181-26 Exhibit A- Final Specifications_compressed.pdf

108.02 COMMENCEMENT OF WORK 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 commencement of work. 108.05.02 Safety Program PART 3 IS CHANGED TO: 3. Elements of the Program. Include information and procedures for the following elements: a. Chain of Command. Include the responsibilities of the management, supervisor, safety officer, and employees. b. Traffic Control Coordinator. Include the name and contact information. Ensure that the traffic control coordinator meets the requirements specified in 159.03.01. c. Environmental Manager. Include the name and contact information. Ensure that the environmental manager meets the requirements specified in 158.03.01. d. Local Emergency Telephone Numbers. Include police, fire, medical, and, NJDEP hotline 1-877-WARN DEP (1-877-927-6337). e. Procedures for Handling Emergencies. Provide guidelines for handling emergencies, including emergency action plans for accidents involving death or serious injury, property damage, fires, explosions, and severe weather. Include the emergency contact information of the Contractor’s personnel responsible for handling emergencies. f. Training Topics. Include regulatory and jobsite toolbox meetings. Include the documentation from the training and an attendance sheet for each. g. Contractor’s Safety Rules. Include housekeeping procedures and personal protective equipment requirements. h. Employee Disciplinary Policy. Include the violation forms. i. Safety Checklists. Include project safety-planning, emergency plans and procedures, documentation, and protective materials and equipment. j. Forms. Include OSHA 300 Log and New Jersey Department of Labor L&I-1. k. Security Policy Guidelines. Provide a copy for the office and for the Project Limits. l. Hazard Communication Program. Provide the following: 1. The location of and instructions for understanding the MSDS. Ensure that the location and instruction are available to anyone within the Project

de the following: 1. The location of and instructions for understanding the MSDS. Ensure that the location and instruction are available to anyone within the Project Limits. 2. The person responsible for the hazard communication program and the method of informing personnel of the hazardous communication program. Include attendance sheets of hazard communication meetings. 3. When performing work that generates airborne crystalline silica, include engineering and work practice controls to limit exposure levels to at or below the permissible exposure limit according to 29 CFR 1910.1000 Table Z-3. Ensure that the program includes employee training and respiratory protection measures according to 29 CFR 1910.134 and control of the area when the permissible exposure limit is exceeded. Provide a trained and competent person, according to 29 CFR 1926.30, within the Project Limits at all times when performing work that produces airborne crystalline silica. m. Additional Requirements. Provide additional procedures for Project specific topics including: 1. Compressed gas cylinders. 2. Confined spaces. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 19 of 76

3. Cranes. 4. Electrical. 5. Equipment operators. 6. Fall protection. 7. Hand and power tools. 8. Hearing conservation. 9. Highway safety. 10. Lead. 11. Lock out/tag out. 12. Materials handling, storage, use, and disposal. 13. Night work. 14. Personal protective equipment. 15. Project entry and exit. 16. Respiratory protection. 17. Sanitation. 18. Signs, signals, and barricades. 19. Subcontractors. 20. Trenching. n. Internal Traffic Control Plan (ITCP). Develop, submit, implement, and maintain an ITCP according to ANSI/ASSP A10.47 Section 6.5 and 6.6. At a minimum, ensure the plan includes: 1. A diagram showing internal vehicle and pedestrian routes, site layout, and hazard zones. 2. A listing of type and number of all on-site personnel and mobile equipment. Provide names of personnel upon request if needed after an accident. 3. A site-specific hazard identification checklist with corresponding mitigation measures aimed at reducing struck-by and related risks. 4. Safety notes emphasizing backing procedures, spotter usage, visibility aids, and run-over/back-over prevention. 5. A communication plan to ensure the ITCP is effectively communicated to all relevant workers, operators, subcontractors, and personnel. Distribute the communication plan at an onsite meeting or as otherwise directed by the RE. Submit an updated ITCP plan during construction if any substantial changes, as determined by the RE, to site layout, access, or equipment occur. Ensure the updated plan is approved by the RE before implementation. Ensure plan modifications are communicated to affected personnel. Provide a certification that the plan complies with ANSI/ASSP A10.47 Section 6.5, 6.6, and all associated requirements. Within 15 days of receiving the safety program, the

