractor
furnishing such item as specified. The specification or description of such an item is intended
to establish the type, function, appearance, and quality required. Unless the specification or
description contains or is followed by words reading that no like, equivalent, or “or equal”
item is permitted, Contractor may request that Engineer authorize the use of other items of
equipment or material, or items from other proposed Suppliers, under the circumstances
described below.
1.
If Engineer in its sole discretion determines that an item of equipment or material
proposed by Contractor is functionally equal to that named and sufficiently similar so that
no change in related Work will be required, Engineer will deem it an “or equal” item. For
the purposes of this paragraph, a proposed item of equipment or material will be
considered functionally equal to an item so named if:
a.
in the exercise of reasonable judgment Engineer determines that the proposed item:
1)
is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2)
will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole;
3)
has a proven record of performance and availability of responsive service; and
4)
is not objectionable to Owner.
b.
Contractor certifies that, if the proposed item is approved and incorporated into the
Work:
1)
there will be no increase in cost to the Owner or increase in Contract Times; and
2)
the item will conform substantially to the detailed requirements of the item
named in the Contract Documents.
B.
Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal”
item at Contractor’s expense.
C.
Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data
about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-
equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete
and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by
an approved Shop Drawing or other written communication. Engineer will advise Contractor
in writing of any negative determination.
D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will
result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be
final and binding, and may not be reversed through an appeal under any provision of the
Contract.
E.
Treatment as a Substitution Request: If Engineer determines that an item of equipment or
material proposed by Contractor does not qualify as an “or-equal” item, Contractor may
request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06.
7.06
Substitutes
A.
Contractor’s Request; Governing Criteria: Unless the specification or description of an item of
equipment or material required to be furnished under the Contract Documents contains or is
followed by words reading that no substitution is permitted, Contractor may request that
Engineer authorize the use of other items of equipment or material under the circumstances
described below. To the extent possible such requests must be made before commencement
of related construction at the Site.
1.
Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is functionally equivalent to that
named and an acceptable substitute therefor. Engineer will not accept requests for
review of proposed substitute items of equipment or material from anyone other than
Contractor.
2.
The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as
supplemented by the Specifications, and as Engineer may decide is appropriate under the
circumstances.
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3.
Contractor shall make written application to Engineer for review of a proposed substitute
item of equipment or material that Contractor seeks to furnish or use. The application:
a.
will certify that the proposed substitute item will:
1)
perform adequately the functions and achieve the results called for by the
general design;
2)
be similar in substance to the item specified; and
3)
be suited to the same use as the item specified.
b.
will state:
1)
the extent, if any, to which the use of the proposed substitute item will
necessitate a change in Contract Times;
2)
whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item; and
3)
whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty.
c.
will identify:
1)
all variations of the proposed substitute item from the item specified; and
2)
available engineering, sales, maintenance, repair, and replacement services.
d.
will contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including but not limited to changes in
Contract Price, shared savings, costs of redesign, and claims of other contractors
affected by any resulting change.
B.
Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each substitute request, and to obtain comments and direction from Owner.
Engineer may require Contractor to furnish additional data about the proposed substitute
item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished,
installed, or utilized until Engineer’s review is complete and Engineer determines that the
proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a
Field Order or a proposed Change Order accounting for the substitution itself and all related
impacts, including changes in Contract Price or Contract Times. Engineer will advise
Contractor in writing of any negative determination.
C.
Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special
performance guarantee or other surety with respect to any substitute.
D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a
substitute proposed or submitted by Contractor. Whether or not Engineer approves a
substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the
reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall
also reimburse Owner for the reasonable charges of Engineer for making changes in the
Contract Documents (or in the provisions of any other direct contract with Owner) resulting
from the acceptance of each proposed substitute.
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E.
Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute
at Contractor’s expense.
F.
Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor
shall execute the proposed Change Order and proceed with the substitution. The Engineer’s
denial of a substitution request will be final and binding, and may not be reversed through an
appeal under any provision of the Contract. Contractor may challenge the scope of
reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change
Proposal.
7.07
Concerning Subcontractors and Suppliers
A.
Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work.
Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention
of a Subcontractor or Supplier for the performance of parts of the Work will not relieve
Contractor’s obligation to Owner to perform and complete the Work in accordance with the
Contract Documents.
B.
Contractor shall retain specific Subcontractors and Suppliers for the performance of
designated parts of the Work if required by the Contract to do so.
C.
Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the
Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish
or perform any of the Work against which Contractor has reasonable objection.
D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to
Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already
deemed such proposed Subcontractor or Supplier acceptable during the bidding process or
otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner
unless Owner raises a substantive, reasonable objection within 5 days.
E.
Owner may require the replacement of any Subcontractor or Supplier. Owner also may
require Contractor to retain specific replacements; provided, however, that Owner may not
require a replacement to which Contractor has a reasonable objection. If Contractor has
submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and
Owner has accepted it (either in writing or by failing to make written objection thereto), then
Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so
identified solely on the basis of substantive, reasonable objection after due investigation.
Contractor shall submit an acceptable replacement for the rejected Subcontractor or
Supplier.
F.
If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor
to perform any part of the Work, then Contractor shall be entitled to an adjustment in
Contract Price or Contract Times, with respect to the replacement; and Contractor shall
initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of
replacement.
G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a
replacement, will constitute a waiver of the right of Owner to the completion of the Work in
accordance with the Contract Documents.
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H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors
and Suppliers having a direct contract with Contractor, and of all other Subcontractors and
Suppliers known to Contractor at the time of submittal.
I.
Contractor shall be solely responsible for scheduling and coordinating the work of
Subcontractors and Suppliers.
J.
The divisions and sections of the Specifications and the identifications of any Drawings do not
control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating
the Work to be performed by any specific trade.
K.
All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an
appropriate contractual agreement that specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract for the benefit of Owner and Engineer.
L.
Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information
about amounts paid to Contractor for Work performed for Contractor by the Subcontractor
or Supplier.
M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer
or Owner, except through Contractor or in case of an emergency, or as otherwise expressly
allowed in this Contract.
7.08
Patent Fees and Royalties
A.
Contractor shall pay all license fees and royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, design,
process, product, or device which is the subject of patent rights or copyrights held by others.
If an invention, design, process, product, or device is specified in the Contract Documents for
use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its
use is subject to patent rights or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights will be disclosed in the Contract Documents.
B.
To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors, from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution costs) arising out of or
relating to any infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention,
design, process, product, or device specified in the Contract Documents, but not identified as
being subject to payment of any license fee or royalty to others required by patent rights or
copyrights.
C.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them, from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any infringement of patent rights or copyrights
incident to the use in the performance of the Work or resulting from the incorporation in the
Work of any invention, design, process, product, or device not specified in the Contract
Documents.
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7.09
Permits
A.
Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all
construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor,
when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work which are applicable
at the time of the submission of Contractor’s Bid (or when Contractor became bound under a
negotiated contract). Owner shall pay all charges of utility owners for connections for
providing permanent service to the Work.
7.10
Taxes
A.
Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
7.11
Laws and Regulations
A.
Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible
for monitoring Contractor’s compliance with any Laws or Regulations.
B.
If Contractor performs any Work or takes any other action knowing or having reason to know
that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses,
and shall indemnify and hold harmless Owner and Engineer, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, from and against all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such Work or other
action. It is not Contractor’s responsibility to make certain that the Work described in the
Contract Documents is in accordance with Laws and Regulations, but this does not relieve
Contractor of its obligations under Paragraph 3.03.
C.
Owner or Contractor may give written notice to the other party of any changes after the
submission of Contractor’s Bid (or after the date when Contractor became bound under a
negotiated contract) in Laws or Regulations having an effect on the cost or time of
performance of the Work, including but not limited to changes in Laws or Regulations having
an effect on procuring permits and on sales, use, value-added, consumption, and other similar
taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or Contract Times resulting from such
changes, then within 30 days of such written notice Contractor may submit a Change
Proposal, or Owner may initiate a Claim.
7.12
Record Documents
A.
Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written
interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such
record documents in good order and annotate them to show changes made during
construction. These record documents, together with all approved Samples, will be available
to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record
documents to Engineer.
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7.13
Safety and Protection
A.
Contractor shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance
of their work, nor for compliance with applicable safety Laws and Regulations.
B.
Contractor shall designate a qualified and experienced safety representative whose duties
and responsibilities are the prevention of Work-related accidents and the maintenance and
supervision of safety precautions and programs.
C.
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury, or loss to:
1.
all persons on the Site or who may be affected by the Work;
2.
all the Work and materials and equipment to be incorporated therein, whether in storage
on or off the Site; and
3.
other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, other work in progress, utilities, and Underground
Facilities not designated for removal, relocation, or replacement in the course of
construction.
D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3
caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier,
or any other individual or entity directly or indirectly employed by any of them to perform
any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by
Contractor at its expense (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any
of them, or anyone for whose acts any of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor,
Supplier, or other individual or entity directly or indirectly employed by any of them).
E.
Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss;
and shall erect and maintain all necessary safeguards for such safety and protection.
F.
Contractor shall notify Owner; the owners of adjacent property; the owners of Underground
Facilities and other utilities (if the identity of such owners is known to Contractor); and other
contractors and utility owners performing work at or adjacent to the Site, in writing, when
Contractor knows that prosecution of the Work may affect them, and shall cooperate with
them in the protection, removal, relocation, and replacement of their property or work in
progress.
G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any.
Any Owner’s safety programs that are applicable to the Work are identified or included in the
Supplementary Conditions or Specifications.
H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s
safety program with which Owner’s and Engineer’s employees and representatives must
comply while at the Site.
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I.
Contractor’s duties and responsibilities for safety and protection will continue until all the
Work is completed, Engineer has issued a written notice to Owner and Contractor in
accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the
Site (except as otherwise expressly provided in connection with Substantial Completion).
J.
Contractor’s duties and responsibilities for safety and protection will resume whenever
Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction
obligations, or to conduct other tasks arising from the Contract Documents.
7.14
Hazard Communication Programs
A.
Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly
known as material safety data sheets) or other hazard communication information required
to be made available to or exchanged between or among employers at the Site in accordance
with Laws or Regulations.
7.15
Emergencies
A.
In emergencies affecting the safety or protection of persons or the Work or property at the
Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused by an
emergency, or are required as a result of Contractor’s response to an emergency. If Engineer
determines that a change in the Contract Documents is required because of an emergency or
Contractor’s response, a Work Change Directive or Change Order will be issued.
7.16
Submittals
A.
Shop Drawing and Sample Requirements
1.
Before submitting a Shop Drawing or Sample, Contractor shall:
a.
review and coordinate the Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b.
determine and verify:
1)
all field measurements, quantities, dimensions, specified performance and design
criteria, installation requirements, materials, catalog numbers, and similar
information with respect to the Submittal;
2)
the suitability of all materials and equipment offered with respect to the indicated
application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
3)
all information relative to Contractor’s responsibilities for means, methods,
techniques, sequences, and procedures of construction, and safety precautions
and programs incident thereto;
c.
confirm that the Submittal is complete with respect to all related data included in the
Submittal.
2.
Each Shop Drawing or Sample must bear a stamp or specific written certification that
Contractor has satisfied Contractor’s obligations under the Contract Documents with
respect to Contractor’s review of that Submittal, and that Contractor approves the
Submittal.
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3.
With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice
of any variations that the Submittal may have from the requirements of the Contract
Documents. This notice must be set forth in a written communication separate from the
Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on
the Shop Drawing itself.
B.
Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop
Drawings and Samples to Engineer for review and approval in accordance with the accepted
Schedule of Submittals.
1.
Shop Drawings
a.
Contractor shall submit the number of copies required in the Specifications.
b.
Data shown on the Shop Drawings must be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data to
show Engineer the services, materials, and equipment Contractor proposes to
provide, and to enable Engineer to review the information for the limited purposes
required by Paragraph 7.16.C.
2.
Samples
a.
Contractor shall submit the number of Samples required in the Specifications.
b.
Contractor shall clearly identify each Sample as to material, Supplier, pertinent data
such as catalog numbers, the use for which intended and other data as Engineer may
require to enable Engineer to review the Submittal for the limited purposes required
by Paragraph 7.16.C.
3.
Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule
of Submittals, any related Work performed prior to Engineer’s review and approval of the
pertinent submittal will be at the sole expense and responsibility of Contractor.
C.
Engineer’s Review of Shop Drawings and Samples
1.
Engineer will provide timely review of Shop Drawings and Samples in accordance with the
accepted Schedule of Submittals. Engineer’s review and approval will be only to
determine if the items covered by the Submittals will, after installation or incorporation
in the Work, comply with the requirements of the Contract Documents, and be
compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
2.
Engineer’s review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction, or to safety precautions or programs incident
thereto.
3.
Engineer’s review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
4.
Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor
from responsibility for any variation from the requirements of the Contract Documents
unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and
Engineer has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will
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document any such approved variation from the requirements of the Contract
Documents in a Field Order or other appropriate Contract modification.
5.
Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor
from responsibility for complying with the requirements of Paragraphs 7.16.A and B.
6.
Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the
requirements of the Contract Documents, will not, under any circumstances, change the
Contract Times or Contract Price, unless such changes are included in a Change Order.
7.
Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample
will result in such item becoming a Contract Document.
8.
Contractor shall perform the Work in compliance with the requirements and
commitments set forth in approved Shop Drawings and Samples, subject to the provisions
of Paragraph 7.16.C.4.
D. Resubmittal Procedures for Shop Drawings and Samples
1.
Contractor shall make corrections required by Engineer and shall return the required
number of corrected copies of Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions other
than the corrections called for by Engineer on previous Submittals.
2.
Contractor shall furnish required Shop Drawing and Sample submittals with sufficient
information and accuracy to obtain required approval of an item with no more than two
resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent
resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for
Engineer’s charges to Owner for such time. Owner may impose a set-off against payments
due Contractor to secure reimbursement for such charges.
3.
If Contractor requests a change of a previously approved Shop Drawing or Sample,
Contractor shall be responsible for Engineer’s charges to Owner for its review time, and
Owner may impose a set-off against payments due Contractor to secure reimbursement
for such charges, unless the need for such change is beyond the control of Contractor.
E.
Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs
1.
The following provisions apply to all Submittals other than Shop Drawings, Samples, and
Owner-delegated designs:
a.
Contractor shall submit all such Submittals to the Engineer in accordance with the
Schedule of Submittals and pursuant to the applicable terms of the Contract
Documents.
b.
Engineer will provide timely review of all such Submittals in accordance with the
Schedule of Submittals and return such Submittals with a notation of either Accepted
or Not Accepted. Any such Submittal that is not returned within the time established
in the Schedule of Submittals will be deemed accepted.
c.
Engineer’s review will be only to determine if the Submittal is acceptable under the
requirements of the Contract Documents as to general form and content of the
Submittal.
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d.
If any such Submittal is not accepted, Contractor shall confer with Engineer regarding
the reason for the non-acceptance, and resubmit an acceptable document.
2.
Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of
Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05.
F.
Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by
the provisions of Paragraph 7.19.
7.17
Contractor’s General Warranty and Guarantee
A.
Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s
warranty and guarantee.
B.
Owner’s rights under this warranty and guarantee are in addition to, and are not limited by,
Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which
Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited
only by applicable Laws and Regulations restricting actions to enforce such rights; provided,
however, that after the end of the correction period under Paragraph 15.08:
1.
Owner shall give Contractor written notice of any defective Work within 60 days of the
discovery that such Work is defective; and
2.
Such notice will be deemed the start of an event giving rise to a Claim under
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the
notice.
C.
Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1.
abuse, or improper modification, maintenance, or operation, by persons other than
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or
2.
normal wear and tear under normal usage.
D. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents is absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents, a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents, or a release of Owner’s
warranty and guarantee rights under this Paragraph 7.17:
1.
Observations by Engineer;
2.
Recommendation by Engineer or payment by Owner of any progress or final payment;
3.
The issuance of a certificate of Substantial Completion by Engineer or any payment
related thereto by Owner;
4.
Use or occupancy of the Work or any part thereof by Owner;
5.
Any review and approval of a Shop Drawing or Sample submittal;
6.
The issuance of a notice of acceptability by Engineer;
7.
The end of the correction period established in Paragraph 15.08;
8.
Any inspection, test, or approval by others; or
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9.
Any correction of defective Work by Owner.
E.
If the Contract requires the Contractor to accept the assignment of a contract entered into by
Owner, then the specific warranties, guarantees, and correction obligations contained in the
assigned contract will govern with respect to Contractor’s performance obligations to Owner
for the Work described in the assigned contract.
7.18
Indemnification
A.
To the fullest extent permitted by Laws and Regulations, and in addition to any other
obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them, from losses,
damages, costs, and judgments (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court or arbitration or other dispute
resolution costs) arising from third-party claims or actions relating to or resulting from the
performance or furnishing of the Work, provided that any such claim, action, loss, cost,
judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage
to or destruction of tangible property (other than the Work itself), including the loss of use
resulting therefrom, but only to the extent caused by any negligent act or omission of
Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or anyone for whose acts any of them
may be liable.
B.
In any and all claims against Owner or Engineer, or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor
or personal representative of such employee) of Contractor, any Subcontractor, any Supplier,
or any individual or entity directly or indirectly employed by any of them to perform any of
the Work, or anyone for whose acts any of them may be liable, the indemnification obligation
under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type
of damages, compensation, or benefits payable by or for Contractor or any such
Subcontractor, Supplier, or other individual or entity under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.
7.19
Delegation of Professional Design Services
A.
Owner may require Contractor to provide professional design services for a portion of the
Work by express delegation in the Contract Documents. Such delegation will specify the
performance and design criteria that such services must satisfy, and the Submittals that
Contractor must furnish to Engineer with respect to the Owner-delegated design.
B.
Contractor shall cause such Owner-delegated professional design services to be provided
pursuant to the professional standard of care by a properly licensed design professional,
whose signature and seal must appear on all drawings, calculations, specifications,
certifications, and Submittals prepared by such design professional. Such design professional
must issue all certifications of design required by Laws and Regulations.
C.
If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by
Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or
other Submittal must bear the written approval of Contractor’s design professional when
submitted by Contractor to Engineer.
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D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness
of the services, certifications, and approvals performed or provided by the design
professionals retained or employed by Contractor under an Owner-delegated design, subject
to the professional standard of care and the performance and design criteria stated in the
Contract Documents.
E.
Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations
regarding design drawings, calculations, specifications, certifications, and other Submittals
furnished by Contractor pursuant to an Owner-delegated design will be only for the following
limited purposes:
1.
Checking for conformance with the requirements of this Paragraph 7.19;
2.
Confirming that Contractor (through its design professionals) has used the performance
and design criteria specified in the Contract Documents; and
3.
Establishing that the design furnished by Contractor is consistent with the design concept
expressed in the Contract Documents.
F.
