181-26 Exhibit A- Final Specifications_compressed.pdf

or the Contractor such facts concerning physical characteristics at the site of the project. The Contractor agrees that they will make no claim for, and has no right to, additional payment or extension of time for completion of the work or any other concessions because of any misinterpretation or misunderstanding on their part of this Contract or because of any failure on their part to fully acquaint themself with all conditions relating to the work. In the event that any easements or rights-of-way are necessary for the performance of the Contract, the bidder shall be responsible for ascertaining the status of any such easement or right-of-way acquisition and the bidder shall examine the provisions of agreements between the Township and property owners that may relate to their bid or to the work to be performed. Copies of the aforesaid documents and information regarding the status of easement and right-of-way acquisition are available at the office of the Township Engineer. The Contractor shall also confer with the Township Engineer in the above-mentioned matters immediately after award of the Contract and at such other times thereafter as may be necessary or advisable. The Contractor shall be governed by the provisions of easement, right-of-way and other agreements between the Township and property owners. The Contractor shall make no claim for additional compensation or for damages on account of delays or necessary alterations in the procedure of their work that may be caused by delays in the acquisition of any easement or right-of-way. 14. INTERPRETATIONS If any person contemplating submitting bids for the proposed work is in doubt as to the true IB-4

meaning of any part of these proposed contract documents, he may submit to the Purchasing Agent, Panayiota Reynolds, QPA, a written request for an interpretation thereof. Any interpretation of such document will be made only in writing and copy of each interpretation will be mailed or delivered to each person receiving a set of said documents. The Owner will not be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner before expiration of the time set for the receipt of bids. 15. RIGHT TO REJECT The Township of West Orange reserves the right to reject any bids in accordance with the reasons set forth in 40A:11-13.2 and or reject all bids at its discretion. 16. NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this proposal will obligate the contractors and subcontractors not to discriminate in employment practices and specifically to comply with the provisions of Chapter 127 of the Laws of 1975, effective July 23, 1975. Successful bidders must be prepared to comply in all respects with the contract provisions regarding nondiscrimination, a copy of which is set forth in the General Conditions of Contract. In the event that the Owner shall award a contract for the proposed construction, such award shall be made conditioned upon the subsequent approval by the State Treasurer of an affirmative action program as submitted by the successful bidder in accordance with Chapter 127. The Contractor is also obliged to comply with PL 1934, c. 34, s. 9.2. 17. AFFIRMATIVE ACTION PLAN REQUIREMENTS This Contract is subject to the provisions of Chapter 127 of the New Jersey Public Laws of 1975 and Regulations promulgated thereunder as NJAC 17:27-1 et seq. with respect to Affirmative Action Plans for employment opportunity. Detailed provisions are set forth in Sec. 26 - AFFIRMATIVE ACTION PROVISIONS of the General Conditions of Contract. 18. NEW JERSEY PREVAILING WAGE ACT REQUIREMENTS The New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963 as amended by Chapter 64 of the Laws of 1974, applies to this Contract. Accordingly, the Contract must set forth the prevailing wage rate in the locality of the Owner for each craft or

963 as amended by Chapter 64 of the Laws of 1974, applies to this Contract. Accordingly, the Contract must set forth the prevailing wage rate in the locality of the Owner for each craft or trade or classification of all workers needed to perform the Contract during its performance period. The Owner has ascertained from the Commissioner of Labor and Industry of the State of New Jersey the prevailing wages in the locality of the Owner which shall be paid by the Contractor to workers employed in the performance of the Contract, and a copy of such prevailing wages shall be incorporated in the Contract and binding on the Contractor. In the event that any such prevailing wage is increased prior to the award of the Contract, then the increased prevailing wage or wages shall apply and supersede those issued as of an earlier date. In accordance with the New Jersey Prevailing Wage Act, the Contractor and any subcontractor shall pay to workers wages which are not less than the prevailing wages set forth for the locality of the owner and made a part of the Contract. 19. INELIGIBLE BIDDERS Prior to the awarding of a Contract for the project, the Owner is required by law to obtain from IB-5