Provide a certification that the plan complies with ANSI/ASSP A10.47 Section 6.5, 6.6, and all associated requirements. Within 15 days of receiving the safety program, the Department will determine if the safety program meets the requirements of the Contract. If the safety program does not meet the requirements, the Department will return the safety program for revision. Do not begin work within the Project Limits until the Department has approved the safety program. The Contractor is responsible for implementing, monitoring, updating, and revising the safety program until Acceptance. Submit updates and revisions to the safety program to the RE for approval when new information, new practices or procedures, or changing site and environmental conditions necessitate modifications to protect site personnel. Maintain a copy of the updated safety program, including the appropriate documentation associated with each element, within the Project Limits so that it is available to workers and other authorized persons entering the Project Limits. Provide copies of updates to the safety program to the RE. If an incident occurs that requires a New Jersey Department of Labor & Workforce Development Form (L&I-1) to be submitted, send a copy to the Office of Capital Project Safety, New Jersey Department of Transportation, 1035 Parkway Avenue, P.O. Box 600, Trenton, NJ 08625-0600. Failure to comply with the requirements set forth in the Elements of the Program will result in the RE suspending the Work wholly or in part as specified in 108.13 and suspending Estimates, as specified in 109.05, for failure of the Contractor to HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 20 of 76

correct conditions unsafe for the workers or the general public, for failure to carry out provisions of the Contract, including but not limited to failure to develop, submit, implement, and maintain the ITCP. 108.07.01 Interference THE SECOND PARAGRAPH IS CHANGED TO: Schedule and perform the Work so that successive construction operations and lane or roadway openings follow preceding operations as closely as possible. Limit work zones according to the Special Provisions. Confine construction operations adjacent to traffic to one side of the roadway at a time unless otherwise specified by the Contract. Where the Work is performed in stages adjacent to traffic, ensure that the road opened to traffic adequately accommodates traffic. Do not interfere with existing traffic access, except when required to perform the Work or as approved by the RE. THE FOLLOWING NEW SUBPART IS ADDED: 108.09 MAINTENANCE WITHIN THE PROJECT LIMITS THE FOLLOWING IS ADDED: Any damage to the Roadway due to the Contractor’s operations shall be repaired at no Additional Compensation, except as specified in 107.11. The Contractor shall complete within 24 hours specific repairs directed by the RE, except where the requirements are specified elsewhere. Nothing in this Subsection shall be construed to limit or change the risks assumed by the Contractor as specified in 107.11. 108.10 CONTRACT TIME THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to the CONTRACT AND AGREEMENT Section in the front end of these specification for the contract time requirements. 108.11.01 Extensions to Contract Time THIS SUBSECTION IS CHANGED TO: C. Submitting Time Impact Evaluation. If an excusable delay occurs, notify the RE, detailing how the event or cause is affecting the approved progress schedule that is current at the time the delay occurred. When the full extent of the impact on the approved progress schedule can be determined, submit a request for an extension of Contract Time to the RE with a Time Impact Evaluation Form and a CPM fragnet diagram including all additional work, and the fragnet’s relationship to the approved progress schedule that is current at the time the delay occurred. Clearly identify how each change or delay is represented by an activity or group of activities. Ensure that the fragnet shows logic revisions, duration changes, and new activities,

the delay occurred. Clearly identify how each change or delay is represented by an activity or group of activities. Ensure that the fragnet shows logic revisions, duration changes, and new activities, including the predecessor and successor relationships. The Contractor is considered to have waived its rights to claim an extension of Contract Time, if the Contractor fails to provide written notice or fails to provide the time impact evaluation. The RE will evaluate the time impact evaluation. The Department will only extend Contract Time when delay causes the work to be extended beyond the scheduled Contract Time as specified in 108.10. If the Contractor is already behind schedule and an excusable delay delays the work beyond the Contract Time as specified in 108.10, the Department will only extend Contract Time for the amount of time that directly results from the excusable delay. If the Department determines that an extension of Contract Time is warranted, the Department will extend Contract Time by a Change Order. For excusable, compensable delays, submit a request for and documentation supporting the entitlement to compensable delay damages associated with the delay. 108.14 DEFAULT AND TERMINATION OF CONTRACTOR’S RIGHT TO PROCEED LIST ITEM (1) OF THE FIRST PARAGRAPH IS CHANGED TO: HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 21 of 76