Contractor shall not be responsible for the adequacy of performance or design criteria
specified by Owner or Engineer.
G. Contractor is not required to provide professional services in violation of applicable Laws and
Regulations.
ARTICLE 8—OTHER WORK AT THE SITE
8.01
Other Work
A.
In addition to and apart from the Work under the Contract Documents, the Owner may
perform other work at or adjacent to the Site. Such other work may be performed by Owner’s
employees, or through contracts between the Owner and third parties. Owner may also
arrange to have third-party utility owners perform work on their utilities and facilities at or
adjacent to the Site.
B.
If Owner performs other work at or adjacent to the Site with Owner’s employees, or through
contracts for such other work, then Owner shall give Contractor written notice thereof prior
to starting any such other work. If Owner has advance information regarding the start of any
third-party utility work that Owner has arranged to take place at or adjacent to the Site,
Owner shall provide such information to Contractor.
C.
Contractor shall afford proper and safe access to the Site to each contractor that performs
such other work, each utility owner performing other work, and Owner, if Owner is
performing other work with Owner’s employees, and provide a reasonable opportunity for
the introduction and storage of materials and equipment and the execution of such other
work.
D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate
with such other work. Contractor shall not endanger any work of others by cutting,
excavating, or otherwise altering such work; provided, however, that Contractor may cut or
alter others' work with the written consent of Engineer and the others whose work will be
affected.
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E.
If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor’s Work.
Contractor’s failure to so report will constitute an acceptance of such other work as fit and
proper for integration with Contractor’s Work except for latent defects and deficiencies in
such other work.
F.
The provisions of this article are not applicable to work that is performed by third-party
utilities or other third-party entities without a contract with Owner, or that is performed
without having been arranged by Owner. If such work occurs, then any related delay,
disruption, or interference incurred by Contractor is governed by the provisions of
Paragraph 4.05.C.3.
8.02
Coordination
A.
If Owner intends to contract with others for the performance of other work at or adjacent to
the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to
arrange to have utility owners perform work at or adjacent to the Site, the following will be
set forth in the Supplementary Conditions or provided to Contractor prior to the start of any
such other work:
1.
The identity of the individual or entity that will have authority and responsibility for
coordination of the activities among the various contractors;
2.
An itemization of the specific matters to be covered by such authority and responsibility;
and
3.
The extent of such authority and responsibilities.
B.
Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority
and responsibility for such coordination.
8.03
Legal Relationships
A.
If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s
employees, any other contractor working for Owner, or any utility owner that Owner has
arranged to perform work, causes damage to the Work or to the property of Contractor or its
Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the
performance of the Work, through actions or inaction, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any
Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times
under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering
event. The entitlement to, and extent of, any such equitable adjustment will take into account
information (if any) regarding such other work that was provided to Contractor in the Contract
Documents prior to the submittal of the Bid or the final negotiation of the terms of the
Contract, and any remedies available to Contractor under Laws or Regulations concerning
utility action or inaction. When applicable, any such equitable adjustment in Contract Price
will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other
contractor or utility owner with respect to the damage, delay, disruption, or interference that
is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract
Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E.
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B.
Contractor shall take reasonable and customary measures to avoid damaging, delaying,
disrupting, or interfering with the work of Owner, any other contractor, or any utility owner
performing other work at or adjacent to the Site.
1.
If Contractor fails to take such measures and as a result damages, delays, disrupts, or
interferes with the work of any such other contractor or utility owner, then Owner may
impose a set-off against payments due Contractor, and assign to such other contractor or
utility owner the Owner’s contractual rights against Contractor with respect to the breach
of the obligations set forth in this Paragraph 8.03.B.
2.
When Owner is performing other work at or adjacent to the Site with Owner’s employees,
Contractor shall be liable to Owner for damage to such other work, and for the reasonable
direct delay, disruption, and interference costs incurred by Owner as a result of
Contractor’s failure to take reasonable and customary measures with respect to Owner’s
other work. In response to such damage, delay, disruption, or interference, Owner may
impose a set-off against payments due Contractor.
C.
If Contractor damages, delays, disrupts, or interferes with the work of any other contractor,
or any utility owner performing other work at or adjacent to the Site, through Contractor’s
failure to take reasonable and customary measures to avoid such impacts, or if any claim
arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or
adjacent to the Site is made by any such other contractor or utility owner against Contractor,
Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all
parties through negotiations with such other contractor or utility owner, or otherwise resolve
the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify
and hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them from and against
any such claims, and against all costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such damage, delay,
disruption, or interference.
ARTICLE 9—OWNER’S RESPONSIBILITIES
9.01
Communications to Contractor
A.
Except as otherwise provided in these General Conditions, Owner shall issue all
communications to Contractor through Engineer.
9.02
Replacement of Engineer
A.
Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor
makes no reasonable objection to the replacement engineer. The replacement engineer’s
status under the Contract Documents will be that of the former Engineer.
9.03
Furnish Data
A.
Owner shall promptly furnish the data required of Owner under the Contract Documents.
9.04
Pay When Due
A.
Owner shall make payments to Contractor when they are due as provided in the Agreement.
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9.05
Lands and Easements; Reports, Tests, and Drawings
A.
Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.
B.
Owner’s duties with respect to providing engineering surveys to establish reference points
are set forth in Paragraph 4.03.
C.
Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of
explorations and tests of conditions at the Site, and drawings of physical conditions relating
to existing surface or subsurface structures at the Site.
9.06
Insurance
A.
Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and
property insurance are set forth in Article 6.
9.07
Change Orders
A.
Owner’s responsibilities with respect to Change Orders are set forth in Article 11.
9.08
Inspections, Tests, and Approvals
A.
Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 14.02.B.
9.09
Limitations on Owner’s Responsibilities
A.
The Owner shall not supervise, direct, or have control or authority over, nor be responsible
for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or
the safety precautions and programs incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the performance of the Work. Owner will not
be responsible for Contractor’s failure to perform the Work in accordance with the Contract
Documents.
9.10
Undisclosed Hazardous Environmental Condition
A.
Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 5.06.
9.11
Evidence of Financial Arrangements
A.
Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that
financial arrangements have been made to satisfy Owner’s obligations under the Contract
(including obligations under proposed changes in the Work).
9.12
Safety Programs
A.
While at the Site, Owner’s employees and representatives shall comply with the specific
applicable requirements of Contractor’s safety programs of which Owner has been informed.
B.
Owner shall furnish copies of any applicable Owner safety programs to Contractor.
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ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION
10.01
Owner’s Representative
A.
Engineer will be Owner’s representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner’s representative during
construction are set forth in the Contract.
10.02
Visits to Site
A.
Engineer will make visits to the Site at intervals appropriate to the various stages of
construction as Engineer deems necessary in order to observe, as an experienced and
qualified design professional, the progress that has been made and the quality of the various
aspects of Contractor’s executed Work. Based on information obtained during such visits and
observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is
proceeding in accordance with the Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of
confidence that the completed Work will conform generally to the Contract Documents. On
the basis of such visits and observations, Engineer will keep Owner informed of the progress
of the Work and will endeavor to guard Owner against defective Work.
B.
Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and
responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a
result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise,
direct, control, or have authority over or be responsible for Contractor’s means, methods,
techniques, sequences, or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
10.03
Resident Project Representative
A.
If Owner and Engineer have agreed that Engineer will furnish a Resident Project
Representative to represent Engineer at the Site and assist Engineer in observing the progress
and quality of the Work, then the authority and responsibilities of any such Resident Project
Representative will be as provided in the Supplementary Conditions, and limitations on the
responsibilities thereof will be as provided in the Supplementary Conditions and in
Paragraph 10.07.
B.
If Owner designates an individual or entity who is not Engineer’s consultant, agent, or
employee to represent Owner at the Site, then the responsibilities and authority of such
individual or entity will be as provided in the Supplementary Conditions.
10.04
Engineer’s Authority
A.
Engineer has the authority to reject Work in accordance with Article 14.
B.
Engineer’s authority as to Submittals is set forth in Paragraph 7.16.
C.
Engineer’s authority as to design drawings, calculations, specifications, certifications and
other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of
professional design services, is set forth in Paragraph 7.19.
D. Engineer’s authority as to changes in the Work is set forth in Article 11.
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E.
Engineer’s authority as to Applications for Payment is set forth in Article 15.
10.05
Determinations for Unit Price Work
A.
Engineer will determine the actual quantities and classifications of Unit Price Work performed
by Contractor as set forth in Paragraph 13.03.
10.06
Decisions on Requirements of Contract Documents and Acceptability of Work
A.
Engineer will render decisions regarding the requirements of the Contract Documents, and
judge the acceptability of the Work, pursuant to the specific procedures set forth herein for
initial interpretations, Change Proposals, and acceptance of the Work. In rendering such
decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will
not be liable to Owner, Contractor, or others in connection with any proceedings,
interpretations, decisions, or judgments conducted or rendered in good faith.
10.07
Limitations on Engineer’s Authority and Responsibilities
A.
Neither Engineer’s authority or responsibility under this Article 10 or under any other
provision of the Contract, nor any decision made by Engineer in good faith either to exercise
or not exercise such authority or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier,
any other individual or entity, or to any surety for or employee or agent of any of them.
B.
Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the performance of the Work. Engineer will not be
responsible for Contractor’s failure to perform the Work in accordance with the Contract
Documents.
C.
Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer’s review of the final Application for Payment and accompanying documentation, and
all maintenance and operating instructions, schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documentation required to be delivered by
Contractor under Paragraph 15.06.A, will only be to determine generally that their content
complies with the requirements of, and in the case of certificates of inspections, tests, and
approvals, that the results certified indicate compliance with the Contract Documents.
E.
The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply
to the Resident Project Representative, if any.
10.08
Compliance with Safety Program
A.
While at the Site, Engineer’s employees and representatives will comply with the specific
applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has
been informed.
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ARTICLE 11—CHANGES TO THE CONTRACT
11.01
Amending and Supplementing the Contract
A.
The Contract may be amended or supplemented by a Change Order, a Work Change Directive,
or a Field Order.
B.
If an amendment or supplement to the Contract includes a change in the Contract Price or
the Contract Times, such amendment or supplement must be set forth in a Change Order.
C.
All changes to the Contract that involve (1) the performance or acceptability of the Work,
(2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other
engineering or technical matters, must be supported by Engineer’s recommendation. Owner
and Contractor may amend other terms and conditions of the Contract without the
recommendation of the Engineer.
11.02
Change Orders
A.
Owner and Contractor shall execute appropriate Change Orders covering:
1.
Changes in Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with
a Work Change Directive;
2.
Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly
contested such set-off;
3.
Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05,
(b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or
Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the
parties, subject to the need for Engineer’s recommendation if the change in the Work
involves the design (as set forth in the Drawings, Specifications, or otherwise) or other
engineering or technical matters; and
4.
Changes that embody the substance of any final and binding results under:
Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09,
concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments
resulting from allowances; Paragraph 13.03.D, final adjustments relating to
determination of quantities for Unit Price Work; and similar provisions.
B.
If Owner or Contractor refuses to execute a Change Order that is required to be executed
under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if
fully executed.
11.03
Work Change Directives
A.
A Work Change Directive will not change the Contract Price or the Contract Times but is
evidence that the parties expect that the modification ordered or documented by a Work
Change Directive will be incorporated in a subsequently issued Change Order, following
negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract
Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the
terms of the Contract Documents governing adjustments, expressly including
Paragraph 11.07 regarding change of Contract Price.
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B.
If Owner has issued a Work Change Directive and:
1.
Contractor believes that an adjustment in Contract Times or Contract Price is necessary,
then Contractor shall submit any Change Proposal seeking such an adjustment no later
than 30 days after the completion of the Work set out in the Work Change Directive.
2.
Owner believes that an adjustment in Contract Times or Contract Price is necessary, then
Owner shall submit any Claim seeking such an adjustment no later than 60 days after
issuance of the Work Change Directive.
11.04
Field Orders
A.
Engineer may authorize minor changes in the Work if the changes do not involve an
adjustment in the Contract Price or the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents. Such changes will be accomplished by a Field Order and will be binding on Owner
and also on Contractor, which shall perform the Work involved promptly.
B.
If Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, then before proceeding with the Work at issue, Contractor shall submit a
Change Proposal as provided herein.
11.05
Owner-Authorized Changes in the Work
A.
Without invalidating the Contract and without notice to any surety, Owner may, at any time
or from time to time, order additions, deletions, or revisions in the Work. Changes involving
the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or
technical matters will be supported by Engineer’s recommendation.
B.
Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor
have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by
a Work Change Directive. Upon receipt of any such document, Contractor shall promptly
proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease
construction activities with respect to such deleted Work. Added or revised Work must be
performed under the applicable conditions of the Contract Documents.
C.
Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor
reasonably concludes cannot be performed in a manner consistent with Contractor’s safety
obligations under the Contract Documents or Laws and Regulations.
11.06
Unauthorized Changes in the Work
A.
Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents, as amended, modified, or supplemented, except in the case of an emergency as
provided in Paragraph 7.15 or in the case of uncovering Work as provided in
Paragraph 14.05.C.2.
11.07
Change of Contract Price
A.
The Contract Price may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any
Claim for an adjustment of Contract Price must comply with the provisions of Article 12.
B.
An adjustment in the Contract Price will be determined as follows:
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1.
Where the Work involved is covered by unit prices contained in the Contract Documents,
then by application of such unit prices to the quantities of the items involved (subject to
the provisions of Paragraph 13.03);
2.
Where the Work involved is not covered by unit prices contained in the Contract
Documents, then by a mutually agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or
3.
Where the Work involved is not covered by unit prices contained in the Contract
Documents and the parties do not reach mutual agreement to a lump sum, then on the
basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a
Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C).
C.
Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be
determined as follows:
1.
A mutually acceptable fixed fee; or
2.
If a fixed fee is not agreed upon, then a fee based on the following percentages of the
various portions of the Cost of the Work:
a.
For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will
be 15 percent;
b.
For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent;
c.
Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and
11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the
costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that
actually performs the Work, at whatever tier, and (2) with respect to Contractor itself
and to any Subcontractors of a tier higher than that of the Subcontractor that actually
performs the Work, a fee of 5 percent of the amount (fee plus underlying costs
incurred) attributable to the next lower tier Subcontractor; provided, however, that
for any such subcontracted Work the maximum total fee to be paid by Owner will be
no greater than 27 percent of the costs incurred by the Subcontractor that actually
performs the Work;
d.
No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4,
13.01.B.5, and 13.01.C;
e.
The amount of credit to be allowed by Contractor to Owner for any change which
results in a net decrease in Cost of the Work will be the amount of the actual net
decrease in Cost of the Work and a deduction of an additional amount equal to
5 percent of such actual net decrease in Cost of the Work; and
f.
When both additions and credits are involved in any one change or Change Proposal,
the adjustment in Contractor’s fee will be computed by determining the sum of the
costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs,
Paragraph 13.01.B.1;
incorporated
materials
and
equipment
costs,
Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants
costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to
each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a
through 11.07.C.2.e, inclusive.
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11.08
Change of Contract Times
A.
The Contract Times may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any
Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.
B.
Delay, disruption, and interference in the Work, and any related changes in Contract Times,
are addressed in and governed by Paragraph 4.05.
11.09
Change Proposals
A.
Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an
adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer
concerning the requirements of the Contract Documents or relating to the acceptability of
the Work under the Contract Documents; challenge a set-off against payment due; or seek
other relief under the Contract. The Change Proposal will specify any proposed change in
Contract Times or Contract Price, or other proposed relief, and explain the reason for the
proposed change, with citations to any governing or applicable provisions of the Contract
Documents. Each Change Proposal will address only one issue, or a set of closely related
issues.
B.
Change Proposal Procedures
1.
Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after
the start of the event giving rise thereto, or after such initial decision.
2.
Supporting Data: The Contractor shall submit supporting data, including the proposed
change in Contract Price or Contract Time (if any), to the Engineer and Owner within
15 days after the submittal of the Change Proposal.
a.
Change Proposals based on or related to delay, interruption, or interference must
comply with the provisions of Paragraphs 4.05.D and 4.05.E.
b.
Change proposals related to a change of Contract Price must include full and detailed
accounts of materials incorporated into the Work and labor and equipment used for
the subject Work.
The supporting data must be accompanied by a written statement that the supporting
data are accurate and complete, and that any requested time or price adjustment is the
entire adjustment to which Contractor believes it is entitled as a result of said event.
3.
Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and
consider any comments or response from Owner regarding the Change Proposal. If in its
discretion Engineer concludes that additional supporting data is needed before
conducting a full review and making a decision regarding the Change Proposal, then
Engineer may request that Contractor submit such additional supporting data by a date
specified by Engineer, prior to Engineer beginning its full review of the Change Proposal.
4.
Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s
supporting data (including any additional data requested by Engineer), Engineer will
conduct a full review of each Change Proposal and, within 30 days after such receipt of
the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in
whole, or approve it in part and deny it in part. Such actions must be in writing, with a
copy provided to Owner and Contractor. If Engineer does not take action on the Change
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Proposal within 30 days, then either Owner or Contractor may at any time thereafter
submit a letter to the other party indicating that as a result of Engineer’s inaction the
Change Proposal is deemed denied, thereby commencing the time for appeal of the
denial under Article 12.
5.
Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor,
unless Owner or Contractor appeals the decision by filing a Claim under Article 12.
C.
Resolution of Certain Change Proposals: If the Change Proposal does not involve the design
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or
other engineering or technical matters, then Engineer will notify the parties in writing that
the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of
such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to
seek resolution under the terms of Article 12.
D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a
written recommendation of final payment pursuant to Paragraph 15.06.B.
11.10
Notification to Surety
A.
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of
any such change.
11.11
Applicability of New Jersey Department of Community Affairs Regulations
A.
Other than for minor field (site) modifications in the Work, all changes in quantities, work
performed, services rendered, materials, supplies, or equipment delivered or provided shall
be submitted to the Owner for authorization.
B.
All Change Orders and Field Orders shall be authorized, permitted, or accepted in accordance
with the applicable regulations of the New Jersey Department of Community Affairs, in
general, and, in particular, N.J.A.C. 5:30-11.3; 5:30-11.4; 5:30-11.5; 5:30-11.7; 5:30-11.8; and
5:30-11.9.
ARTICLE 12—CLAIMS
12.01
Claims
A.
Claims Process: The following disputes between Owner and Contractor are subject to the
Claims process set forth in this article:
1.
Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;
2.
Owner demands for adjustments in the Contract Price or Contract Times, or other relief
under the Contract Documents;
3.
Disputes that Engineer has been unable to address because they do not involve the design
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work,
or other engineering or technical matters; and
4.
Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer
has issued a written recommendation of final payment pursuant to Paragraph 15.06.B.
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B.
Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to
the Contract promptly (but in no event later than 30 days) after the start of the event giving
rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision
under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its
information only. The responsibility to substantiate a Claim rests with the party making the
Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or
Contract Price, Contractor shall certify that the Claim is made in good faith, that the
supporting data are accurate and complete, and that to the best of Contractor’s knowledge
and belief the amount of time or money requested accurately reflects the full amount to
which Contractor is entitled.
C.
Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full
consideration to its merits. The two parties shall seek to resolve the Claim through the
exchange of information and direct negotiations. The parties may extend the time for
resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing
and submitted to the other party, with a copy to Engineer.
D. Mediation
1.
At any time after initiation of a Claim, Owner and Contractor may mutually agree to
mediation of the underlying dispute. The agreement to mediate will stay the Claim
submittal and response process.
2.
If Owner and Contractor agree to mediation, then after 60 days from such agreement,
either Owner or Contractor may unilaterally terminate the mediation process, and the
Claim submittal and decision process will resume as of the date of the termination. If the
mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and
decision process will resume as of the date of the conclusion of the mediation, as
determined by the mediator.
3.
Owner and Contractor shall each pay one-half of the mediator’s fees and costs.
E.
Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part,
such action will be final and binding unless within 30 days of such action the other party
invokes the procedure set forth in Article 17 for final resolution of disputes.
F.
Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim
may deny it by giving written notice of denial to the other party. If the receiving party does
not take action on the Claim within 90 days, then either Owner or Contractor may at any time
thereafter submit a letter to the other party indicating that as a result of the inaction, the
Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of
the Claim will be final and binding unless within 30 days of the denial the other party invokes
the procedure set forth in Article 17 for the final resolution of disputes.
G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether
through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is
approved in part and denied in part, or denied in full, and such actions become final and
binding; then the results of the agreement or action on the Claim will be incorporated in a
Change Order or other written document to the extent they affect the Contract, including the
Work, the Contract Times, or the Contract Price.
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ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
13.01
Cost of the Work
A.
Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum
of all costs necessary for the proper performance of the Work at issue, as further defined
below. The provisions of this Paragraph 13.01 are used for two distinct purposes:
1.
To determine Cost of the Work when Cost of the Work is a component of the Contract
Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or
2.
When needed to determine the value of a Change Order, Change Proposal, Claim, set-off,
or other adjustment in Contract Price. When the value of any such adjustment is
determined on the basis of Cost of the Work, Contractor is entitled only to those
additional or incremental costs required because of the change in the Work or because
of the event giving rise to the adjustment.
B.
Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in
the Cost of the Work will be in amounts no higher than those commonly incurred in the
locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will
include only the following items:
1.
Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor in
advance of the subject Work. Such employees include, without limitation,
superintendents, foremen, safety managers, safety representatives, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on
the Work will be apportioned on the basis of their time spent on the Work. Payroll costs
include, but are not limited to, salaries and wages plus the cost of fringe benefits, which
include social security contributions, unemployment, excise, and payroll taxes, workers’
compensation, health and retirement benefits, sick leave, and vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours,
on Saturday, Sunday, or legal holidays, will be included in the above to the extent
authorized by Owner.
2.
Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage thereof, and Suppliers’ field services required in
connection therewith. All cash discounts accrue to Contractor unless Owner deposits
funds with Contractor with which to make payments, in which case the cash discounts
will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of
surplus materials and equipment will accrue to Owner, and Contractor shall make
provisions so that they may be obtained.
3.
Payments made by Contractor to Subcontractors for Work performed by Subcontractors.
If required by Owner, Contractor shall obtain competitive bids from subcontractors
acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then
determine, with the advice of Engineer, which bids, if any, will be acceptable. If any
subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work
plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same
manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.
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4.
Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed or retained for services
specifically related to the Work.
5.
Other costs consisting of the following:
a.
The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b.
Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, which are
consumed in the performance of the Work, and cost, less market value, of such items
used but not consumed which remain the property of Contractor.
1)
In establishing included costs for materials such as scaffolding, plating, or
sheeting, consideration will be given to the actual or the estimated life of the
material for use on other projects; or rental rates may be established on the basis
of purchase or salvage value of such items, whichever is less. Contractor will not
be eligible for compensation for such items in an amount that exceeds the
purchase cost of such item.
c.
Construction Equipment Rental
1)
Rentals of all construction equipment and machinery, and the parts thereof, in
accordance with rental agreements approved by Owner as to price (including any
surcharge or special rates applicable to overtime use of the construction
equipment or machinery), and the costs of transportation, loading, unloading,
assembly, dismantling, and removal thereof. All such costs will be in accordance
with the terms of said rental agreements. The rental of any such equipment,
machinery, or parts must cease when the use thereof is no longer necessary for
the Work.
2)
Costs for equipment and machinery owned by Contractor or a Contractor-related
entity will be paid at a rate shown for such equipment in the equipment rental
rate book specified in the Supplementary Conditions. An hourly rate will be
computed by dividing the monthly rates by 176. These computed rates will
include all operating costs.
3)
With respect to Work that is the result of a Change Order, Change Proposal,
Claim, set-off, or other adjustment in Contract Price (“changed Work”), included
costs will be based on the time the equipment or machinery is in use on the
changed Work and the costs of transportation, loading, unloading, assembly,
dismantling, and removal when directly attributable to the changed Work. The
cost of any such equipment or machinery, or parts thereof, must cease to accrue
when the use thereof is no longer necessary for the changed Work.
d.
Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e.
Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them
may be liable, and royalty payments and fees for permits and licenses.
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f.
Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with
the performance of the Work (except losses and damages within the deductible
amounts of builder’s risk or other property insurance established in accordance with
Paragraph 6.04), provided such losses and damages have resulted from causes other
than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable. Such losses
include settlements made with the written consent and approval of Owner. No such
losses, damages, and expenses will be included in the Cost of the Work for the
purpose of determining Contractor’s fee.
g.
The cost of utilities, fuel, and sanitary facilities at the Site.
h.
Minor expenses such as communication service at the Site, express and courier
services, and similar petty cash items in connection with the Work.
i.
The costs of premiums for all bonds and insurance that Contractor is required by the
Contract Documents to purchase and maintain.
C.
Costs Excluded: The term Cost of the Work does not include any of the following items:
1.
Payroll costs and other compensation of Contractor’s officers, executives, principals,
general managers, engineers, architects, estimators, attorneys, auditors, accountants,
purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel
employed by Contractor, whether at the Site or in Contractor’s principal or branch office
for general administration of the Work and not specifically included in the agreed upon
schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered
by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to
be considered administrative costs covered by the Contractor’s fee.
2.
The cost of purchasing, renting, or furnishing small tools and hand tools.
3.
Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
4.
Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
5.
Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
6.
Expenses incurred in preparing and advancing Claims.
7.
Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 13.01.B.
D. Contractor’s Fee
1.
When the Work as a whole is performed on the basis of cost-plus-a-fee, then:
a.
Contractor’s fee for the Work set forth in the Contract Documents as of the Effective
Date of the Contract will be determined as set forth in the Agreement.
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b.
for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other
adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be
determined as follows:
1)
When the fee for the Work as a whole is a percentage of the Cost of the Work,
the fee will automatically adjust as the Cost of the Work changes.
2)
When the fee for the Work as a whole is a fixed fee, the fee for any additions or
deletions will be determined in accordance with Paragraph 11.07.C.2.
2.
When the Work as a whole is performed on the basis of a stipulated sum, or any other
basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change
Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis
of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2.
E.
Documentation and Audit: Whenever the Cost of the Work for any purpose is to be
determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish
and maintain records of the costs in accordance with generally accepted accounting practices.
Subject to prior written notice, Owner will be afforded reasonable access, during normal
business hours, to all Contractor’s accounts, records, books, correspondence, instructions,
drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work
and Contractor’s fee. Contractor shall preserve all such documents for a period of three years
after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner,
and preserve such documents, to the same extent required of Contractor.
13.02
Allowances
A.
It is understood that Contractor has included in the Contract Price all allowances so named in
the Contract Documents and shall cause the Work so covered to be performed for such sums
and by such persons or entities as may be acceptable to Owner and Engineer.
B.
Cash Allowances: Contractor agrees that:
1.
the cash allowances include the cost to Contractor (less any applicable trade discounts)
of materials and equipment required by the allowances to be delivered at the Site, and
all applicable taxes; and
2.
Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in
the Contract Price and not in the allowances, and no demand for additional payment for
any of the foregoing will be valid.
C.
Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance,
if any, is for the sole use of Owner to cover unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by
Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the
Contract Price will be correspondingly adjusted.
13.03
Unit Price Work
A.
Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal
to the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
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B.
The estimated quantities of items of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an initial Contract Price. Payments to
Contractor for Unit Price Work will be based on actual quantities.
C.
Each unit price will be deemed to include an amount considered by Contractor to be adequate
to cover Contractor’s overhead and profit for each separately identified item.
D. Engineer will determine the actual quantities and classifications of Unit Price Work performed
by Contractor. Engineer will review with Contractor the Engineer’s preliminary
determinations on such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or otherwise). Engineer’s written decision
thereon will be final and binding (except as modified by Engineer to reflect changed factual
conditions or more accurate data) upon Owner and Contractor, and the final adjustment of
Contract Price will be set forth in a Change Order, subject to the provisions of the following
paragraph.
E.
Adjustments in Unit Price
1.
Contractor or Owner shall be entitled to an adjustment in the unit price with respect to
an item of Unit Price Work if:
a.
the quantity of the item of Unit Price Work performed by Contractor differs materially
and significantly from the estimated quantity of such item indicated in the
Agreement; and
b.
Contractor’s unit costs to perform the item of Unit Price Work have changed
materially and significantly as a result of the quantity change.
2.
The adjustment in unit price will account for and be coordinated with any related changes
in quantities of other items of Work, and in Contractor’s costs to perform such other
Work, such that the resulting overall change in Contract Price is equitable to Owner and
Contractor.
3.
Adjusted unit prices will apply to all units of that item.
ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
14.01
Access to Work
A.
Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and authorities having jurisdiction have access to the Site
and the Work at reasonable times for their observation, inspection, and testing. Contractor
shall provide them proper and safe conditions for such access and advise them of Contractor’s
safety procedures and programs so that they may comply with such procedures and programs
as applicable.
14.02
Tests, Inspections, and Approvals
A.
Contractor shall give Engineer timely notice of readiness of the Work (or specific parts
thereof) for all required inspections and tests, and shall cooperate with inspection and testing
personnel to facilitate required inspections and tests.
B.
Owner shall retain and pay for the services of an independent inspector, testing laboratory,
or other qualified individual or entity to perform all inspections and tests expressly required
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by the Contract Documents to be furnished and paid for by Owner, except that costs incurred
in connection with tests or inspections of covered Work will be governed by the provisions of
Paragraph 14.05.
C.
If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an employee or other representative of
such public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer
the required certificates of inspection or approval.
D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and
tests required:
1.
by the Contract Documents, unless the Contract Documents expressly allocate
responsibility for a specific inspection or test to Owner;
2.
to attain Owner’s and Engineer’s acceptance of materials or equipment to be
incorporated in the Work;
3.
by manufacturers of equipment furnished under the Contract Documents;
4.
for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be
incorporated into the Work; and
5.
for acceptance of materials, mix designs, or equipment submitted for approval prior to
Contractor’s purchase thereof for incorporation in the Work.
Such inspections and tests will be performed by independent inspectors, testing laboratories,
or other qualified individuals or entities acceptable to Owner and Engineer.
E.
If the Contract Documents require the Work (or part thereof) to be approved by Owner,
Engineer, or another designated individual or entity, then Contractor shall assume full
responsibility for arranging and obtaining such approvals.
F.
If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by
Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense
unless Contractor had given Engineer timely notice of Contractor’s intention to cover the
same and Engineer had not acted with reasonable promptness in response to such notice.
14.03
Defective Work
A.
Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.
B.
Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and
to reject defective Work.
C.
Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer
has actual knowledge will be given to Contractor.
D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective
Work, Contractor shall correct all such defective Work, whether or not fabricated, installed,
or completed, or, if Engineer has rejected the defective Work, remove it from the Project and
replace it with Work that is not defective.
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E.
Preservation of Warranties: When correcting defective Work, Contractor shall take no action
that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said
Work.
F.
Costs and Damages: In addition to its correction, removal, and replacement obligations with
respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising
out of or relating to defective Work, including but not limited to the cost of the inspection,
testing, correction, removal, replacement, or reconstruction of such defective Work, fines
levied against Owner by governmental authorities because the Work is defective, and the
costs of repair or replacement of work of others resulting from defective Work. Prior to final
payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs,
losses, and damages resulting from defective Work, then Owner may impose a reasonable
set-off against payments due under Article 15.
14.04
Acceptance of Defective Work
A.
If, instead of requiring correction or removal and replacement of defective Work, Owner
prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final
payment, to Engineer’s confirmation that such acceptance is in general accord with the design
intent and applicable engineering principles, and will not endanger public safety). Contractor
shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness), and for the diminished value of the Work to the extent not otherwise paid
by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions
in the Contract Documents with respect to the Work will be incorporated in a Change Order.
If the parties are unable to agree as to the decrease in the Contract Price, reflecting the
diminished value of Work so accepted, then Owner may impose a reasonable set-off against
payments due under Article 15. If the acceptance of defective Work occurs after final
payment, Contractor shall pay an appropriate amount to Owner.
14.05
Uncovering Work
A.
Engineer has the authority to require additional inspection or testing of the Work, whether
or not the Work is fabricated, installed, or completed.
B.
If any Work is covered contrary to the written request of Engineer, then Contractor shall, if
requested by Engineer, uncover such Work for Engineer’s observation, and then replace the
covering, all at Contractor’s expense.
C.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose,
or otherwise make available for observation, inspection, or testing as Engineer may require,
that portion of the Work in question, and provide all necessary labor, material, and
equipment.
1.
If it is found that the uncovered Work is defective, Contractor shall be responsible for all
claims, costs, losses, and damages arising out of or relating to such uncovering, exposure,
observation, inspection, and testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or replacement of work of others); and
pending Contractor’s full discharge of this responsibility the Owner shall be entitled to
impose a reasonable set-off against payments due under Article 15.
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2.
If the uncovered Work is not found to be defective, Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Times, directly attributable
to such uncovering, exposure, observation, inspection, testing, replacement, and
reconstruction. If the parties are unable to agree as to the amount or extent thereof, then
Contractor may submit a Change Proposal within 30 days of the determination that the
Work is not defective.
14.06
Owner May Stop the Work
A.
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work
will conform to the Contract Documents, then Owner may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, this right
of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this
right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or
entity, or any surety for, or employee or agent of any of them.
14.07
Owner May Correct Defective Work
A.
If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work, or to remove and replace defective Work as required by Engineer, then
Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency.
B.
In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees,
Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to
enable Owner to exercise the rights and remedies under this paragraph.
C.
All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights
and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs
against payments due under Article 15. Such claims, costs, losses and damages will include
but not be limited to all costs of repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of Contractor’s defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in
the performance of the Work attributable to the exercise by Owner of Owner’s rights and
remedies under this Paragraph 14.07.
ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
15.01
Progress Payments
A.
Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will
serve as the basis for progress payments and will be incorporated into a form of Application
for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on
the number of units completed during the pay period, as determined under the provisions of
Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work
completed by Contractor during the pay period.
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B.
Applications for Payments
1.
At least 20 days before the date established in the Agreement for each progress payment
(but not more often than once a month), Contractor shall submit to Engineer for review
an Application for Payment filled out and signed by Contractor covering the Work
completed as of the date of the Application and accompanied by such supporting
documentation as is required by the Contract Documents.
2.
If payment is requested on the basis of materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site or at another location agreed to in
writing, the Application for Payment must also be accompanied by: (a) a bill of sale,
invoice, copies of subcontract or purchase order payments, or other documentation
establishing full payment by Contractor for the materials and equipment; (b) at Owner’s
request, documentation warranting that Owner has received the materials and
equipment free and clear of all Liens; and (c) evidence that the materials and equipment
are covered by appropriate property insurance, a warehouse bond, or other
arrangements to protect Owner’s interest therein, all of which must be satisfactory to
Owner.
3.
Beginning with the second Application for Payment, each Application must include an
affidavit of Contractor stating that all previous progress payments received by Contractor
have been applied to discharge Contractor’s legitimate obligations associated with prior
Applications for Payment.
4.
The amount of retainage with respect to progress payments will be as stipulated in the
Agreement and N.J.S.A. 40A:11-16.3.
C.
Review of Applications
1.
Engineer will, within 10 days after receipt of each Application for Payment, including each
resubmittal, either indicate in writing a recommendation of payment and present the
Application to Owner, or return the Application to Contractor indicating in writing
Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor
may make the necessary corrections and resubmit the Application.
2.
Engineer’s recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer’s observations of
the executed Work as an experienced and qualified design professional, and on Engineer’s
review of the Application for Payment and the accompanying data and schedules, that to
the best of Engineer’s knowledge, information and belief:
a.
the Work has progressed to the point indicated;
b.
the quality of the Work is generally in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, the results of any subsequent tests called for in the Contract
Documents, a final determination of quantities and classifications for Unit Price Work
under Paragraph 13.03, and any other qualifications stated in the recommendation);
and
c.
the conditions precedent to Contractor’s being entitled to such payment appear to
have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.
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3.
By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a.
inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress,
or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract; or
b.
there may not be other matters or issues between the parties that might entitle
Contractor to be paid additionally by Owner or entitle Owner to withhold payment to
Contractor.
4.
Neither Engineer’s review of Contractor’s Work for the purposes of recommending
payments nor Engineer’s recommendation of any payment, including final payment, will
impose responsibility on Engineer:
a.
to supervise, direct, or control the Work;
b.
for the means, methods, techniques, sequences, or procedures of construction, or
the safety precautions and programs incident thereto;
c.
for Contractor’s failure to comply with Laws and Regulations applicable to
Contractor’s performance of the Work;
d.
to make any examination to ascertain how or for what purposes Contractor has used
the money paid by Owner; or
e.
to determine that title to any of the Work, materials, or equipment has passed to
Owner free and clear of any Liens.
5.
Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 15.01.C.2.
6.
Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s
opinion to protect Owner from loss because:
a.
the Work is defective, requiring correction or replacement;
b.
the Contract Price has been reduced by Change Orders;
c.
Owner has been required to correct defective Work in accordance with
Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;
d.
Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible; or
e.
Engineer has actual knowledge of the occurrence of any of the events that would
constitute a default by Contractor and therefore justify termination for cause under
the Contract Documents.
D. Payment Becomes Due
1.
30 calendar days after the billing date, which shall be the first calendar day of the month,
and presentation of the Application for Payment to Owner with Engineer’s
recommendation, the amount recommended (subject to any Owner set-offs) will become
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due, and when due will be paid by Owner to Contractor in accordance with N.J.S.A.
2A:30A-2.
E.
Reductions in Payment by Owner
1.