the Commissioner of Labor and Industry the names of contractors and subcontractors who have failed to pay the prevailing wages. The Contract will not be awarded to any bidder whose name appears on such list unless a period of three (3) years has elapsed since the date of the listing of the bidder by the Commissioner. The aforesaid ineligibility shall extend to and include any bidder in which any person, firm, corporation, or partnership, which has been listed by the Commissioner within the last three (3) years, has an interest. 20. NON-COLLUSION AFFIDAVIT As noted under No. 3, PROPOSAL, above, the bidder shall accompany their proposal with a Non-Collusion Affidavit certifying that the bid has been arrived at independently and without collusion with any other bidder. Further, that no persons or agency has been employed to solicit such bid except as provided under NJSA 52:34-15. This affidavit will be completed on the form provided and shall be signed and notarized as required. 21. CONSENT OF SURETY Each bid must be accompanied by a Consent of Surety furnished by a surety company authorized to do business in the State of New Jersey to the effect that a performance bond in the form annexed hereto will be furnished to the Owner in the full amount of the Contract in the event that a contract is awarded to the bidder. The Consent of Surety shall be completed on the form provided and shall be executed and attested to as required. 22. STATEMENT OF BIDDER'S RESPONSIBILITY Every bid shall be accompanied by a statement of bidder's responsibility on the form provided covering the experience of the bidder in the performance of similar work as well as the bidder's financial responsibility. Bidders shall be experienced in the satisfactory performance of work of the nature and extent to be performed under the contract and shall have sufficient capital to properly execute the work within the time allowed, as well as sufficient equipment therefore. 23. BASIS FOR COMPARING BIDS Comparison of bids will be made on the basis of lump sum price or on the basis of the total for the various items as shown in the Proposal. Whenever alternate bids are requested, the Owner reserves the right to select the nature and

mp sum price or on the basis of the total for the various items as shown in the Proposal. Whenever alternate bids are requested, the Owner reserves the right to select the nature and type of construction deemed by it to be most advantageous to its interests. Whenever estimated quantities are shown in the Proposal, such estimated quantities are not to be considered by bidders as actual quantities required to complete the work, since such estimated quantities are included solely to serve as a basis for the comparison of bids. 24. EXECUTION OF CONTRACT; DAMAGES FOR FAILURE A bidder to whom the Contract is awarded shall execute and deliver the Contract within ten (10) days after the Contract is presented to the bidder for execution. If the bidder shall fail to do so, the bidder shall be deemed to have abandoned the Contract and thereupon the proposal and its acceptance may be declared null and void by the Owner and the amount of the certified check or cashier's check or bid bond accompanying the bid as bid security shall be due and payable IB-6

to the Owner as liquidated damages, provided, however, that such damages shall not exceed the difference between the amount bid and the amount which the Owner may be obligated to pay to the person to whom the Contract may afterwards be awarded, the amount in each case to be determined by the bids. The items as set forth in the proposal forms in some cases included work not shown in the title of the item and in other cases the item refers to work that is specifically ordered by the Engineer although similar work may be required under the terms of the Contract to be performed as part of another item and paid for under the price bid for that item. The attention of the Contractor is specifically called to that section of this Contract that described the subdivision of work for Payment, and the Contractor shall understand that any work performed under the terms of this Contract, and that is not classified as Extra Work by the Engineer, shall be paid for solely and wholly by these terms. 25. CONSTRUCTION ACCESS The Contractor is herein advised that during construction traffic should be maintain unless otherwise authorized by the Township. The Contractor will be required to coordinate traffic safety provisions with the Township of West Orange Police Department prior to construction. The Contractor shall provide a Traffic Plan to the West Orange Traffic Bureau of the Police Department for review and approval and the cost of same shall be included in the bid items requiring the same. During construction operations, the Contractor may utilize the local Police Department to provide assistance in maintenance and protection of traffic. The inclusion of local police does not relieve the Contractor of its duties with regard to traffic control in the project. The contractor shall be fully responsible for the set-up and maintenance of the Traffic Control Patterns (TCP) except as required by Local and State law or as specifically set forth in the contract. The use of police in the providing of traffic safety services is supplemental to the TCP and their presence shall not relieve the Contractor of its responsibility to maintain the TCP and safety on the Project. Accordingly, the contractor shall be responsible to provide routine

