181-26 Exhibit A- Final Specifications_compressed.pdf

102.13.01 BIDDER PRE-AWARD REQUIREMENTS THIS SUBSECTION IS DELETED IN ITS ENTIRETY. 102.15 DISQUALIFICATION OF BIDDERS THE SECOND PARAGRAPH IS CHANGED TO: The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the Department to lack responsibility. Factors demonstrating a lack of responsibility include, but are not limited to: 1. Evidence of collusion among Bidders. 2. Uncompleted work, which in the opinion of the Department, might hinder or prevent completion of additional work if awarded. 3. Failure to submit at time of bid or within 5 days of bid opening, a completed and signed CR-266 – Schedule of Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Business Enterprise Participation. 4. Failure to submit within 5 days of bid opening, proof of documented evidence of good faith efforts to meet the Contract goal, if the Bidder fails to meet the Contract DBE, ESBE or SBE goal. 5. Failure to submit within 5 days of bid opening, a completed and signed Confirmation of DBE/ESBE/SBE Firm (Form CR-273) for each DBE/ESBE/SBE firm listed on the CR-266. The Bidder shall not complete any portion of the CR-273 form. 6. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR-274) for each DBE/ESBE/SBE firm listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-274 form. 7. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for each DBE/ESBE/SBE Regular Dealer/Supplier listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-272 form. 8. Failure of the Bidder to meet the Contract DBE, ESBE, or SBE goal as determined by the DCR/AA, or make adequate good faith efforts to do so. 9. Failure of the Bidder to acknowledge that the prevailing wage rate is accounted for in their bid pricing and that the Bidder agrees to pay the prevailing wage rate, if awarded the Contract, for Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98, 10. Submission of a materially unbalanced bid. A materially unbalanced bid is a

rded the Contract, for Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98, 10. Submission of a materially unbalanced bid. A materially unbalanced bid is a bid where there is a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid, which is structured on the basis of nominal prices for some work and inflated prices for other work, will result in the lowest ultimate cost to the Department. 11. Lack of competency or lack of adequate machinery, plant, or other equipment. 12. Unsatisfactory performance on previous or current contracts. 13. Questionable moral integrity as determined by the Attorney General of New Jersey or the Department. 14. Any other outward actions or lack of action that demonstrates the Bidder is not responsible. 15. Disqualification, suspension, or debarment of an individual, firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 for state projects. 16. Disqualification, suspension, or debarment of an individual firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 or Federal Government’s System for Award Management (SAM), located at https://www.sam.gov/SAM/ for federally assisted contracts. 17. If the bidder is Federally debarred pursuant to N.J.S.A. 52:32-44.1 THE FOLLOWING IS ADDED TO THE SECOND PARAGRAPH: 18. The Bidder is listed on the Workplace Accountability in Labor List (WALL), prohibiting the Bidder from public contracting under N.J.S.A. 34:1A-1.16, the law establishing the WALL. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 8 of 76

SECTION 103 – AWARD AND EXECUTION OF CONTRACT 103.04 EXECUTION OF THE CONTRACT THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED BY THE FOLLOWING: Refer to CONTRACT AND AGREEMENT Section in the front end of these specification regarding award and execution of contract. 103.05 ESCROW BID DOCUMENTS 103.05.A ESCROW BID DOCUMENTS REVISE SECTION 103.05.A TO THE FOLLOWING: A. Purpose. The bid documents are the supporting information, calculations, quotes, and other information used to prepare the bid. The Department may use the Contractor’s bid documents to negotiate changes and claims if they are escrowed and a signed custody agreement is provided. The information contained in the bid documents does not modify the terms and conditions of the Contract. If the Contractor fails to escrow bid documents within the time specified in 103.04, the Department will not make payment for a disproportionate allocation of costs for work for which no Item is provided in the Contract, as specified in 102.08, in the renegotiation of costs of Items when there is a major decrease in quantity. SECTION 104 – SCOPE OF WORK 104.01 INTENT THE FIRST PARAGRAPH IS CHANGED TO: The intent of the Contract Documents is to describe a functionally complete and aesthetically acceptable Project to be constructed and completed by the Contractor in every detail according to the Contract Documents. Any work that may be reasonably inferred from the Contract Documents as being required to produce the intended result shall be supplied whether specifically called for. The Contractor is responsible to provide such elements to complete the Work under the pay items of the Contract for no Additional Compensation as provided under Subsection 109.02. However, as specified in the respective Subsections, adjustments may be allowed when the Township determines there is a discrepancy, error, omission, or latent ambiguity. It is understood that only the best construction practice is to prevail and only materials and workmanship of the first quality are to be used. ADD THE FOLLOWING: The work to be performed under this contract shall include: The work generally consists of road reconstruction improvements, approximately 6,500 LF of new curb, approximately 12,000 SY of pavement milling, installation of approximately

contract shall include: The work generally consists of road reconstruction improvements, approximately 6,500 LF of new curb, approximately 12,000 SY of pavement milling, installation of approximately 1,700 tons of hot mix asphalt overlay, approximately 2,200 SY of concrete sidewalk, pavement markings, ADA compliant ramps, and regulatory and warning signage. 104.02 VALUE ENGINEERING 104.02.01 Purpose and Scope THE FOLLOWING IS ADDED: The Department will not consider the following as (a) VE Proposal(s): HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 9 of 76