In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is
entitled to impose a set-off against payment based on any of the following:
a.
Claims have been made against Owner based on Contractor’s conduct in the
performance or furnishing of the Work, or Owner has incurred costs, losses, or
damages resulting from Contractor’s conduct in the performance or furnishing of the
Work, including but not limited to claims, costs, losses, or damages from workplace
injuries, adjacent property damage, non-compliance with Laws and Regulations, and
patent infringement;
b.
Contractor has failed to take reasonable and customary measures to avoid damage,
delay, disruption, and interference with other work at or adjacent to the Site;
c.
Contractor has failed to provide and maintain required bonds or insurance;
d.
Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible;
e.
Owner has incurred extra charges or engineering costs related to submittal reviews,
evaluations of proposed substitutes, tests and inspections, or return visits to
manufacturing or assembly facilities;
f.
The Work is defective, requiring correction or replacement;
g.
Owner has been required to correct defective Work in accordance with
Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;
h.
The Contract Price has been reduced by Change Orders;
i.
An event has occurred that would constitute a default by Contractor and therefore
justify a termination for cause;
j.
Liquidated or other damages have accrued as a result of Contractor’s failure to
achieve Milestones, Substantial Completion, or final completion of the Work;
k.
Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and
discharge of such Liens; or
l.
Other items entitle Owner to a set-off against the amount recommended.
2.
If Owner imposes any set-off against payment, whether based on its own knowledge or
on the written recommendations of Engineer, Owner will give Contractor immediate
written notice (with a copy to Engineer) stating the reasons for such action and the
specific amount of the reduction, and promptly pay Contractor any amount remaining
after deduction of the amount so withheld. Owner shall promptly pay Contractor the
amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if
Contractor remedies the reasons for such action. The reduction imposed will be binding
on Contractor unless it duly submits a Change Proposal contesting the reduction.
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3.
Upon a subsequent determination that Owner’s refusal of payment was not justified, the
amount wrongfully withheld will be treated as an amount due as determined by
Paragraph 15.01.D.1 and subject to interest as provided in the Agreement.
15.02
Contractor’s Warranty of Title
A.
Contractor warrants and guarantees that title to all Work, materials, and equipment furnished
under the Contract will pass to Owner free and clear of (1) all Liens and other title defects,
and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the
time of payment by Owner.
15.03
Substantial Completion
A.
When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete and request that
Engineer issue a certificate of Substantial Completion. Contractor shall at the same time
submit to Owner and Engineer an initial draft of punch list items to be completed or corrected
before final payment.
B.
Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider
the Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C.
If Engineer considers the Work substantially complete, Engineer will deliver to Owner a
preliminary certificate of Substantial Completion which will fix the date of Substantial
Completion. Engineer shall attach to the certificate a punch list of items to be completed or
corrected before final payment. Owner shall have 7 days after receipt of the preliminary
certificate during which to make written objection to Engineer as to any provisions of the
certificate or attached punch list. If, after considering the objections to the provisions of the
preliminary certificate, Engineer concludes that the Work is not substantially complete,
Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify
Contractor in writing that the Work is not substantially complete, stating the reasons therefor.
If Owner does not object to the provisions of the certificate, or if despite consideration of
Owner’s objections Engineer concludes that the Work is substantially complete, then
Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final
certificate of Substantial Completion (with a revised punch list of items to be completed or
corrected) reflecting such changes from the preliminary certificate as Engineer believes
justified after consideration of any objections from Owner.
D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and
Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial
Completion, review the builder’s risk insurance policy with respect to the end of the builder’s
risk coverage, and confirm the transition to coverage of the Work under a permanent
property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in
writing, Owner shall bear responsibility for security, operation, protection of the Work,
property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the
Work.
E.
After Substantial Completion the Contractor shall promptly begin work on the punch list of
items to be completed or corrected prior to final payment. In appropriate cases Contractor
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may submit monthly Applications for Payment for completed punch list items, following the
progress payment procedures set forth above.
F.
Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the punch list.
15.04
Partial Use or Occupancy
A.
Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents,
or which Owner, Engineer, and Contractor agree constitutes a separately functioning and
usable part of the Work that can be used by Owner for its intended purpose without
significant interference with Contractor’s performance of the remainder of the Work, subject
to the following conditions:
1.
At any time, Owner may request in writing that Contractor permit Owner to use or occupy
any such part of the Work that Owner believes to be substantially complete. If and when
Contractor agrees that such part of the Work is substantially complete, Contractor,
Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for
that part of the Work.
2.
At any time, Contractor may notify Owner and Engineer in writing that Contractor
considers any such part of the Work substantially complete and request Engineer to issue
a certificate of Substantial Completion for that part of the Work.
3.
Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If
Engineer does not consider that part of the Work to be substantially complete, Engineer
will notify Owner and Contractor in writing giving the reasons therefor. If Engineer
considers that part of the Work to be substantially complete, the provisions of
Paragraph 15.03 will apply with respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in respect thereof and access thereto.
4.
No use or occupancy or separate operation of part of the Work may occur prior to
compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other
property insurance.
15.05
Final Inspection
A.
Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work, or
agreed portion thereof, is incomplete or defective. Contractor shall immediately take such
measures as are necessary to complete such Work or remedy such deficiencies.
15.06
Final Payment
A.
Application for Payment
1.
After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, annotated record
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documents (as provided in Paragraph 7.12), and other documents, Contractor may make
application for final payment.
2.
The final Application for Payment must be accompanied (except as previously delivered)
by:
a.
all documentation called for in the Contract Documents;
b.
consent of the surety, if any, to final payment;
c.
satisfactory evidence that all title issues have been resolved such that title to all Work,
materials, and equipment has passed to Owner free and clear of any Liens or other
title defects, or will so pass upon final payment.
d.
a list of all duly pending Change Proposals and Claims; and
e.
complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of the Work, and of Liens filed in connection with the Work.
3.
In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor
that: (a) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible,
or which might in any way result in liens or other burdens on Owner's property, have been
paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release
or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner
to indemnify Owner against any Lien, or Owner at its option may issue joint checks
payable to Contractor and specified Subcontractors and Suppliers.
B.
Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of
Engineer’s observation of the Work during construction and final inspection, and Engineer’s
review of the final Application for Payment and accompanying documentation as required by
the Contract Documents, Engineer is satisfied that the Work has been completed and
Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10
days after receipt of the final Application for Payment, indicate in writing Engineer’s
recommendation of final payment and present the final Application for Payment to Owner
for payment. Such recommendation will account for any set-offs against payment that are
necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with
respect to progress payments. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C.
Notice of Acceptability: In support of its recommendation of payment of the final Application
for Payment, Engineer will also give written notice to Owner and Contractor that the Work is
acceptable, subject to stated limitations in the notice and to the provisions of
Paragraph 15.07.
D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready
for final payment as established by the Engineer’s written recommendation of final payment
and issuance of notice of the acceptability of the Work.
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E.
Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment
and accompanying documentation, Owner shall set off against the amount recommended by
Engineer for final payment any further sum to which Owner is entitled, including but not
limited to set-offs for liquidated damages and set-offs allowed under the provisions of this
Contract with respect to progress payments. Owner shall pay the resulting balance due to
Contractor within 30 days of Owner’s receipt of the final Application for Payment from
Engineer.
15.07
Waiver of Claims
A.
By making final payment, Owner waives its claim or right to liquidated damages or other
damages for late completion by Contractor, except as set forth in an outstanding Claim,
appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner.
Owner reserves all other claims or rights after final payment.
B.
The acceptance of final payment by Contractor will constitute a waiver by Contractor of all
claims and rights against Owner other than those pending matters that have been duly
submitted as a Claim, or appealed under the provisions of Article 17.
15.08
Correction Period
A.
If within one year after the date of Substantial Completion (or such longer period of time as
may be prescribed by the Supplementary Conditions or the terms of any applicable special
guarantee required by the Contract Documents), Owner gives Contractor written notice that
any Work has been found to be defective, or that Contractor’s repair of any damages to the
Site or adjacent areas has been found to be defective, then after receipt of such notice of
defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s
written instructions:
1.
correct the defective repairs to the Site or such adjacent areas;
2.
correct such defective Work;
3.
remove the defective Work from the Project and replace it with Work that is not
defective, if the defective Work has been rejected by Owner, and
4.
satisfactorily correct or repair or remove and replace any damage to other Work, to the
work of others, or to other land or areas resulting from the corrective measures.
B.
Owner shall give any such notice of defect within 60 days of the discovery that such Work or
repairs is defective. If such notice is given within such 60 days but after the end of the
correction period, the notice will be deemed a notice of defective Work under
Paragraph 7.17.B.
C.
If, after receipt of a notice of defect within 60 days and within the correction period,
Contractor does not promptly comply with the terms of Owner’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced.
Contractor shall pay all costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all costs of repair or replacement of
work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of
invoice from Owner will be deemed the start of an event giving rise to a Claim under
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Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure
to pay.
D. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may start
to run from an earlier date if so provided in the Specifications.
E.
Where defective Work (and damage to other Work resulting therefrom) has been corrected
or removed and replaced under this paragraph, the correction period hereunder with respect
to such Work will be extended for an additional period of one year after such correction or
removal and replacement has been satisfactorily completed.
F.
Contractor’s obligations under this paragraph are in addition to all other obligations and
warranties. The provisions of this paragraph are not to be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
ARTICLE 16—SUSPENSION OF WORK AND TERMINATION
16.01
Owner May Suspend Work
A.
At any time and without cause, Owner may suspend the Work or any portion thereof for a
period of not more than 90 consecutive days by written notice to Contractor and Engineer.
Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an
extension of the Contract Times directly attributable to any such suspension. Any Change
Proposal seeking such adjustments must be submitted no later than 30 days after the date
fixed for resumption of Work.
16.02
Owner May Terminate for Cause
A.
The occurrence of any one or more of the following events will constitute a default by
Contractor and justify termination for cause:
1.
Contractor’s persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, or failure to adhere to the Progress Schedule);
2.
Failure of Contractor to perform or otherwise to comply with a material term of the
Contract Documents;
3.
Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or
4.
Contractor’s repeated disregard of the authority of Owner or Engineer.
B.
If one or more of the events identified in Paragraph 16.02.A occurs, then after giving
Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration
that Contractor is in default and termination of the Contract, Owner may proceed to:
1.
declare Contractor to be in default, and give Contractor (and any surety) written notice
that the Contract is terminated; and
2.
enforce the rights available to Owner under any applicable performance bond.
C.
Subject to the terms and operation of any applicable performance bond, if Owner has
terminated the Contract for cause, Owner may exclude Contractor from the Site, take
possession of the Work, incorporate in the Work all materials and equipment stored at the
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 68 of 71
Site or for which Owner has paid Contractor but which are stored elsewhere, and complete
the Work as Owner may deem expedient.
D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if
Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure
to perform and proceeds diligently to cure such failure.
E.
If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to
receive any further payment until the Work is completed. If the unpaid balance of the
Contract Price exceeds the cost to complete the Work, including all related claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals) sustained by Owner, such excess will be paid to
Contractor. If the cost to complete the Work including such related claims, costs, losses, and
damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such
claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their
reasonableness and, when so approved by Engineer, incorporated in a Change Order. When
exercising any rights or remedies under this paragraph, Owner shall not be required to obtain
the lowest price for the Work performed.
F.
Where Contractor’s services have been so terminated by Owner, the termination will not
affect any rights or remedies of Owner against Contractor then existing or which may
thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under
any payment bond or performance bond. Any retention or payment of money due Contractor
by Owner will not release Contractor from liability.
G. If and to the extent that Contractor has provided a performance bond under the provisions
of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions
of Paragraphs 16.02.B and 16.02.D.
16.03
Owner May Terminate for Convenience
A.
Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such
case, Contractor shall be paid for (without duplication of any items):
1.
completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead
and profit on such Work;
2.
expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses; and
3.
other reasonable expenses directly attributable to termination, including costs incurred
to prepare a termination for convenience cost proposal.
B.
Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination
overhead costs, or other economic loss arising out of or resulting from such termination.
16.04
Contractor May Stop Work or Terminate
A.
If, through no act or fault of Contractor, (1) the Work is suspended for more than 90
consecutive days by Owner or under an order of court or other public authority, or (2)
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 69 of 71
Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3)
Owner fails for 30 days to pay Contractor any sum finally determined to be due, then
Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or
Engineer do not remedy such suspension or failure within that time, terminate the contract
and recover from Owner payment on the same terms as provided in Paragraph 16.03.
B.
In lieu of terminating the Contract and without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment within 30 days after it is submitted,
or Owner has failed for 30 days to pay Contractor any sum finally determined to be due,
Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until
payment is made of all such amounts due Contractor, including interest thereon. The
provisions of this paragraph are not intended to preclude Contractor from submitting a
Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor’s stopping the Work as permitted by
this paragraph.
ARTICLE 17—FINAL RESOLUTION OF DISPUTES
17.01
Methods and Procedures
A.
Disputes Subject to Final Resolution: The following disputed matters are subject to final
resolution under the provisions of this article:
1.
A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full,
pursuant to Article 12; and
2.
Disputes between Owner and Contractor concerning the Work, or obligations under the
Contract Documents, that arise after final payment has been made.
B.
Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or
Contractor may:
1.
elect in writing to invoke the dispute resolution process provided for in the
Supplementary Conditions;
2.
agree with the other party to submit the dispute to another dispute resolution process;
or
3.
if no dispute resolution process is provided for in the Supplementary Conditions or
mutually agreed to, give written notice to the other party of the intent to submit the
dispute to a court of competent jurisdiction.
C.
All claims and disputes shall be resolved in accordance with the process of alternative dispute
resolution set forth in N.J.S.A. 2A: 30A-2. The process of alternative dispute resolution
required in connection with this Project shall be non-binding and shall be a condition
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 70 of 71
precedent to the institution of litigation to adjudicate the matter in dispute by either the
Owner or the Contractor.
ARTICLE 18—MISCELLANEOUS
18.01
Giving Notice
A.
Whenever any provision of the Contract requires the giving of written notice to Owner,
Engineer, or Contractor, it will be deemed to have been validly given only if delivered:
1.
in person, by a commercial courier service or otherwise, to the recipient’s place of
business;
2.
by registered or certified mail, postage prepaid, to the recipient’s place of business; or
3.
by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject
line.
18.02
Computation of Times
A.
When any period of time is referred to in the Contract by days, it will be computed to exclude
the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
18.03
Cumulative Remedies
A.
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in
any way as a limitation of, any rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or
by other provisions of the Contract. The provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
18.04
Limitation of Damages
A.
With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and
other matters at issue, neither Owner nor Engineer, nor any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, shall be liable to
Contractor for any claims, costs, losses, or damages sustained by Contractor on or in
connection with any other project or anticipated project.
18.05
No Waiver
A.
A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor
will it affect the enforceability of that provision or of the remainder of this Contract.
18.06
Survival of Obligations
A.
All representations, indemnifications, warranties, and guarantees made in, required by, or
given in accordance with the Contract, as well as all continuing obligations indicated in the
Contract, will survive final payment, completion, and acceptance of the Work or termination
of the Contract or of the services of Contractor.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 71 of 71
18.07
Controlling Law
A.
This Contract is to be governed by the law of the state in which the Project is located.
18.08
Assignment of Contract
A.
Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this
Contract of any rights under or interests in the Contract will be binding on the other party
without the written consent of the party sought to be bound; and, specifically but without
limitation, money that may become due and money that is due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Contract.
18.09
Successors and Assigns
A.
Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
18.10
Headings
A.
Article and paragraph headings are inserted for convenience only and do not constitute parts
of these General Conditions.
SUPPLEMENTARY CONDITIONS
SC 1 | 6
Supplementary Conditions
SC-1
Project Site – Township of Cranford, New Jersey:
a. Pawnee Road (dead end to Springfield Avenue);
b. North Lehigh Avenue (Centennial Avenue to dead end);
c. Edgebrook Place (Elm Street to North Lehigh Avenue);
d. Wall Street (Munsee Drive to Centennial Avenue);
e. Watchung Avenue (Cranford Avenue to dead end);
f. Cranford Avenue (Watchung Avenue to Birchwood Avenue);
g. Albany Avenue (Cranford Avenue to Bloomingdale Avenue);
h. Sailer Street (Wade Avenue to dead end);
i. Yarmouth Road (Munsee Drive to Samoset Road);
j. Samoset Road (Yarmouth Road to Munsee Drive);
k. Myrtle Street (Baltimore Avenue to Amsterdam Avenue);
l. Brookdale Road (Glenwood Road to Edgewood Road);
m. Glenwood Road (Venetia Avenue to Herning Avenue).
The Contractor shall note that not all the roads scheduled in the proposal have
corresponding dimension plan sheets, but, generally, all quantities for the proposed
work are included in the proposal form.
SC-2
The project primarily consists of roadway improvements to various streets in the
Township of Cranford as delineated on the Construction Plans. More specifically, work
shall include HMA milling and paving, full depth pavement repair, construction of
accessible curb ramps, reconstruction of curbs and driveway aprons, installation of
bicycle safe grates/eco curb pieces, striping and signage upgrades, site restoration and
all other improvements depicted within the Bid Documents.
SC-3
This project intersects county routes. The Contractor shall acquire all necessary county
permits. The following streets are county roads:
a. Springfield Avenue (CR 615)
b. Centennial Avenue (CR 615)
SC-4
Electric Service and Water Service Coordination and applications with the Utility
companies are the Contractor’s responsibility.
SC-5
Time of Completion: Substantial Completion must be achieved within seventy-five (75)
days following the Notice to Proceed.
SC-6
The Contractor is to ensure that all areas to be paved, whether roadway, sidewalk, or
driveway, will have positive drainage so that ponding does not result.
SC-7
Sidewalk cross-slope must not be less than a half percent (0.5%), must not exceed two
percent (2%) and must conform to ADA requirements. The cross-slope requirements
shall apply in all locations, including locations where the sidewalk crosses a driveway.
SC 2 | 6
SC-8
All regulatory and warning signs shall meet the design and installation requirements
of the MUTCD. All post mounted signs shall be mounted on breakaway signposts
according to the Construction Details. The Contractor must install anchor posts in
accordance with NJDOT Construction Details. Soil anchor plate must be attached to all
anchor posts.
SC-9
The Contractor is responsible for all sawcutting, trenching, removal and legal disposal
of any asphalt and/or concrete to be removed as part of these improvements. Include
costs in Clearing Site pay item.
SC-10
The Contractor shall repair or reconstruct any landscape areas or other site features
as required to construct the proposed improvements.
SC-11
All existing grates and castings are the property of the municipality or respective utility
authority. All existing grates, castings and metal plates that are to be removed or
replaced as part of the project improvements shall be returned to the Township of
Cranford Department of Public Works.
SC-12
The Contractor shall clean the existing inlets from leaves, silt and debris prior to
providing repair of interior of drainage structure. Include cost under Clearing Site pay
item.