1. Fails to begin construction operations within 21 days of execution of the Contract. THE THIRD PARAGRAPH IS CHANGED TO: If the Department directs the Surety to complete the Contract, the Department will provide to the Surety the Contract as defined in 101.03 and the completion status of the Contract. If the Surety elects to use a completion-contractor to perform the Work, the Surety must promptly submit to the Department a request for approval of the proposed completion-contractor as a subcontractor as specified in 108.01 within 45 days of receipt of the Contract provided by the Department pursuant to this Section. The Department, in its sole discretion, has the right to reject a request by the Surety to use the Contractor or another contractor as the completion-contractor, either directly or under the direction of a consultant to the Surety. THE FOLLOWING IS ADDED AFTER THE THIRD PARAGRAPH: If the Department approves the Surety’s request to use the Contractor as the completion-contractor, the Surety shall cause the Contractor to begin Work, as defined in 101.03, within 45 days of notice of the Department’s approval or as directed by the Department based on factors including but not limited to weather, seasonal restrictions, permits or at its sole discretion. The failure of the Surety to comply with the deadlines set forth in this Section shall be deemed a material breach of the Contract. If the Department does not approve the Surety’s proposed completion-contractor, the Surety must submit to the Department a request for approval of an alternative completion-contractor within 60 days of notice of the Department’s disapproval. If the Department does not approve the Surety’s alternative completion-contractor, the Department may continue to request approval of another alternative completion-contractor. Within 60 days of notice of the Department’s approval of the Surety’s proposed completion-contractor, the Surety shall cause the completion-contractor to begin Work, as defined in 101.03, or as directed by the Department based on factors including but not limited to weather, seasonal restrictions, permits or at its sole discretion. The failure of the Surety to comply with the deadlines set forth in this Section shall be deemed a material breach of the Contract. 108.15 TERMINATION OF CONTRACT 108.15.02 For Cause REVISE PARAGRAPH FIVE TO: The Department

o comply with the deadlines set forth in this Section shall be deemed a material breach of the Contract. 108.15 TERMINATION OF CONTRACT 108.15.02 For Cause REVISE PARAGRAPH FIVE TO: The Department will not make payment for profit and overhead not included in the Contract price for Items for work completed or partially completed except that the Department may make payment for profit and overhead on work. 108.19 COMPLETION AND ACCEPTANCE THE FOLLOWING IS ADDED: No Incentive Payment for Early Completion is specified for this project. 108.20 LIQUIDATED DAMAGES THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to the CONTRACT AND AGREEMENT Section in the front end of these specification for any required liquidated damage requirements. 108.21 WARRANTIES THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to the GENERAL CONDITIONS Section in the front end of these specification for any required warranties (Maintenance Bond). HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 22 of 76

SECTION 109 – MEASUREMENT AND PAYMENT 109.01 MEASUREMENT OF QUANTITIES The Department will use the United States customary units to measure work completed under the contract. The Department will determine quantities of Work performed under the Contract using measurement methods and computations conforming t good engineering practice. Refer to CONTRACT AND AGREEMENT Section in the front end of these specification regarding the measurement of quantities. REVISE THE ENTIRE TEXT OF SECTION 109.03 TO THE FOLLOWING: 109.03 PAYMENT FOR FORCE ACCOUNT This section intentionally left blank. Refer to CONTRACT AND AGREEMENT Section (Article VIII Dispute Resolution) in the front end of these specification regarding payment for force account. 109.04 PAYMENT FOR DELAY DAMAGES DELETE THIS SUBSECTION IN ITS ENTIRETY. 109.05 ESTIMATES THE FOURTH PARAGRAPH IS CHANGED TO: The RE will provide a summary of the Estimate to the Contractor. Before the issuance of each payment, certify, on forms provided by the Department, whether: 1. No subcontractor or supplier was used on the project; or 2. Each subcontractor and supplier used on the project has been paid the amount due, excluding retainage, from the previous progress payment and will be paid the amount due from the current progress payment, excluding retainage, for the subcontractor or supplier’s work that was paid by the Department; or 3. There exists a valid basis under the terms of the subcontractor’s or supplier’s contract to withhold payments from the subcontractor or supplier. Therefore, the following subcontractors and suppliers have not been paid for work performed or materials supplied to the project from the proceeds of the previous progress payment or will not be paid for work performed or materials supplied to this project from the proceeds of the current progress payment, or both. THE THIRTEENTH PARAGRAPH IS CHANGED TO: In the first Estimate following installation of all landscape work, the Department will reduce the retainage withheld to 1 percent of the Total Adjusted Contract Price, unless it has been determined by the Department that the withholding of additional retainage is required. If retainage is held in cash withholdings, the reduction is to be accomplished by payment under the next Estimate. If retainage is held in

ent that the withholding of additional retainage is required. If retainage is held in cash withholdings, the reduction is to be accomplished by payment under the next Estimate. If retainage is held in bonds, the Department will authorize a reduction in the escrow account. 109.06 MATERIALS PAYMENTS AND STORAGE DELETE THIS SUBSECTION IN ITS ENTIRETY. 109.09 AUDITS THE FIRST SENTENCE IS REVISED TO: HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 23 of 76