104.03 CHANGES OF THE CONTRACT 104.03.01 AUTHORITY TO MAKE CHANGES The Department has the right to make changes to the Work at any time, including altering the Contract, altering the requirements of an Item, increasing, or decreasing the quantities of any Item, or deleting any Item. Such changes neither invalidate the Contract, nor release the Surety. The Contractor agrees to perform the Work as changed. If the Contractor does not perform, or refuses to perform the Work as changed, the Department may perform the work with its own forces. If the Department mobilizes its forces to perform the work, the Contractor agrees to pay the Department’s cost of performing the work including the cost of material and labor used and the actual costs for police traffic protection and maintenance and protection of traffic as specified in 107.16. 104.03.02 Protests to Change Orders THE SUBPART IS CHANGED TO: If the Contractor disagrees with any terms or conditions set forth in a Change Order, submit a written protest to the Department within 30 days after the date of receipt of the Change Order. A protest is notice that the terms and conditions for proposed work are not in accordance with the Contract, quantity adjustments are incorrect, or that the modification for Contract Time is incorrect. A protest is not a substitute for notice as specified in 104.03.04. Providing a protest within 30 days after the date of the receipt of a Change Order may not meet the requirements of 104.03.04 or N.J.S.A 59:13-5 and the Department will not make payment for the costs of a claim if recovery is barred by other provisions in the Contract. In the protest, list the points of disagreement, and, if possible, the specification references, quantities, and costs involved. Ensure that the protest is a specific, detailed statement of the points of disagreement. The Department will reject general protests. If the Department rejects a protest for being a general protest, provide a specific, detailed statement within 7 days of such rejection. Regardless of whether the Contractor’s assent is required, if the Contractor refuses to sign the change order or submit an acceptable written protest within 30 days after the date of receipt of the Change Order or within 7 days of the initial rejection of a protest, the Department will make payment and modify Contract Time as set forth in the Change

ithin 30 days after the date of receipt of the Change Order or within 7 days of the initial rejection of a protest, the Department will make payment and modify Contract Time as set forth in the Change Order. Such payment is full payment for all work included or required by the Change Order and is conclusive as to any Contract Time modifications provided for therein or in establishing that no Contract Time modification was warranted. When the Contractor signs a change order and the Department processes the Change Order within 15 days of receiving the Contractor’s signature, the Contractor is barred from protesting the Change Order. Protest does not relieve the Contractor from the obligation to proceed with work directed by an approved Change Order. 104.03.03 Types of Changes 1. Quantity Increases and Decreases. THE SECOND PARAGRAPH IS CHANGED TO: For minor changes in quantity, the Department will make payment for the quantity of the Item performed at the bid price for the Item. Construction layout is included in the price of the original work. 3. Changes in the Character of Work. THE THIRD PARAGRAPH IS CHANGED TO: If a modification cannot be reached by agreement, the Department will make payment, only for the change in work, by force account as specified in 104.03.08. 104.03.09 Delay Damages 1. Non-Productive Activity. The Department will make payment for the following non-productive activities: PART E IS CHANGED TO: HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 10 of 76

e. Equipment. If as the result of the delay, the equipment cannot be used for any active work, and is directed by the RE to remain on the work site during the delay, the Department will make payment as specified in 104.03.08.7.a.5. If as the result of the delay, the RE determines that the equipment cannot be used for any active work, the RE may request the Contractor to remove the equipment. The Contractor may remove the equipment from the work site or allow it to remain. If the equipment is removed from the work site, the Department will make payment for labor and equipment costs to remove the equipment and to return it to the work site at the end of the delay period. If the equipment remains, the Department will not make payment for the equipment as specified in 104.03.08.7. If the equipment is required for additional maintenance within the Project Limits, maintenance of traffic control devices, maintenance of SESC measures, and similar activities resulting from the delay and approved by the RE, the Department will make payment as specified in 104.03.08.7. THE FOLLOWING IS ADDED: 4. Equipment Escalation. If, as the result of the delay, equipment use, which had a planned late-finish date occurring before an equipment rate increase date, is required to start after the equipment rate increase date, the Department will make payment for the following: a. Contractor owned equipment. Equipment costs as specified in 104.03.08 at the higher rate as evidenced by a comparison of the Blue Book rate between the planned late finish date for the work and the Blue Book rate when the work was required because of the delay. b. Rented equipment. Equipment costs as specified in 104.03.08 at the higher rate as evidenced by a comparison of rental agreements, including paid invoices, between the planned late finish date for the work and the date the work was required because of the delay. If rental agreements and paid invoices are not available, provide quotes from the rental company for both dates. SECTION 105 – CONTROL OF