SC-13
The Contractor shall be responsible for confirming the size of existing drainage
structures in the field and properly sizing Bicycle Safe Grates (Phase II Stormwater
Compliant Grates) and Curb Pieces (NJDEP Type ‘N’ Eco) to be replaced as annotated
on the construction plans.
SC-14
The Contractor shall maintain depressed curb at existing driveways unless indicated
on the plan set.
SC-15
The Contractor shall exercise caution when constructing curb ramps next to the
existing street sign markers to prevent damage to the existing structures.
SC-16
Concrete curb and gutter with asphalt overlay shall be sawcut and removed in its
entirety. Full depth repairs of the concrete gutter shall be paid under the Full Depth
Concrete Pavement Repair, HMA pay item.
SC-17
Contractor shall install one (1) W5-1 with an object marker OM3-R mounted
underneath at minimum height of eight feet (8’), and one (1) W5-1 warning sign on
Cranford Avenue. The Contractor shall refer to Dimension Plans, sheets 9 and 10 of
27, for exact location.
SC-18
The Contractor is to ensure that all flush curb constructed for ADA ramps is 9” x 18”
concrete vertical curb.
SC-19
Not all driveway aprons that are scheduled to be replaced are depicted on the
SC 3 | 6
Construction Plans. The additional driveway aprons are located at the following
addresses:
205 Sailer Street;
207 Sailer Street;
209 Sailer Street;
212 Sailer Street;
214 Sailr Street;
216 Sailer Street;
221 Sailer Street;
38 Munsee Drive;
7 Yarmouth Road;
14 Samoset Road;
6 Samoset Road;
5 Samoset Road;
119 Glenwood Road;
117 Glenwood Road;
116 Glenwood Road;
114 Glenwood Road;
113 Glenwood Road;
107 Glenwood Road;
103 Glenwood Road;
85 Glenwood Road.
The Contractor is to repair asphalt aprons with damaged depressed curb or with no
depressed curb up to the nearest edge of the sidewalk or as directed by the Engineer.
Contractor to confirm locations in the field with the Engineer prior to construction.
SC-20
The Contractor is to reconstruct ADA ramps where shown on the paving limits maps.
SC-21
The Contractor is to eliminate ponding at northeast side of 221 Sailer Street and to
ensure positive storm gutter water flow to the nearest inlet. The Contractor shall also
replace ten-foot (10’) of the 2” diameter PVC pipe going through curb in front 221 Sailer
Street. Cost for the pipe shall be included under 9” x 18” Concrete Vertical Curb pay
item.
SC-22
The Contractor shall inspect the concrete formwork prior to pouring concrete to
ensure that the sidewalk cross slope is at a uniform smooth grade, maintaining
drainage toward the street, and longitudinally along the travel path.
SC-23
The Contractor shall exercise extreme care in removing concrete or asphalt within the
existing tree root zone. Any excavation within the root zone shall be done by hand or
appropriate air-spade equipment. Root pruning or cutting is strictly prohibited. The
Contractor shall also minimize soil compaction within the root zone area. The
excavation within the root zone area shall be backfilled immediately to prevent root
suffocation.
SC 4 | 6
SC-24
The Contractor shall take extra caution when demolishing existing sidewalk and
pouring proposed sidewalk around all existing water valves, gas valves, oil tank fills,
vents, monitoring wells, etc. Any damage to or covering/burying of any of the
aforementioned items shall be replaced by the Contractor at no additional cost to the
Owner.
SC-25
All full-depth construction areas will ultimately be determined during construction
after milling.
SC-26
The use of a nuclear gauge density meter is recommended during construction to
assist in compaction; however, only asphalt core test results will determine whether
air void requirements were met.
SC-27
The Contractor shall install traffic stripes within no more than 48-hours of the road
being paved.
SC-28
Should the Contractor suspect that excavated material is impacted or contaminated,
the Contractor shall alert the Engineer and stop excavation of the material. The
Contractor shall then cover the open trench with a steel plate and provide/perform
anything necessary to ensure the work area is left in a safe condition, then mobilize to
perform work on another area of the proposed improvements. No separate payment
shall be made for the above, include cost in the various items scheduled in the
proposal.
SC-29
Any restoration required outside of the Right-of-Way must be completed immediately
after the proposed improvements are completed for that specific area.
SC-30
The Contractor is responsible for verifying the presence and absence of loop
detectors. If loop detectors are damaged within the project, the Contractor is
responsible for the replacement of same and the coordination with the appropriate
Departments.
SC-31
The Contractor is responsible for coordinating any utility relocations required due to
conflicts with the appropriate utility company. No separate payment shall be made for
any utility coordination.
SC-32
Electric Service and Water Service Coordination for temporary utility service for the
Contractor’s use and associated applications with the Utility companies are the
Contractor’s responsibility.
SC-33
Work Hours: 7:00 A.M. - 5:00 P.M.
SC-34
Photographs of Existing Site Conditions: The Contractor shall take photographs of the
Project Site prior to the start of work.
SC-35
Utility Mark-Out: Contractor is responsible for all utility mark-outs necessary on each
job site.
SC 5 | 6
SC-36
Notices to Residents and Businesses: At least 72 hours prior to the start of work, the
Contractor shall provide written notice to all residents and businesses within the
project site.
SC-37
Inspection: The Contractor shall notify the Engineer at least 48 hours in advance of the
need for an inspection.
SC-38
Storage of Materials is not permitted within the public right-of-way. Contractor is
responsible to secure area of storage of materials.
SC-39
Maintenance and Protection of Traffic: The Contractor is responsible for installing
traffic control and traffic protection devices as specified and/or directed by the
Engineer and Police Department. All traffic control devices installed shall be in
accordance with the New Jersey Department of Transportation and Manual on
Uniform Traffic Control Devices, as currently amended.
SC-40
Access: The Contractor shall maintain vehicular and pedestrian access to all residential
and business driveways and walks for the duration of the project. In addition, the
Contractor shall ensure access is maintained for emergency Fire and Ambulance
vehicles for the duration of the project.
SC-41
Soil Erosion and Sediment Control Measures must be installed and maintained by the
Contractor throughout the construction process per the local Soil Erosion and
Sediment Control District.
SC-42
Site Cleanliness: The Contractor shall maintain a safe and clean project site. At the end
of each working day, all materials and equipment shall be secured within the project
site as authorized by the Owner. In addition, the Contractor shall sweep and clean
adjacent walks, driveways and pavement areas and ensure the area is free of dust, silt,
and debris.
SC-43
Progress Payments: The Contractor shall submit progress payments along with
Certified Payroll reports to the Engineer in accordance with the procedure outlined in
the Contract. Progress payments will not be processed until such time that the
Contractor submits Certified Payroll reports to the Engineer.
SC-44
Fuel and Asphalt Price Adjustments: This project is subject to New Jersey Law
requirements for Fuel and Asphalt Price Adjustments. Adjustments shall be calculated
and paid in accordance with the New Jersey Department of Transportation Standard
Specifications for Roads and Bridges, as currently amended.
SC-45
Retainage: 2% retainage shall be held on projects with a total value greater than
$100,000.00, projects less than $100,000.00 shall have a retainage held in the amount
of 10%.
SC-46
A maintenance bond in the amount of 100% of the final construction cost and valid for
SC 6 | 6
a period of two (2) years is required for this project.
SC-47
Pre-Construction
Meeting:
Before
construction
is
started,
pre-construction
conferences are to be held. During the first conference the Owner, his Engineer, and
the Contractor will discuss the procedures to be followed by the Contractor during the
construction process. Upon award from the City, the contracts will be forwarded to
the Contractor for his signatures. At the pre-construction meeting, the Contractor is
required to submit the executed Contract Documents, Affirmative Action Forms,
Performance Bond, Certificate of Liability and Workmen’s Compensation Insurance,
and Construction Schedule.
SC-48
The Contractor is required to begin work within ten (10) days, Saturdays, Sundays and
holidays excepted, of Contractor’s receipt of written Notice to Proceed issued by the
Owner.
SC-49
The Contractor must provide a copy of his W-9 Forms prior to the issuance of his
Notice to Proceed.
SC-50
The Contractor and all sub-contractors shall be registered with the NJ Department of
Labor & Workforce Development and provide proof of the Public Works Contractor
Registration. All Public Works Contractor Registrations shall be maintained for the
duration of the project.
SC-51
This Project is funded by the Township of Cranford.
STANDARD SPECIFICATIONS
SS 1 | 1
STANDARD SPECIFICATIONS
The Standard Specifications for Road and Bridge Construction of New Jersey Department of Transportation, latest
edition, (Standard Specifications) as added to and/or amended elsewhere herein by the Notice to Bidders
(Advertisement), Form of Proposal, Instructions to Bidders, General Conditions, Special Provisions, Project Plans,
and Supplementary Specifications; shall, insofar as technical requirements are involved, govern in the execution of
this project.
Such Standard Specifications are made a part of these Specifications by this reference and will not be repeated
herein except for restating of the pay items in the proposal. It is the responsibility of prospective bidders to
familiarize themselves with the Standard Specifications, copies of which may be examined on-line
(https://www.state.nj.us/transportation/eng/specs/2019/Division.shtml) or at the office of the Engineer and may be
obtained, upon payment of the cost thereof, from:
Department of Transportation
State of New Jersey
1035 Parkway Avenue
Trenton, New Jersey 08625
The Notice to Bidders (Advertisement), Form of Proposal, Instructions to Bidders, General Conditions, Special
Provisions, Project Plans and/or Supplementary Specifications shall govern and prevail in the case of conflict
between them and the Standard Specifications.
In the Standard Specifications the words "COMMISSIONER" or, "DEPARTMENT" shall refer to and mean the
person, persons, body, board or agent legally empowered to enter into contracts and otherwise legally act for the
OWNER. The word "STATE" shall refer to and mean the professional engineering representative of the OWNER
as hereinbefore defined and the word "ENGINEER" shall refer to and mean the professional engineering
representative of the OWNER as hereinbefore defined and the word "INSPECTOR" shall mean the authorized
project representative of the Engineer with the authority as hereinbefore defined. The word "LABORATORY" shall
mean and refer to the Engineer who may, at his discretion, and with the consent of the OWNER, employ qualified
technical personnel or testing laboratories to assist him in fulfilling the duties normally assigned to the
"LABORATORY" in these Standard Specifications.
When reference is made herein to the bulletins, standards, specifications, publications or requirements of the
American Association of State Highway and Transportation Officials (AASHTO), the American Concrete Institute
(ACI), the American Society of Civil Engineers (ASCE) or similar national or regional societies, associations,
institutes or organizations, the requirements of the bulletins, specifications, publications or requirements referred to
shall be considered a part of these Specifications by such reference and shall not be repeated herein but shall have
the same impact and be as binding as if herein set forth in full.
STANDARD DETAILS
New Jersey Department of Transportation standard construction/traffic control/bridge details booklet dated 2016 (or
most recent revision) are applicable to this project and by this reference are made part hereto.
State of New Jersey
Department of Transportation
Special Provisions
SP-1 of SP-30
SPECIAL PROVISIONS
FOR
2022 CAPITAL ROAD IMPROVEMENTS
IN THE TOWNSHIP OF CRANFORD
COUNTY OF UNION
AUTHORIZATION OF CONTRACT
The contract for this project is authorized by the provisions of local public contracts law, NJSA 40A: 11-1 et seq.
SPECIFICATIONS TO BE USED
The 2019 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation
(Department) as amended herein will govern the construction of this Project.
WAGE RATES
The contractor shall pay the minimum wage rates determined by the New Jersey Department of Labor.
State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development (Telephone:
609-292-2259)
or
by
accessing
the
Department
of
Labor
&
Workforce
Development’s
website
at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/prevailing_wage_determinations.html. The State wage rates in effect
at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.).
In the event it is found that any employee of the contractor or any subcontractor covered by the contract, has been paid a
rate of wages less than the minimum wage required to be paid by the contract, the contracting agency may terminate the
contractor's or subcontractor's right to proceed with the work, or such part of the work, as to which there has been a
failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall
be liable to the contracting agency for any excess costs occasioned thereby.
GENERAL
Payment for a pay item in the proposal includes all the compensation that will be made for the work of that item as
described in the contract documents unless the "measurement and payment" clause provides that certain work essential to
that item will be paid for under another pay item.
Whenever any section, subsection, subpart or subheading is amended by such terms as changed to, deleted or added it is
construed to mean that it amends that section, subsection, subpart or subheading of the 2019 Standard Specifications
unless otherwise noted.
Whenever reference to page number is made, it is construed to refer to the 2019 Standard Specifications unless otherwise
noted.
Henceforth in this supplementary specification whenever reference to the State, Department, ME, RE or Inspector is
made, it is construed to mean the particular municipality or county executing this contract.
SP-2 of SP-30
DIVISION 100 - GENERAL PROVISIONS
--------------------------------
THE FOLLOWING SECTIONS OF THE STANDARD SPECIFICATIONS ARE DELETED:
SECTION 101 - GENERAL INFORMATION
SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS
SECTION 103 - AWARD AND EXECUTION OF CONTRACT
SECTION 104 - SCOPE OF WORK
SECTION 105 - CONTROL OF WORK
SECTION 106 – CONTROL OF MATERIAL
THE SECTION HEADING IS CHANGED TO:
SECTION 106 – CONTROL OF MATERIAL AND EQUIPMENT
SECTION 107 - LEGAL RELATIONS
SECTION 108 - PROSECUTION AND COMPLETION
SECTION 109 - MEASUREMENT AND PAYMENT
THESE SECTIONS OF THE STANDARD SPECIFICATIONS ARE CHANGED TO THE REQUIREMENTS OF
THE CONTRACTING AGENCY.
SP-3 of SP-30
DIVISION 150 – CONTRACT REQUIREMENTS
--------------------------------
THE FOLLOWING SECTIONS OF THE STANDARD SPECIFICATIONS ARE DELETED:
SECTION 151 – PERFORMANCE BOND AND PAYMENT BOND
SECTION 152 - INSURANCE
SECTION 153 – PROGRESS SCHEDULE
THESE SECTIONS OF THE STANDARD SPECIFICATIONS ARE CHANGED TO THE REQUIREMENTS OF
THE CONTRACTING AGENCY.
SECTION 158 – SOIL EROSION AND SEDIMENT CONTROL
AND WATER QUALITY CONTROL
158.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
INLET FILTER, TYPE 2, 2’ X 4’
UNIT
SECTION 159 – TRAFFIC CONTROL
159.01 Description
THE FOLLOWING IS ADDED:
The Contractor is responsible for the control of traffic and the installation and maintenance of traffic control devices
during the preparation, construction and restoration of the project. The Contractor shall coordinate with the Traffic
Division of the local Police Department. Vehicular and pedestrian access for local traffic shall be kept open at all times,
unless prior approval from the Police Department is obtained.
159.03.01 Traffic Control Coordinator
THE FIRST PARAGRAPH BEFORE THE LIST IS CHANGED TO:
Before starting Work, submit to the RE the name, training, work experience, and contact information of an employee
assigned as the on-site Traffic Control Coordinator (TCC). The TCC must be certified as having successfully completed
the Rutgers CAIT Traffic Control Coordinator Program, or an equivalent course as approved by the NJDOT Office of
Capital Project Safety. The TCC must also successfully complete an approved Traffic Coordinator refresher course every
2 years. The TCC is a full-time position and the employee designated as TCC must be available on a 24 hour a day, 7
days a week basis. The TCC shall have the responsibility for and authority to implement and maintain all traffic
operations for the Project on behalf of the Contractor. Ensure that the TCC is present at the work site at all times while
the Work is in progress. The TCC’s responsibilities and duties shall include the following:
159.03.02 Traffic Control Devices
THE FIRST PARAGRAPH IS CHANGED TO:
Ensure that FHWA category 1, 2, 3, and 4 traffic control devices (TCDs) conform to the requirements of the 2016
Edition of the Manual for Assessing Safety Hardware (MASH), except that TCDs manufactured on or before December
31, 2019 must have been purchased by the Contractor on or before December 31, 2019, and conform to the requirements
of NCHRP 350, MASH 2009, or MASH 2016. Provide each device’s applicable MASH 2016, MASH 2009, or NCHRP
SP-4 of SP-30
350 test results and FHWA Eligibility letter, if issued by the FHWA, to the RE. Provide the RE with the purchase date
certification for devices not meeting the MASH 2016 requirements upon delivery to the site. Ensure that traffic control
devices meet or exceed an acceptable condition as described in the ATSSA guide Quality Standards for Work Zone
Traffic Control Devices. Traffic control devices need not be new but must be in good condition. Provide traffic control
devices according to MUTCD.
2.
Construction Barrier Curb.
THE SECOND PARAGRAPH IS CHANGED TO:
At least 30 days before delivering construction barrier curb to the Project Limits, provide the RE notice that
the barrier curb is available for inspection. Ensure the barrier curb is not stacked for this inspection. The RE
will inspect the barrier curb, along with a Contractor representative, to determine what pieces are not
approved for delivery to the Project Limits. Final determination of construction barrier approval will be made
at the time of placement at the Project.
159.03.08 Traffic Direction
PART B IS CHANGED TO:
B.
Police. Police are either provided by the RE as employees of the State, or by the local government as a vendor to
the State. The use of police services by the RE does not relinquish or diminish the Contractor’s responsibilities for
work zone safety.
Submit a request for police services to the RE 72 hours before beginning construction operations.
Activities requiring police services include:
1. Traffic direction through signalized intersections, where the integrity of the existing traffic signal system is
impacted or where an override of the signal is required.
2. Temporary closure of all lanes on state highways and interstates.
Police services may be requested as an enhancement to the TCP.
This enhancement includes:
1. Temporary closure of one or more lanes on interstates.
2. Temporary closure of one or more lanes on state highways with a posted speed of 50 miles per hour or higher.
Emergency situations may prevent police from arriving at the scheduled date or time. The RE will not permit
construction operations that, by law, require police services if police are unavailable. The Department will not
accept claims for interruptions or delays resulting from any failure of police to arrive as requested.
The RE must notify State and local police of cancellations 24 hours in advance. At least 24 hours before the
scheduled start of work, notify the RE of any work cancellation for which police services were requested.
159.04 MEASUREMENT AND PAYMENT
THE FOLLOWING ITEMS ARE ADDED:
No separate payment shall be made for coordination with the local Police Department. Cost associated in coordinating
with the Police Department shall be paid under various items in the proposal.