nd their presence shall not relieve the Contractor of its responsibility to maintain the TCP and safety on the Project. Accordingly, the contractor shall be responsible to provide routine sweeping, maintenance, and restoration of the access road, especially as it relates to the tracking of mud and/or soil onto the access roads, and shall allow for the passage of public traffic at all times during the performance of the work. At a minimum, all access roadways shall be swept once a week. 26. NOTICE OF CONSTRUCTION The contractor shall provide a minimum of 72 hours notice to the Township and the Engineer prior to the start of construction and prior to changes that affect existing traffic patterns and high school access. 27. SPECIAL SITE CONDITIONS This project is partially funded by NJDOT and it is the intention of the Township to have the HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECTconstruction completed by December 31, 2026. Accordingly, special care shall be exercised to provide adequate safety to the general public at all times. IB-7

28. TRAFFIC CONTROL & STAGING/SCHEDULING i) Detouring of traffic shall not be permitted without permission from the relevant governing authority (i.e. county, state, municipality and the Township of West Orange Police Department). Other affected services must also be notified such as fire and rescue squad, school, etc. All affected services must be given sufficient notice of any proposed detours disturbances, work schedule and/or road closures. ii) Reference is made to the publication “Manual on Uniform Traffic Control Devices for Streets and Highways” by the U.S. Department of Transportation, Federal Highway Administration, Washington D.C. 11th Edition (MUTCD 2023). iii) Traffic control shall be the sole responsibility of the contractor. The Contractor is responsible to schedule uniformed police traffic directors using the Department’s third party scheduling service, Extra Duty Solutions. The contact information for Extra Duty Solutions is provided below: Extra Duty Solutions West Orange PD NJ p: (973) 568-8838 w: extradutysolutions.com iv) Should the Contractor fail to complete the job within the timeframe established in the contract, the Contractor shall be responsible to pay for any additional uniformed police traffic control directors needed beyond the contract time. The cost for this item if needed, will be paid directly by the Contractor. It is the requirement of the Contractor to contact the police department to obtain the costs prior to commencing work beyond the stipulated time of completion. It is the Contractor’s sole responsibility to make payments to Extra Duty solutions on time as the police hours invoices are received. Contractor is herein advised that proof of paid invoices is to be submitted for reimbursement at the time of payment(s) request. v) The Contractor is responsible for coordinating all work with the Township Police Department. vi)

r reimbursement at the time of payment(s) request. v) The Contractor is responsible for coordinating all work with the Township Police Department. vi) During non-working hours, trenches shall not be left open and contractor’s equipment shall not be parked in the roadway, driveways or the sidewalk area or any other area which will obstruct vehicular or pedestrian traffic. vii) At all times the Contractor shall maintain access to all businesses and residences within the project limits. The Contractor shall coordinate with the property owners and/or tenants to ensure vehicles are not stranded in driveways or parking lots while aprons are being poured and curing. viii) While Uniformed Officers are not anticipated, the Contractor is still responsible to coordinate all work with the West Orange Police Department. IB-8

29. PUBLIC WORK CERTIFIED PAYROLL RECORD SUBMIT ONLINE STARTS AUG. 15, 2024 The New Jersey Department of Labor announced that Public Works Contractors are required to report certified payroll records online, via New Jersey Wage Hub starting August 15, 2024. All registered public works contractors are required to create a NJ Wage Hub account prior to August 15, 2024. TOWNSHIP OF WEST ORANGE (Owner) __________________________________ Township Engineer CONSULTING ENGINEERS Greenman-Pedersen, Inc. 301 Gibraltar Drive, Suite 2A Morris Plains, NJ 07950 (973) 377-8500 IB-9