delay. If rental agreements and paid invoices are not available, provide quotes from the rental company for both dates. SECTION 105 – CONTROL OF WORK 105.01 AUTHORITY OF THE DEPARTMENT 105.01.01 RE REVISE THE SECOND PARAGRAPH TO: Unless otherwise specified, send correspondence with the Department to the RE. Where correspondence is specified to be directed to persons other than the RE, send a copy to the RE. Ensure that correspondence complies with the following: 1. Assign every correspondence sent to the Department a unique correspondence serial number in the subject line, numbered sequentially beginning with Contractor Correspondence No. 1. 2. If the correspondence includes a request for information or asks for an interpretation of the Contract, also assign a unique RFI serial number in the subject line numbered sequentially beginning with RFI-1. 3. If the correspondence constitutes a notice of change, assign a unique change notice serial number in the subject line numbered sequentially beginning with Change Notice No. 1. For subsequent correspondence referring to a change notice or to the events that are the subject of a previous change notice, refer in the subject line to the original change notice number. 105.02 RESPONSIBILITIES OF THE CONTRACTOR 105.02.05 Civil Rights Requirements REVISE SECTION 105.02.05.1 TO THE FOLLOWING: HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 11 of 76

1. Federal Aid projects. This section intentionally left blank. REVISE THE FIRST LINE OF SECTION 105.02.05.2 TO THE FOLLOWING: 2. Wholly State Funded Contracts. When applicable for wholly State Funded contracts under the jurisdiction of New Jersey Statutes N.J.S.A. 10:5-31 et seq., State EEO regulations and goals apply as specified in State Funded Project Attachments 1 to 6 of the Special Provisions. THE THIRD PARAGRAPH IS CHANGED TO: Ensure compliance with the labor standards provisions of the Contract. Submit weekly certified payrolls and Statement of Compliance on NJ Department of Labor and Workforce Development Form MW-562 – Payroll Certification for Public Works Projects as required in the Contract to the RE, and also upload the weekly certified payroll online using the following link: https://www.nj.gov/labor/wageandhour/prevailing- rates/njwagehub.shtml. Monitor and verify the status of all SBE truck owner-operators working on wholly State Funded highway construction projects used for the Contract. Failure of a Contractor may result in payment being delayed or withheld as specified in Section 105; default as specified in Section 108, or termination of the Contract as specified in Section 108. a. Small Business Goals for This Project THE LAST PARAGRAPH IN PART A IS CHANGED TO: If the Contractor fails to meet the Contract SBE goal, without demonstrating an adequate GFE as determined by DCRAA, the Department will make a payment reduction from the total amount of payments made to the Contractor equal to the value of the SBE goal not attained as follows: Value of SBE Goal Payment Reduction = (CG – AG) x CP Where: CG = Contract SBE Goal percentage, or approved SBE commitment, or if modified by the Department, the Modified SBE Contract Goal percentage. AG = Attained SBE Goal percentage = (total dollar amount paid to SBE suppliers and SBE subcontractors divided by CP) plus the percent value attributed to the Contractor’s GFE approved by the Department. CP = Total Adjusted Contract Price less the payment adjustments

divided by CP) plus the percent value attributed to the Contractor’s GFE approved by the Department. CP = Total Adjusted Contract Price less the payment adjustments for PERFORMANCE BOND AND PAYMENT BOND, and changes not associated with actual work including but not limited to incentives/disincentives, bonuses/penalties, acceleration, and portions of settlements not associated with work. 105.03 CONFORMITY WITH THE CONTRACT REVISE THE FIRST SENTENCE OF THE FIRST PARAGRAPH TO: In the event the Contractor discovers a discrepancy, error, omission, or ambiguity in the Contract, or if the Contractor has any doubt or question as to the intent or meaning of the Contract, the Contractor must immediately notify the RE. REVISE THE FOURTH SENTENCE OF THE SIXTH PARAGRAPH TO: If the Department loses funding for the nonconforming work, on the basis of permitting nonconforming work to remain, the Department will not pay for the work permitted to remain in place. 105.05 WORKING DRAWINGS THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED BY THE FOLLOWING: Refer to GENERAL REQUIREMENTS Section in the front end of these specification regarding working drawings (shop drawings). 105.07.01 Working in the Vicinity of Utilities A. Initial Notice. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 12 of 76