Item
Pay Unit
BREAKAWAY BARRICADE
UNIT
DRUM
UNIT
TRAFFIC CONE
UNIT
CONSTRUCTION SIGNS
SQUARE FOOT
POLICE TRAFFIC DIRECTORS
HOUR
SP-5 of SP-30
SECTION 160 – PRICE ADJUSTMENTS
160.03.01 Fuel Price Adjustment
THE FIFTH PARAGRAPH IS CHANGED TO:
The Department will calculate fuel price adjustment on a monthly basis using the following formula:
F = (MF – BF) x G
Where:
F =
Fuel Price Adjustment
MF =
Monthly Fuel Price Index for work performed from the first day of the month to the last day of the month for
the month prior to the estimate cutoff date
BF =
Basic Fuel Price Index
G =
Gallons of Fuel for Price Adjustment
THE SEVENTH PARAGRAPH IS CHANGED TO:
The basic fuel price index is the previous month’s fuel price index before receipt of bids. The Department will use the
fuel price index for the month before the regular monthly estimate cutoff date as the Monthly Fuel Price Index for work
performed in the previous calendar month. If the Monthly Fuel Price Index increases by 50 percent or more over the
Basic Fuel Price Index, do not perform any work involving Items listed in Table 160.03.01-1 without written approval
from the RE.
160.03.02 Asphalt Price Adjustment
The Department will calculate asphalt price adjustment on a monthly basis using the following formula:
A = (MA – BA) x T
Where:
A =
Asphalt Price Adjustment
MA =
Monthly Asphalt Price Index for work performed from the first day of the month to the last day of the month for
the month prior to the estimate cutoff date
BA =
Basic Asphalt Price Index
T =
Tons of New Asphalt Binder1
1 The Department will determine the weight of asphalt binder for price adjustment by multiplying the percentage of
new asphalt binder in the approved job mix formula by the weight of the item containing asphalt binder. If a Hot
Mix Asphalt Item has a payment unit other than ton. The Department will apply an appropriate conversion factor to
determine the number of tons of asphalt binder used.
THE SIXTH PARAGRAPH IS CHANGED TO:
The basic asphalt price index is the asphalt price index for the month before the opening of bids The Department will use
the asphalt price index for the month before the regular monthly estimate cutoff date as the monthly asphalt price index
for work performed in the previous calendar month.
160.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
FUEL PRICE ADJUSTMENT
DOLLAR
ASPHALT PRICE ADJUSTMENT
DOLLAR
SP-6 of SP-30
DIVISION 200 – EARTHWORK
SECTION 201 – CLEARING SITE
201.03.01 Clearing Site
THE FOLLOWING IS ADDED:
Clearing site includes all construction demolition and/or sawcutting incidental to the completion of the project including
the removal of and legal disposal of curb (granite block, concrete curb & gutter, bluestone curb, railroad tie curb),
driveway/driveway aprons (HMA, paver and concrete) and sidewalk (HMA and concrete) as per the standard
specification.
All such materials shall be disposed of promptly and in accordance with State standards for disposal. No separate
payment shall be made for trucks and/or containers necessary to removal construction debris on a daily basis.
Clearing site includes removing vegetation and trees with a diameter of 6” or less to complete the work as shown on
plans and directed in the field by the Engineer.
Clearing site also includes trimming the existing vegetation to remove any growth obstructing 4-foot sidewalk clear path.
Clearing site shall include all necessary tree and bush trimming at the Engineer’s direction to provide visibility of all
existing and proposed signs and traffic signal indications.
Clearing site includes repainting the existing yellow curb in kind.
This work shall also consist of relocating and/or resetting the existing fence at the north-east corner of North Lehigh
Avenue and Mansion Terrace, the south-west corner of North Lehigh Avenue and Lawn Terrace and the south-west
corner North Lehigh Avenue and Edgebrook Place, to provide an adequate space for the proposed curb ramps.
Clearing site shall also include resetting and relocating the existing Regulatory and Warning Signs. All existing signs
shown on plans to be relocated, shall be installed on the new breakaway sign posts. No separate payment shall be made
for the relocation of the existing signs with the new posts.
Clearing site also includes removing pipe, inlets and manholes as per the standard specifications.
All mailboxes/mailbox posts, signage, containers, benches, parking meters, etc. within the boundaries of the project shall
be removed, protected and reinstalled as directed by the engineer prior to the completion of the project. The contractor is
responsible for documenting the items that have been temporarily removed.
This work shall also consist of resetting oil fills and cleanouts including all labor, materials and equipment for a
complete and finished product. The Contractor shall coordinate with the property owner prior to completing any work
involving the resetting and/or relocating of utility features. Contractor shall not pave over any oil fills or clean outs.
Material shall match the existing material.
This work shall also consist of resetting existing water valves, water meters, gas valves, vents, monitoring wells
including all labor, materials and equipment for a complete and finished product. Contractor shall contact the pertinent
Utilities Authority to coordinate the utility resetting/relocation, as required.
The Contractor is required to remove and dispose of any off-site excavated soil material that is in excess of that required
for the project as per NJDOT Section 202.03.07.
Clearing site also includes restoration of the damaged turf and planting areas. Contractor shall restore in kind the
disturbed areas as shown on the plans and as directed in the field by the Engineer.
Clearing site also includes cleaning the existing inlets from leaves, silt and debris.
SP-7 of SP-30
All payment requests are subject to a schedule of costs for this pay item.
201.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
CLEARING SITE
LUMP SUM
SECTION 202 – EXCAVATION
202.01 DESCRIPTION.
THE FOLLOWING IS ADDED:
This work shall also consist of all work necessary to excavate in a manner which complies with the Occupation Safety
and Health Administration (OSHA) requirements. The Contractor shall coordinate excavations with the Engineer. All
excavations must be filled or plated prior to end of work shift. No open excavations are permitted at any time that
work is not in progress. Plating of open excavations must be specifically approved by the Engineer.
The sides of all excavations shall be free of undercuts and properly sloped or braced to prevent slides and caving.
Provide barriers, snow fence, markings and guarding lighting as required at all open excavations for working and public
safety. Remove protective materials when no longer required. All excavations shall be maintained free of water and
protected at all times from frost.
1. Critical Areas of Existing Utilities: Hand excavation of such areas shall be required to ensure that utilities are
not damaged.
2. Inspection: Contractor shall not begin work until bearing surfaces have been cleared, and Engineer’s
authorization given to proceed. Contractor is required to give ample notice to permit the Engineer to arrange for
proper field inspection of conditions. The Engineer shall approve the sub-grade before permission is granted to
proceed.
3. Timing: Contractor shall schedule excavation, construction, protection, inspection, and completion to minimize
length of time that any excavation remains open.
This work shall also include the cost for all excavation and site grading required for the installation and construction of
all proposed improvements described on the project plans, including, but not limited to grassed areas, landscaped areas,
sidewalks, utilities, curb, etc. regardless of the material encountered, in conformance with the final grades provided on
the project plans.
Excavation within the grading limits of the project shall be performed to establish the sub-grade for the site. Excavation
shall include grading, preparation, and compacting all material required to bring the site to grade, as shown on the plans
or as directed by the Engineer, and all incidental work to the satisfaction of the Engineer.
202.03.01 Stripping
THE SECOND PARAGRAPH IS CHANGED TO:
Strip vegetation and underlying soil to a depth of 4 to 6 inches below the existing ground surface. Confirm the thickness
of stripping with the RE based on field conditions. Temporarily store in stockpiles, as specified in 202.03.03.B, stripped
material including excess that is determined suitable for the future use of the Department. The Department will sample
and analyze stripped material in stockpiles to determine suitability for use as topsoil. Reuse or dispose of unsuitable
stripped material as specified in 202.03.03.C.
SP-8 of SP-30
202.04 MEASUREMENT AND PAYMENT
No separate payment will be made for excavation and all cost associated with the work shall be included under various
items scheduled in the proposal.
Upon RE’s approval, the Contractor may reuse in-place coarse aggregate material in lieu of placing new dense-graded
aggregate base where adequate in-place coarse aggregate material exists. Upon removing pavement, and rough grading
the roadway subbase, the Contractor shall proof roll the in-place coarse aggregate using a static roller only. The RE will
observe the proof roll, static roller only, and determine suitability of reusing existing coarse aggregate.
Costs of compaction testing shall be included in the various pay items.
No separate payment will be made for dewatering. Include costs in the various items scheduled in the proposal.
Rock is defined as stone or hard shale in original ledge or masses and boulders over 1 cubic yard in volume that cannot
be broken and removed by normal job equipment, such as a 3/4 yard power shovel, scoops or bulldozers (all in good
normal operating condition), without the use of drills. Material which can be loosened with a pick, frozen materials,
shale and hardpan which for convenience or economy is loosened by drilling coupled with wedging will not be classified
as rock excavation. No separate payment will be made for removal of material that is not considered rock. Include costs
in the various items scheduled in the proposal.
SECTION 203 – EMBANKMENT
203.02.01 Materials
THE FOLLOWING IS ADDED:
The Imported Granular Fill To Be Placed Shall Conform To The Following Gradation:
U.S. Standard Sieve Size Percent Finer By Weight
2” 100
1” 80-100
3/8” 70-100
No. 10 50-100
No. 30 30-85
No. 60 15-65
No. 200 5-15
All fill material, whether granular fill or clean stone, shall be imported from a licensed quarry facility meeting the
following requirements:
1. New Jersey Department of Labor and Workforce Development pursuant to the New Jersey Mine Safety Act,
N.J.S.A. 34:6-98.1 et seq., and the regulations adopted thereunder at N.J.A.C. 12:185.1 et seq.; or
2. New York State Department of Environmental Conservation pursuant to the New York State Mined Land
Reclamation Law, New York ECL § 23-2701, and the regulations adopted thereunder at 6 NYCRR 420.1 et
seq.; or
3. Pennsylvania Department of Environmental Protection pursuant to the Pennsylvania Noncoal Surface Mining
Conservation and Reclamation Act, 52 P.S. § 3311(a), and the regulations adopted thereunder at 25 Pa. Code
§77.1 et seq.; or
4. Similar statutes and regulations from other states.
All imported fill material shall meet the following requirements:
1. Excavated from undisturbed geologic formations;
SP-9 of SP-30
2. Obtained from a licensed quarry/mine;
3. Not located on or impacted by on-facility or off-facility contaminant sources;
4. Not comingled with any other material;
5. Not known or suspected of being contaminated;
6. Not adversely impacted by discharges of hazardous materials or chemical application;
7. Not affected by conditions or processes that would result in the introduction of contaminants into the licensed
quarry/mine material in concentrations above any federal or state regulatory threshold or standard;
8. Not affected by conditions or processes that would increase the concentrations of natural contaminants already
present in the licensed quarry/mine material to concentrations above regulatory concern, and;
9. If contaminant testing results are available for the project site, the natural contaminant concentrations in the fill
to be imported are consistent with the concentrations existing at the project site.
Imported fill and clean stone shall be free from pieces coated with clay, caked stone dust and other objectionable
materials. It shall not contain more than 5% of weathered and decomposed rock, not more than 5% of stone of types
other than the type being used, in accordance with the specifications, and not more than 7%, by weight of flat or
elongated pieces. A flat piece shall be one in which the ratio of the width to thickness of its circumscribing rectangular
prism is greater than 5:1, and an elongated piece shall be one in which the ratio of the length to width of its
circumscribing rectangular prism is greater than 5:1. The percentage of wear shall be determined in accordance with
A.A.S.H.T.O. Designation T3.
203.03.02 Constructing Embankment
THE FOLLOWING IS ADDED:
The contractor shall install the material in lifts and compact the material to 95% compaction so that settling of the site
does not occur.
203.04 MEASUREMENT AND PAYMENT.
THE ENTIRE SUBSECTION IS REPLACED BY THE FOLLOWING:
No separate payment shall be made for import, grading and compaction of fill material required to reach desired grades
as shown on the plans, but price thereof shall be included in the respective pay items scheduled in the proposal.
SP-10 of SP-30
DIVISION 300 – SUBBASE AND BASE COURSES
SECTION 301 – SUBBASE
301.04 MEASUREMENT AND PAYMENT.
THE ENTIRE SUBSECTION IS REPLACED BY THE FOLLOWING:
No separate payment shall be made for preparing, spreading, and grading all SUBBASE COURSES, as necessary to
comply with the construction details provided on the plans but price thereof shall be included in the respective pay items.
SECTION 302 – AGGREGATE BASE COURSE
302.04 MEASUREMENT AND PAYMENT
THE ENTIRE SUBSECTION IS REPLACED BY THE FOLLOWING:
No separate payment shall be made for aggregate base course used in the construction of driveways, sidewalks and/or
curb but price thereof shall be included in the respective pay items.
SP-11 of SP-30
DIVISION 400 – PAVEMENTS
SECTION 401 – HOT MIX ASPHALT (HMA) COURSES
401.01 Description
THE FOLLOWING SECTION IS ADDED:
The use of a nuclear density meter is recommended during construction to assist in confirming that compaction
requirements have been met. However, the Contractor shall be aware that only asphalt core tests will determine final
compliance in accordance with Section 401.03.07 H. of the Standard Specifications.
The Contractor shall submit a paving Plan to the Engineer prior to construction. It shall delineate number of paving
passes, width and length. The Contractor shall maintain the existing crown within each roadway. A pavement pass shall
not straddle the centerline. Sawcutting shall be performed at each paving limit before demolition activities begin.
Additional payment for sawcut shall not be made.
Prior to milling operations, the Contractor shall meet with the Engineer to determine whether any utility castings must be
reset to meet proposed grade. All castings shall be flush with the final elevation.
Any curb that has been damaged due to milling operations shall be replaced in kind by the Contractor at no cost to the
owner.
401.03.07 HMA Courses
C. Test Strip
REPLACE THE FIRST PARAGRAPH OF THIS SECTION WITH THE FOLLOWING:
Test Strip. Construct a test strip for each HMA mix for contracts with more than a total of 5,500 tons of HMA. For
HMA HIGH RAP, construct the test strip at least 14 days prior to production. Test strips are not necessary for
temporary pavement. Ensure that the tack coat or prime coat has been placed as specified in 401.03.05 and 401.03.06,
before placing HMA. Transport and deliver, spread and grade, and compact as specified in 401.03.07.D, 401.03.07.E, and
401.03.07.F, respectively, and according to the approved paving plan. Construct a test strip for the first 700 to 1,200
square yards placed for each job mix formula. If the paving lot area is less than 700 square yards, the District Local
Aid Office may waive the coring requirements. While constructing the test strip, record the following information
and submit to the RE:
H.
Air Void Requirements.
FOR LOCAL AID PROJECTS, THIS SUBSECTION IS REPLACED BY THE FOLLOWING.
Pavement lots are defined as approximately 15,000 square yards of pavement in Surface area. If pavement lot area is
less than 5000 square yards, the District Local Aid Office may waive the air voids requirements.
The RE will designate an independent testing agency (Laboratory) to perform the quality assurance sampling, testing and
analysis. The Laboratory is required to be accredited by the AASHTO Accreditation Program (www.amrl.net). The
Laboratory’s accreditation must include AASHTO T 166 and AASHTO T 209.
The Laboratory Technician who performs the quality assurance sampling shall be certified by the Society of Asphalt
Technologists of New Jersey as an Asphalt Plant Technologist, Level 2.
The Laboratory will determine air voids from 5 (Five) 6 inch diameter cores taken from each lot in random locations
within the traveled way and at least one core in each travel lane. The HMA Core Sampling Plan form provided on the
Local Aid Website must be utilized by the Laboratory to determine the random locations of the cores. The Laboratory
may rerun the random location functions on the HMA Core Sampling Plan form to resolve any conflicts generated by the
HMA Core Sampling Plan form and physical limitations of the HMA lot, such as utility conflicts, or the specifications
defined herein. The coring locations must be designated by a station and offset, and offsets are taken from the left edge
of the pavement in the direction of travel within the lane lines. The Laboratory must disclose the contents of the HMA
SP-12 of SP-30
Core Sampling Plan with the Contractor to assist in the schedule of construction.
The Laboratory will determine air voids of cores from the values for the maximum specific gravity of the mix and the
bulk specific gravity of the core. The Laboratory will determine the maximum specific gravity of the mix according to
NJDOT B-3 and AASHTO T 209, except that minimum sample size may be waived in order to use a 6-inch diameter
core sample. The Laboratory will determine the bulk specific gravity of the compacted mixture by testing each core
according to AASHTO T 166.
The Laboratory will calculate the percent defective (PD) as the percentage of the lot outside the acceptable range of 2
percent air voids to 8 percent air voids. The acceptable quality limit is 15 percent defective. For lots in which PD > 15,
the Department will assess a negative pay adjustment.
The Laboratory will use and submit to the RE form DS8S-PD provided from The Local Aid District Office and verify
manually the PD calculation.
The Laboratory will calculate pay adjustments based on the following:
1.
Sample Mean (X̅ ) and Standard Deviation (S) of the N Test Results (X1, X2,…, XN).
2.
Quality Index (Q).
3.
Percent Defective (PD). Using NJDOT ST for the appropriate sample size, the Laboratory will determine PDL
and PDU associated with QL and QU, respectively. PD = PDL + PDU
4.
Reduction Per Lot. Calculate the reduction per lot as specified in Table 401.03.07-3:
Table 401.03.07-3
Reduction in Payment for Nonconformance to Air Void Requirements
Percent Defective (PD) Per Lot
Reduction Per Lot (%)
0 < PD ≤ 15
0
SP-13 of SP-30
15 < PD ≤ 30
0.5
30 < PD ≤ 35
2
35 < PD ≤ 40
10
40 < PD ≤ 45
15
45 < PD ≤ 50
20
50 < PD ≤ 60
30
60 < PD ≤ 75
45
PD > 75
Remove & Replace
5.
Outlier Detection. If PD < 10, the Laboratory will not screen for outliers. If PD ≥ 10, the Laboratory will
screen acceptance cores for outliers using a statistically valid procedure. The following procedure applies
only for a sample size of 5 or 10.
1.
The Laboratory will arrange the core results in ascending order, in which X1 represents the smallest
value and XN represents the largest value.
2.
If XN is suspected of being an outlier, the Laboratory will calculate:
3.
If X1 is suspected of being an outlier, the Laboratory will calculate:
4.
For N = 5 if R > 0.642, the value is judged to be statistically significant and the core is
excluded.
For N = 10 if R > 0.412, the value is judged to be statistically significant and the core is excluded.
If an outlier is detected for N = 5 and no retest is warranted, the Contractor may replace that core by taking an
additional core at the same offset and within 5 feet of the original station. If an outlier is detected and a retest
is justified, take a replacement core for the outlier at the same time as the 5 additional retest cores are taken.
If the outlier replacement core is not taken within 15 days, the Laboratory will use the initial core results to
determine reduction per lot.
If an outlier is detected for N = 10, the Contractor may replace that core by taking an additional core at the same
offset and within 5 feet of the original station. If the outlier replacement core is not taken within 15 days, the
Laboratory will use the initial core results to determine the reduction per lot.
6.
Retest. If the initial series of 5 cores produces a percent defective value of PD 30 for mainline or ramp
lots, or PD 50 for other pavement lots, the Contractor may elect to take an additional set of 5 cores at
random locations chosen by the HMA Core Sampling Plan form. Take the additional cores within 15 days of
receipt of the initial core results. If the additional cores are not taken within the 15 days, the Laboratory will
use the initial core results to determine the PPA. If the additional cores are taken, the Laboratory will
recalculate the reduction per lot using the combined results from the 10 cores.
7.
Removal and Replacement. If the final lot PD ≥ 75 (based on the combined set of 10 cores or 5 cores if the
Contractor does not take additional cores), remove and replace the lot and all overlying work. The replacement
work is subject to the same requirements as the initial work.
For shoulder lots, the Department will assess the calculated reduction per lot instead of removal and
replacement. Fog seal the lot as specified in 422.03.01.
SP-14 of SP-30
I.
Thickness Requirements.
1.
Total Thickness.
THE ENTIRE TEXT IN PART E IS CHANGED TO:
THIS SUBSECTION IS DELETED. IN NO INSTANCE WILL A COMPACTED AVERAGE THICKNESS OF
LESS THAN 1.25 INCHES BE ACCEPTABLE.
J.
Ride Quality Requirements.
THE ENTIRE TEXT IS CHANGED TO
The Department will evaluate the ride quality of the final riding surface of all constructed pavement on the project,
for routes designated as National Highway System (NHS) and routes under NJDOT jurisdiction, using the
International Roughness Index (IRI) according to ASTM E 1926. All NHS roadways are listed on the Department’s
website here. The Department may evaluate ride quality of other routes not designated as NHS or under NJDOT
jurisdiction. The final riding surface is defined as the last lift of the pavement structure where traffic will be
allowed. The pavement will be evaluated using the current average IRI (C) to select the target IRI (T) from Table
401.03.07-8. The current average IRI (C) is defined as the preconstruction ride quality measured not more than two
years from the start of the project pavement construction.
The RE will designate an independent testing agency to perform the ride quality testing and analysis. The testing
agency is required to comply with testing and certification requirements according to NJDOT R-1. If the current
average IRI (C) is not available, then the testing agency will test, analyze and report ride quality before pavement
construction to measure current average IRI (C). The testing agency will use and submit to the RE the IRI Testing
Summary Report form provided from The Local Aid District Office and verify manually the pay adjustment
calculation.
Current IRI data for paving routes designated NHS or NJDOT jurisdiction can be made available by request by
contacting Simon Nwachukwu at Simon.Nwachukwu@dot.nj.gov.
For projects paving routes designated NHS or NJDOT jurisdiction on mainline travel lanes equal to or greater than
2,500 feet length and any lane within the project of at least 1,000 feet length, the Department will evaluate the ride
quality of the final riding surface of the mainline travel lanes using IRI. The Department will use the measured IRI
to calculate the pay adjustment (PA) using pay adjustment equation (PAE) type PA1 as specified in Table
401.03.07-7. PA will be based on lots of 0.01 mile length. The PA will be zero for acceptable quality and negative
for inferior quality work.
For projects paving routes designated NHS or NJDOT jurisdiction on mainline travel lanes of less than 2,500 feet
length, the RE will visually inspect the final riding surface. Based on visual inspection, if the RE determines that
the work may not conform to the ride quality requirements, then the Department will evaluate the ride quality of the
final riding surface using IRI. Visual inspection by the RE is considered sufficient grounds for such evaluation.
The Department will use the measured IRI to calculate the PA using pay equation type PA1 as specified in Table
401.03.07-7.
For paving on ramps and shoulders, the RE will visually inspect the final riding surface. Based on visual inspection,
if the RE determines that the work may not conform to the ride quality requirements, then the Department will
evaluate the ride quality of the final riding surface using IRI. Visual inspection by the RE is considered sufficient
grounds for such evaluation. The Department will use the measured IRI to calculate the pay adjustment using pay
equation type PA2 as specified in Table 401.03.07-7.
When paving over bridge structures on NHS or NJDOT jurisdiction roadways, the Department will use the
measured IRI to calculate the pay adjustment using pay equation type PA3 as specified in Table 401.03.07-7.
For paving on Local roadways other than NHS and NJDOT jurisdiction on mainline travel lanes equal to or greater
than 2,500 feet length and any lane within the project of at least 1,000 feet length, the Department may evaluate the
ride quality of the final riding surface of the mainline travel lanes using IRI. Local roadways are defined as
municipal and county roads that are not designated as part of the NHS. The Department will use the measured IRI
SP-15 of SP-30
to calculate the pay adjustment (PA) using pay adjustment equation (PAE) type PA4 as specified in Table
401.03.07-7.
1. Smoothness Measurement. The Department will test the longitudinal profile of the final riding surface for
ride quality with a Class 1 Inertial Profiling System according to NJDOT R-1. If project conditions preclude
the use of the Class 1 Inertial Profiling System, the Department will use a Class 1 Walking Profiler or
lightweight profiler.
2. Quality Control Testing. Perform quality control testing during lift placement to ensure compliance with the
ride quality requirements specified in Table 401.03.07-8.
3. Preparation for IRI Testing. Notify the RE when all paving is complete and the RE will request IRI testing
by independent testing agency. Provide traffic control when the independent testing agency performs IRI
testing. Perform mechanical sweeping of the surface before IRI testing. To facilitate auto triggering on laser
profilers, place a single line of temporary pavement marking tape perpendicular to the roadway baseline at the
beginning and end of each lane, shoulder, and ramp to be tested or as per direction of the independent testing
agency. Submit the actual stationing for each temporary pavement marking tape location to the RE.
4. Quality Acceptance. The Department will determine acceptance and provide PA based on the following:
a. Pay Adjustment. The acceptable IRI for the roadway pavement will be the target IRI (T) from Table
401.03.07-8 rounded to the nearest whole number for which full payment will be made and will be
determined using the latest available current average IRI (C) data. The number of lots for final pay
adjustment will be reduced by the number of lots excluded for each segment shown in Table
401.03.07-7. Lots excluded from final PA will be those with the highest recorded IRI numbers for
respective roadway and bridge deck segments. A single average IRI value and the corresponding PA
for each 0.01 mile lot will be reported. IRI units are in inches per mile.
Table 401.03.07-7 Pay Adjustment Equations (PAE) for Ride Quality
Pay Equation Type
Exclusions
Pay Equations
PA1
As shown in the
Special Provisions
Table 401.03.07-7A
IRI<T
PA1=02
T≤IRI≤170
PA1=PAE
IRI>170
PA1= -A or Corrective action
PA2
Will include, if tested
IRI ≤ 120
PA2 =02
120 < IRI ≤ 170
PA2 = (IRI − 120) x (−$5.00)
IRI>170
Maximum Negative Pay or Corrective action
PA3
Will include, if tested
IRI≤120
PA3=02
120<IRI≤170
PA3=PAE
IRI>170
PA3= -A or Corrective action
PA4
Will include, if tested
IRI ≤ T
PA4=02
T < IRI ≤ T+80 or
170 whichever is
higher
PA4 = (IRI − T) x (−$1.25)
IRI>T+80 or 170
whichever is higher Maximum Negative Pay or Corrective action
𝑃𝐴𝐸=
A
−37.75347 × log𝑒(𝑇) + 194.87 −
A
−37.75347 × log𝑒(𝐼𝑅𝐼) + 194.87
A = 1267.2 M
9 + PD
150
SP-16 of SP-30
P = Bid price of last lift of the pavement structure to be evaluated or price listed in table 401.03.07-7B, whichever is
higher, per Ton
D1 = Design thickness of last lift to be evaluated, Inch
M = Bid price of Milling, per Square Yard
T = Target IRI
1.
For various design thicknesses of last lift to be evaluated within a segment, calculate the thickness using the
following equation:
Where:
DN = Design thickness of the last lift to be evaluated of N sections having same mix, Inch
NN = Number of lots of N section with design thickness DN of last lift to be evaluated
2.
Positive pay adjustment will be used to offset negative pay adjustment. Total pay adjustment will not be greater
than zero.
THE FOLLOWING IS ADDED:
Table 401.03.07-7A Exclusions for Resurfacing or Reconstruction
Roadway
Lane Number
Exclusions
Lane designation is by increasing numbers from left to right in the direction of traffic with left lane being
Lane 1.
Table 401.03.07-7B Minimum Value of P
Surface Course Mix
P
Hot Mix Asphalt (Dense Graded) with PG 64-22 binder
$60.00
Hot Mix Asphalt (Dense Graded) with PG 64E-22 binder
$70.00
Stone Matrix Asphalt, High Performance Thin Overlay, Ultra-Thin Friction
Course, Open Graded or Gap Graded Mixes not specified in this table
$80.00
Bridge Deck Waterproof Surface Course
$250.00
Table 401.03.07-8 Target IRI for Resurfacing or Reconstruction (T)3
Roadway Type
Current average
IRI (C)
New Construction
or
Reconstruction
Number of Operation for other than New
Construction or Reconstruction5
One4
Two4
Three4
Four or
More4
Target IRI (T)
NHS & NJDOT
Freeways or Limited
Access Highways
≤ 60
50
50
50
50
50
61 to ≤95
53
50
50
50
96 to ≤170
55
53
50
50
171 to≤200
0.64C7
55
53
50
201 to ≤285
58
55
50
>2868
60
58
53
NHS & NJDOT
Roadways other than
Freeways or Limited
Access Highways with
speed limit > 35 MPH
≤ 60
60
60
60
60
60
61 to ≤95
63
60
60
60
96 to ≤170
66
63
60
60
171 to≤200
0.64C7
66
63
60
201 to ≤285
69
66
60
SP-17 of SP-30
>2868
72
69
63
NHS & NJDOT
Roadways other than
Freeways or Limited
Access Highways with
speed limit ≤ 35 MPH
≤ 60
70
70
70
70
70
61 to ≤95
74
70
70
70
96 to ≤170
77
74
70
70
171 to≤200
0.64C7
77
74
70
201 to ≤285
81
77
70
>2868
84
81
74
Local Roadway with
Posted Speed ≥45 MPH
C
80
0.7C or 80
whichever
is higher
0.49C or
80
whichever
is higher
0.34C or
80
whichever
is higher
0.24C or 80
whichever
is higher
Local Roadway with
Posted Speed <45 MPH
C
100
0.84C or
100
whichever
is higher
0.59C or
100
whichever
is higher
0.41C or
100
whichever
is higher
0.29C or
100
whichever
is higher
1.
The Department will determine target IRI (T) of roadways containing multiple speed limits of greater than 35
MPH and less than or equal to 35 MPH based on the following equation:
Target IRI of a roadway consists of N Roadway type T = T1L1 + T2L2 + ⋯… TNLN
L1+L2+L3+ … . LN
Where TN is the Target IRI of N section and LN is the length of N section in miles to the nearest 0.01 mile
2.
Current average IRI (C) is the average of the latest available preconstruction IRI data.
3.
The target IRI (T) is selected or calculated from the table and rounded to the nearest whole number.
4.
Multiply T with 1.05 for HMA over Concrete, if total HMA after proposed treatment is less than 8 inch thick.
5.
Milling is one operation. Paving each layer of asphalt mix is an individual operation unless plans specify
paving a mix in two lifts. In such case, each lift is considered as an operation.
6.
Construction or reconstruction of full pavement box on subgrade is new construction or reconstruction.
7.
Use Pay Equation as below:
IRI≤T
PA=0
IRI>T
PA=PAE
8.
For paving over rubblized concrete, use C >286 to determine target IRI, then multiply T with 1.05 if total HMA
after proposed treatment is less than 8-inch thick.
9 Paving in one lift with no corrective work such as milling, grinding or pre-levelling of at least 25 percent of
surface area of existing pavement is one operation.
b.
Corrective Action. The Department may require corrective action or assess the maximum negative pay
adjustment as computed in Table 401.03.07-7, if the average IRI after testing is performed of NHS or
NJDOT jurisdiction roadway is greater than 170 inches per mile, or average IRI local roadway is greater
than T+80 or 170 whichever is higher. If the Department requires corrective action submit a plan for
corrective action. If the plan for corrective action is approved and the lot is corrected, the Department
will retest and evaluate the corrected area as a new lot that must meet the same requirements as the
initial work. If the plan for corrective action is not approved, the Department may require removal and
replacement. The replacement work is subject to the same requirements as the initial work.
401.03.08 Core Samples
REPLACE THIS SUBSECTION WITH THE FOLLOWING:
The LPA will designate an independent testing agency (Laboratory) to perform the quality assurance sampling, testing
and analysis. The Laboratory is required to be accredited by the AASHTO Accreditation Program (www.amrl.net). The
Laboratory’s accreditation must include AASHTO T 166 and AASHTO T 209. The Laboratory Technician who
performs the quality assurance sampling shall be certified by the Society of Asphalt Technologists of New Jersey as an
Asphalt Plant Technologist, Level 2.
SP-18 of SP-30
Upon completion of an HMA lot, the Laboratory shall drill cores at random locations at least 12 hours after paving. Take
cores in the presence of the RE. The Laboratory will determine air voids from 5 (Five) 6 inch diameter cores taken from
each lot in random locations within the traveled way and at least one core in each travel lane. The HMA Core Sampling
Plan form provided on the Local Aid Website must be utilized by the Laboratory to determine the random locations of
the cores. The Laboratory may rerun the random location functions on the HMA Core Sampling Plan form to resolve any
conflicts generated by the HMA Core Sampling Plan form and physical limitations of the HMA lot, such as utility
conflicts, or the specifications defined herein. The Laboratory must disclose the contents of the HMA Core Sampling
Plan with the Contractor to assist in the schedule of construction.
The Laboratory shall use drilling equipment with a water-cooled, diamond-tipped masonry drill bit that produces 6 inch
nominal diameter cores for the full depth of the pavement. The Laboratory shall remove the core from the pavement
without damaging it. After the Laboratory removes the core, the Laboratory shall remove all water from the hole. The
Laboratory shall apply an even coating of tack coat to sides of the hole. The Laboratory shall place cold patching
material or HMA in maximum lifts of 4 inches in the hole and compact each lift. If cold patching material is utilized to
fill the coring hole, then it is not necessary to apply tack coat to the sides of the hole. The Laboratory shall ensure that
the final surface is 1/4 inch above the surrounding pavement surface.
HMA cores are to be taken from the HMA lot for quality assurance sampling, testing and analysis within seven
(7) days of completing the HMA lot. For test strip lots and the first traveled way lot, the Laboratory shall deliver cores
from the field to the testing Laboratory within 48 hours of completing the lot. The Laboratory shall deliver all other
acceptance cores within 7 days of completing the lot.
After each air void lot is placed, the Laboratory shall drill cores so that the full depth of the course is recovered for air
void acceptance testing. If thickness acceptance testing is required as specified in 401.03.07.I, the Laboratory shall drill
the surface course air void cores for the full depth of pavement.
The Laboratory shall utilize a tamper proof core sample box for core storage and transportation. The Laboratory shall
ensure that the core sample box can be locked and sealed and is tamper proof in such a manner that it cannot be opened
without removing the seals. The Laboratory shall ensure that the core sample box provides protection for the cores from
being disturbed or damaged during transit. The Laboratory shall mark the assigned core number on the side of the
sample. The Laboratory shall place core samples in the core sample box. The Laboratory shall transport the sealed core
sample boxes to the testing Laboratory.
The Laboratory will not accept damaged core samples for testing. If the core sample box exhibits indications of
tampering, the core samples will be rejected. If any core samples are rejected, drill a replacement core at the same offset
and within 5 feet of the original station and deliver to the Laboratory as specified above within 48 hours.
If the project is utilizing quality control cores, the Laboratory shall provide the results of the quality control core testing
to the Contractor in a timely manner which will not unnecessarily impede construction.
THE FOLLOWING SUBSECTION IS ADDED:
401.03.09 Sealing of Cracks in Concrete Base Course
Seal cracks that are 1/4 inch wide or wider. Clean cracks to a depth of 1 inch using a random crack saw, carbide-tipped,
rotary-impact router, commercial power-driven wire brush, or by other RE approved means. Provide acceptable
protective screening if the cleaning operation causes damage to or interference with traffic in adjacent lanes.
Immediately before applying sealant, clean cracks and dry further with a hot-air lance. At least 10 days before beginning
the work, submit to the RE a copy of the manufacturer’s recommendations for heating and applying the sealant. Seal
cracks with hot-poured joint sealant according to the manufacturer’s recommendations. Cut sealant into small pieces to
facilitate slow and uniform melting with constant stirring. Ensure that the temperature of the sealant in the field
application equipment does not exceed the recommended safe heating temperature. Do not heat sealant material at the
pouring temperature for more than 6 hours and do not reheat. Pour sealant into the cracks so that, upon completion of the
work, the surface of the sealant is flush with or not more than 1/4 inch lower than the surface of the adjacent concrete
base course. If the sealant subsides to a lower level, perform another pouring. When more than 1 pour is required to fill
the cracks, perform succeeding pours immediately after shrinkage of the previous pouring. If spilling or overfilling
SP-19 of SP-30
occurs, immediately squeegee the crack. If the RE determines that the overfilled crack or spilled sealant creates a
slippery, hazardous, or otherwise undesirable condition, initially correct the area by sprinkling a light application of
abrasive (sand or grit material) to absorb the excess material, restore skid-resistance, and abate the condition caused by
the overpour. After the excess material has been absorbed, hand sweep the area clean, and restore to its original condition
or texture to the RE’s satisfaction. Do not allow traffic or construction equipment over the poured cracks until the sealant
has hardened sufficiently to resist pickup. The RE may direct sprinkling of dry sand over poured areas to provide
additional pickup resistance.
401.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
HMA MILLING, 3” OR LESS
SQUARE YARD
HOT MIX ASPHALT PAVEMENT REPAIR
SQUARE YARD
TACK COAT
GALLON
HOT MIX ASPHALT 9.5M64 SURFACE COURSE
TON
THE FOLLOWING IS ADDED:
No separate payment shall be made for prime coat or any other materials required to properly construct the
above mentioned pay items.
No separate payment will be made for polymerized joint adhesive, but all cost thereof shall be included in the bid price
for the Hot Mix Asphalt 9.5M64 Surface Course pay item.
As per the Standard Specifications, the Hot Mix Asphalt Pavement Repair item shall include saw cutting, removal of
damaged and loose material, compacting of the subgrade and HMA base course. The Hot Mix Asphalt Pavement Repair
pay item shall also include any DGA required for repair of the pavement section. Payment for HMA surface course shall
be made under the HMA surface course pay item.
SP-20 of SP-30
DIVISION 450 – CONCRETE PAVEMENT REHABILITATION
SECTION 453 – FULL DEPTH CONCRETE PAVEMENT REPAIR
453.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
FULL DEPTH CONCRETE PAVEMENT REPAIR, HMA
SQUARE YARD
THE FOLLOWING IS ADDED:
Payment for HMA Surface Course shall be made under the Hot Mix Asphalt 9.5M64 Surface Course pay item.
SP-21 of SP-30
DIVISION 600 – MISCELLANEOUS CONSTRUCTION
SECTION 602 – DRAINAGE STRUCTURES
602.03.06 MANHOLE COVERS AND BICYCLE SAFE GRATES
Set the manhole cover or bicycle safe grate on the casting. If the manhole cover or bicycle safe grate is loose or wobbles,
grind to obtain a tight fit. Dispose of materials removed from the existing structure.
602.03.07 CURB PIECES
THE FOLLOWING SECTION IS ADDED:
Curb Pieces shall be 8” high or 6” high to match the existing curb piece to be replaced with Eco Head pieces or shall be
4” high as required for curb ramp transitions. “Drains to Waterway” shall be cast on top.
The Contractor shall be responsible for preparing an inventory of the amount of 8”, 6” or 4” heads needed for the project.
The size of the various drainage structures shall be measured before the new heads and grates are ordered. Payment for
same (8”, 6” or 4”) shall be made under the Curb Piece Pay Item.
THE FOLLOWING SECTION IS ADDED:
602.03.09 REPAIR OF INTERIOR OF DRAINAGE STRUCTURE
The inlets to be repaired/rehabilitated will be determined in the field.
Surface preparation shall consist of chipping and scraping the interior of the structure in order to accomplish the removal of
loose mortar, protective coatings, efflorescence, all contaminants, leaving a clean, structurally sound substrate. Wire brushing
or sand blasting may be required. Protruding brick mortar, and concrete shall be removed using a mason's hammer and chisel
and/or scraper.
Missing brick or CMU shall be replaced and all large voids shall be filled with quick setting patching mix.
The entire interior surface of the structure shall be skim coated with mortar (Section 903.08.01) to a minimum thickness of
1/2”.
602.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
BICYCLE SAFE GRATE (PHASE II STORMWATER COMPLIANT GRATE)
UNIT
CURB PIECE (NJDEP TYPE ‘N’ ECO)
UNIT
THE FOLLOWING ITEM ARE ADDED:
Item
Pay Unit
REPAIR INTERIOR OF DRAINAGE STRUCTURE
UNIT
THE FOLLOWING TEXT IS ADDED:
The Contractor shall be responsible for confirming the size of existing drainage structures in the field and properly sizing
Bicycle Safe Grates (Phase II Stormwater Compliant Grates) and Curb Pieces (NJDEPT Type ‘N’ Eco) to be replaced as
called out in the construction plans. No separate payment shall be made for the work associated with properly sizing
Bicycle Safe Grates and Curb Pieces but shall be included in the pay items described above.
SP-22 of SP-30
The Contractor shall clean the existing inlets from leaves, silt and debris prior to providing repair interior of drainage
structure, include cost under Clearing Site pay item.
SECTION 606 – SIDEWALKS, DRIVEWAYS, AND ISLANDS
606.01 Description
THE FOLLOWING SECTION IS ADDED:
For replacement of driveways (concrete or asphalt), the Contractor shall sawcut the existing driveway a minimum of 2’
or as far back as directed by the Engineer. Separate payment shall not be made for sawcutting. For replacement of
driveway (paver), pavers shall be removed to the required distance and stored on-site for resetting, as per the detail on
the plan. Where pavers are damaged or broken during removal or construction, the Contractor shall provide pavers to
match existing, at no additional cost to the Owner.
Handicap ramps shall be constructed as shown on the Plan. Ponding on handicap ramps and flush curbs shall not be
permitted. Handicap ramps shall be removed and replaced at the Contractor’s expense if ponding is present. All Curb
Ramps are to meet all current ADA Requirements. The dimensions and slopes presented in the detail sheets are
the minimum to comply with the ADA and NJDOT Standards. Any deviation less than the minimum width or
greater than the maximum slope from these standards must be documented to show that the standards were met and are
consistent with the most current DOJ and PROWAG regulations.
Curb Ramps require installation of Detectable Warning Surfaces. Mats shall be cut as required to span the length of the
flush curb.
All utility valve covers, building facades, manhole and inlet grates shall be free of any splatter.
The Contractor shall schedule concrete work early in the day to ensure that the surface has hardened to prevent graffiti
damage. The Contractor is responsible for providing protection for same. Police Traffic Directors hired for this purpose
shall be paid by the Contractor at no additional cost to the owner.
Any damage to concrete curb due to milling operations shall be replaced in kind by the Contractor at no additional cost
to the owner.
606.04 MEASUREMENT AND PAYMENT
REVISE THE SECOND PARAGRAPH TO:
When the RE directs undercutting of unstable material in the excavation area, the Department will make payment, for the
additional excavation. The Department will also make payment, for the additional bedding if there is not an excess of
excavation available.
Item
Pay Unit
HOT MIX ASPHALT SIDEWALK, 2” THICK
SQUARE YARD
CONCRETE SIDEWALK, 4” THICK
SQUARE YARD
HOT MIX ASPHALT DRIVEWAY, 2" THICK
SQUARE YARD
CONCRETE DRIVEWAY, REINFORCED, 6” THICK
SQUARE YARD
DETECTABLE WARNING SURFACE
SQUARE YARD
THE FOLLOWING TEXT IS ADDED:
Payment for sidewalk and driveway items shall include aggregate base course as per the details on the plans.
No separate payment shall be made for the site grading required to properly construct the above mentioned pay items but
shall be included in the pay item described in this section.
SP-23 of SP-30
SECTION 607 – CURB
607.01 Description
THE FOLLOWING TEXT IS ADDED:
Roof drains through the curb shall be replaced with PVC. Separate payment shall not be made for the reconnection of the
roof drains unless called out in the bid documents. The Contractor shall be responsible for providing positive slope from
the roof drain to the new curb.
607.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
9” X 18” CONCRETE VERTICAL CURB
LINEAR FOOT
BELGIAN BLOCK CURB
LINEAR FOOT
THE FOLLOWING TEXT IS ADDED:
Payment for curb items shall include aggregate base, if required, per the details on the plans.
No separate payment shall be made for the removal of existing curb and gutter or any other materials required to
properly construct the above mentioned pay items, but shall be included in the Clearing Site pay item.
SECTION 610 – TRAFFIC STRIPES, TRAFFIC MARKINGS, AND RUMBLE STRIPS
610.01 Description
THE FOLLOWING PARAGRAPH IS ADDED:
The Contractor shall replace all existing roadway striping at its current location. Prior to installation, the Contractor shall
obtain approval of the striping location from the local Traffic Safety Bureau and Engineer. The contractor shall install
traffic stripes within no more than 48 hours of the road being paved.
THE FOLLOWING IS ADDED TO END OF THIS SUBSECTION:
The Contractor must notify the Engineer one week prior to the installation of the any striping. The Engineer must be on-
site to inspect the work during any striping.
610.03 CONSTRUCTION
610.03.08 Removal of Traffic Stripes and Traffic Markings
THE FOLLOWING IS ADDED TO THE SECTION:
The Contractor should remove traffic stripes and traffic markings from the pavement using ultra high-pressure water,
sandblasting, waterblasting or grinding. The Contractor shall remove traffic stripes or traffic markings by methods that
do not cause damage to existing underlying or adjacent pavement and surface texture. All traffic striping and traffic
marking removal shall be approved by the Township. If pavement is damaged or the work is unsatisfactory in any way,
the pavement will be repaired at no additional cost to the Township. Black paint will not be permitted to cover old
striping.
610.04 MEASUREMENT AND PAYMENT
THE FOLLOWING ITEMS ARE ADDED:
SP-24 of SP-30
Item
Pay Unit
TRAFFIC STRIPES, 4”
LINEAR FOOT
TRAFFIC MARKING LINES, 6”
LINEAR FOOT
TRAFFIC MARKING LINES, 8”
LINEAR FOOT
TRAFFIC MARKING LINES, 12”
LINEAR FOOT
TRAFFIC MARKING LINES, 24”
LINEAR FOOT
THE SECOND PARAGRAPH IS CHANGED TO:
TRAFFIC STRIPES and TRAFFIC MARKINGS LINES will be measured by the linear foot for each specified width of
stripe. The Department will not measure gaps in striping.
“Fire Lane” marking shall be minimum of 24” height and shall be paid under TRAFFIC STRIPES, 4”.
SECTION 612 – SIGNS
612.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
REGULATORY AND WARNING SIGNS
SQUARE FOOT
THE FOLLOWING IS ADDED:
No separate payment shall be made for relocating and resetting the existing signs with the new posts. All costs associated
with new posts, resetting and relocating of signs shall be included in the lump sum price bid for Clearing Site.
All costs associated with the purchase, delivery and installation of REGULATORY AND WARNING SIGNS as shown
on the project plans, including, but not limited to, posts, anchors and mounting, shall be included in the pay item
described above.
The Contractor must install anchor posts in accordance with NJDOT Construction Details. Soil anchor plate must be
attached to all anchor posts.
SP-25 of SP-30
DIVISION 650 – UTILITIES
SECTION 651 – WATER
651.01 Description.
THE FOLLOWING SECTION IS ADDED:
The Contractor shall coordinate with the pertinent utility company prior to completing any work involving the resetting,
relocating and/or installation of utility features. Buried valves/valve boxes shall be uncovered. Contractor shall not pave
over any valves/valve boxes.
651.04 MEASUREMENT AND PAYMENT
THE FOLLOWING SECTION IS ADDED:
No separate payment shall be made for resetting water valve boxes but the cost thereof shall be included in the lump sum
price bid for CLEARING SITE pay item.
The Contractor shall take extra caution when demolishing existing sidewalk and pouring proposed sidewalk around all
existing water valves, gas valves, oil fills, vents, monitoring well, etc. Any damage to any of the aforementioned items
shall be replaced by the Contractor at no additional cost to the owner.
SECTION 652 – SANITARY SEWERS
652.01 Description.
THE FOLLOWING SECTION IS ADDED:
The Contractor shall coordinate with the pertinent utility company prior to completing any work involving the resetting,
relocating and/or installation of utility features. Buried manholes shall be uncovered. Contractor shall not pave over any
manholes.
652.04 MEASUREMENT AND PAYMENT
THE FOLLOWING IS ADDED:
Item
Pay Unit
RESET MANHOLE, SANITARY SEWER, USING EXISTING CASTING
UNIT
RESET MANHOLE, SANITARY SEWER, USING NEW CASTING
UNIT
No separate payment shall be made for resetting of sanitary sewer pipe cleanouts, but the cost thereof shall be included
in the lump sum price bid for CLEARING SITE pay item.
SECTION 653 – GAS
653.01 Description.
THE FOLLOWING SECTION IS ADDED:
The Contractor shall coordinate with the pertinent utility company prior to completing any work involving the
resetting, relocating and/or installation of utility features. Buried valves/valve boxes shall be uncovered and reset to
meet adjacent pavement surface. Contractor shall not pave over any valves/valve boxes.
653.04 MEASUREMENT AND PAYMENT
THE LAST PARAGRAPH IS DELETED.
THE FOLLOWING SECTION IS ADDED:
SP-26 of SP-30
No separate payment shall be made for resetting gas valve boxes but the cost thereof shall be included in the lump sum
price bid for CLEARING SITE pay item
The Contractor shall take extra caution when demolishing existing sidewalk and pouring proposed sidewalk around all
existing water valves, gas valves, oil fills, vents, monitoring well, etc. Any damage to any of the aforementioned items
shall be replaced by the Contractor at no additional cost to the owner.
SP-27 of SP-30
DIVISION 700 – ELECTRICAL
SECTION 701 – GENERAL ITEMS
701.01 DESCRIPTION.
THE FOLLOWING SECTION IS ADDED:
Any Utility Pole near improvements, such as inlets, curbs or handicap ramps, shall be braced as directed in the field by
the Engineer. No separate pay item shall be made for bracing but all costs shall be included within the price bid for
CLEARING SITE pay item.
SP-28 of SP-30
DIVISION 800 – LANDSCAPING
SECTION 803 – PREPARATION OF EXISTING SOIL
803.04 MEASUREMENT AND PAYMENT
THE SECTION IS REVISED AS FOLLOWS:
Separate payment for the preparation of the existing soil for the installation of topsoil, seed and fertilizer adjacent to
driveway, curb and sidewalk to be replaced shall not be made and shall be paid under various items.
SECTION 804 – TOPSOILING
804.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
TOPSOIL SPREADING, 4” THICK
SQUARE YARD
SECTION 806 – FERTILIZING AND SEEDING
806.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
FERTILIZING AND SEEDING, TYPE ERNMX-106
SQUARE YARD
SECTION 809 – MULCHING
809.04 MEASUREMENT AND PAYMENT
Item
Pay Unit
STRAW MULCHING
SQUARE YARD
SP-29 of SP-30
DIVISION 900 – MATERIALS
SECTION 901 – AGGREGATES
901.10.01 Virgin
The following is added:
Dense Graded Aggregate (DGA) may only be produced from virgin DGA as described within this section.
901.10.02 Recycled Concrete Aggregate
This section is replaced by the following:
The Contractor may not produce DGA from Recycled Concrete Aggregate (RCA).
901.10.03 Virgin and RAP Mixture
This section is replaced by the following:
The Contractor may not produce DGA by adding any percent of Reclaimed Asphalt Pavement (RAP) to virgin DGA.
SECTION 902 – ASPHALT
902.02.03 Mix Design
THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH:
UNLESS OTHERWISE APPROVED BY THE ENGINEER, ONLY ONE SOURCE OF SUPPLY FOR HOT MIX
ASPHALT SURFACE COURSE MAY BE USED ON THE PROJECT.
902.02.04 Sampling and Testing
THE ENTIRE TEXT IS CHANGED TO:
E. Acceptance of HMA. The Department may accept the HMA as specified in 902.02.04.A through 902-02.04.E by
employing staff or an independent testing agency at the HMA plant during production. The inspector who
performs the quality assurance sampling shall be certified by the Society of Asphalt Technologists of New
Jersey as an Asphalt Plant Technologist, Level 2. Form “DS-8 HMA Testing Summary Report – State
Aid” provided on the Local Aid Website must be utilized by the Laboratory to report their findings to the
RE.
Alternatively, the Department may accept the HMA by Certification of Compliance according to 106.07.
SP-30 of SP-30
SECTION 903 – CONCRETE
903.01 CEMENT
THE ENTIRE SUBSECTION TEXT IS CHANGED TO:
Use cement, listed on the QPL, that is either portland cement or blended hydraulic cement and conforms to the
following:
Portland Cement, Type I, II, and Type III................................................................................................ ASTM C 150
Blended Hydraulic Cement, Type IS, IP, and IL ..................................................................................... ASTM C 595
Only use Type III portland cement for Class V concrete, prestressed Items, and precast Items.
Use portland cement pre-blended with a maximum of 25 percent fly ash, by weight, or a maximum of 5 percent silica
fume by weight, or with a maximum of 50 percent slag by weight for blended hydraulic cement Type IS or IP. Use
portland cement pre-blended with a minimum of 5 percent limestone content and a maximum of 15 percent limestone
content by weight for blended hydraulic cement Type IL. Ensure that a scaling test according to ASTM C 672 is
completed on the mix design if more than 30 percent slag is used and that the concrete has a visual rating less than 3
after 50 cycles.
Do not add additional mineral admixtures to blended hydraulic cements Type IS or IP at the concrete plant unless
approved by the ME. The use of additional mineral admixtures in blended hydraulic cement Type IL at the concrete
plant is permitted if the mineral admixture is listed on the QPL.
Do not mix different brands of cement, the same brand of cement from different mills, or different types of cement.
Provide suitable means for storing and protecting the cement against dampness. The ME will reject cement that has
become partially set or that contains lumps of caked cement. Ensure that the temperature of the cement at the time of
delivery to the mixer does not exceed 160°F.
SECTION 917 – LANDSCAPING MATERIALS
917.05.01
THE FOLLOWING SHALL BE ADDED:
Grass Seed Mixture (ERNMX-106) or approved equal
Botanical Name
Common Name
30.00% Festuca arundinacea, ‘Fawn’
Tall Fescue, ‘Fawn’
30.00% Lolium perenne, ‘Homerun’
Perennial Ryegrass, ‘Homerun’ (turf type)
15.00% Poa pratensis, ‘Shamrock’
Kentucky Bluegrass, ‘Shamrock’
15.00% Poa pratensis, ‘Volt’
Kentucky Bluegrass, ‘Volt’
10.00% Lolium multiflorum
Annual Ryegrass
100.00%
Seeding Rate:
75-150 lb per acre, or 3-5 lb per 1,000 sq ft
WAGE RATES
W 1 | 2
STATE & COUNTY
WAGE RATES
Are Available in the Office Of
Colliers Engineering & Design Inc. dba Maser Consulting
400 Valley Road Suite 304, Mt. Arlington, NJ 07856
W 2 | 2
Prevailing Wage
Request for Determination
To be used by the Public Body in requesting Wage Determination pursuant to the Prevailing
Wage Act, N.J.S.A. 34:11-56.25 et seq. and N.J.S.A. 34:1B-5.1, Chapter 150, Laws of 1963.
Complete and mail to:
Phone:
609-292-2259
Fax:
609-695-1174
Public Contracts Section
Office of Wage and Hour Compliance
CN 389
Trenton, NJ 08625-0389
Request is made for determination of wage rates to be paid laborers and mechanics on the work
described below:
Name and Title of Requesting Officer
Phone Number
Proposed Advertising Date
Address of Requesting Office
Estimated Value of Contract
Signature of Requesting Officer
Date of Request
Name and Address of Public Body (Owner)
Who Will be Awarding Contract
Name and Address of Official
Who will Receive Payrolls
Description of Work
Municipality
Location Where Work Will be Performed
County
Remarks
Note:
If faxed, do not send duplicate by mail.
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Evidence Detected
"...ving pipe, inlets and manholes as per the standard specifications. All mailboxes/mailbox posts, signage, containers, benches, parking meters, etc. within the boundaries of the project shall be removed, protected and reinstalled as directed by the engineer prior to the completion of the project. The contractor is re..."
performance bond
Evidence Detected
"...The successful bidder is hereby notified that a performance bond and labor and material (payment) bond for the full amount of this project is required...."
liquidated damages
Evidence Detected
"...If the Contractor is permitted to finish the work after the specified period of completion, the Owner shall have full authority to and may deduct and retain from any payments due the Contractor the sum of One Thousand Dollars ($1000) for each calendar day thereafter that the contract remains uncompleted, as a liquidated damage, and not as a penalty, to defray reasonable loss to the Owner due to failure to complete the work in the stipulated time...."
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Contacts
Patricia Donahue
Township Clerk · Township of Cranford
mary.tappen@colliersengineering.com
hidden@email.com
Unlockjacqueline.dirmann@colliersengineering.com
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Timeline
First Discovered
Mar 19, 2026
Last Info Update
Apr 30, 2026
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