Township Council Meeting — Packet

SECTION 107 – LEGAL RELATIONS 107.11 RISKS ASSUMED BY THE CONTRACTOR 107.11.01 Risks 1. Damage Caused by the Contractor. THE FOLLOWING IS REMOVED: For any damages by the Contractor to the fiber optic network along Route _____, MP _____, also notify the G4S Technology LLC at 877-637-2344 within 2 hours. Only G4S Technology LLC will be allowed to complete repairs on that respective section of the fiber optic network. Directly pay G4S Technology LLC within 30 days from the receipt of G4S Technology LLC’s invoice for such repairs, and provide the RE with a copy of the transmittal letter. If the Contractor does not make payment within 30 days, the Department may recover the costs incurred for repairs from the Contract. Comprehensive Automobile Liability Insurance. THE FOLLOWING IS ADDED: Ensure the policy names Public Service Electric and Gas Company, its officers, employees, and agents as additional insured. 107.11.02 General Insurance B. Types 1. Comprehensive General Liability Insurance. THE FOLLOWING IS ADDED: Ensure the policy names Public Service Electric and Gas Company, its officers, employees, and agents as additional insured. 2. Comprehensive Automobile Liability Insurance. THE FOLLOWING IS ADDED: Ensure the policy names Public Service Electric and Gas Company, its officers, employees, and agents as additional insured. 5. Excess Liability Insurance. THE FIRST SENTENCE IS CHANGED TO: Procure Excess Liability or Umbrella Liability insurance with limits in excess of the underlying policies for Comprehensive General Liability and Comprehensive Automobile Liability with minimum limits of liability of $12,000,000. THE FOLLOWING IS ADDED: Ensure the policy names Public Service Electric and Gas Company, its officers, employees, and agents as additional insured. 107.12 THE CONTRACTUAL CLAIM RESOLUTION PROCESS REPLACE THIS SECTION WITH: This section intentionally left blank. 107.13 LITIGATION OF CLAIMS BY THE CONTRACTOR HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 17 of 76

REPLACE THIS SECTION WITH: The Department will not participate in litigation between the RE and the Contractor. 107.14 Patened Devices, Amterials, And processes REMOVE THE SECOND PARAGRAPH OF THIS SECTION 107.15 TAXES REVISE THE THIRD SENTENCE OF THE FIRST PARAGRAPH OF THIS SECTION TO: The sales tax exemption does not apply to equipment used for Contract work. SECTION 108 – PROSECUTION AND COMPLETION 108.01 SUBCONTRACTING REMOVE SENTENCE FOUR OF PARAGRAPH TWO OF THIS SECTION. 1. Values and Quantities. THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH: a. There are no Specialty Items in this Project. REMOVE PARAGRAPH FOUR OF SECTION 108.01 REVISE SECTION 108.01.2.C LIMITS AND RESTRICTIONS TO THE FOLLOWING: c. The Contractor is barred from subcontracting to firms and individuals suspended or debarred by the Department or included in the State of New Jersey Consolidated Debarment Report maintained by the Department of the Treasury, Division of Building and Construction, Bureau of Contractor Prequalification. The Contractor must certify that neither the individual, partnership, corporation, joint venture, or limited liability corporation applying to do subcontract work nor any of its corporate officers, stockholders, partners, or members are collectively or individually suspended, debarred, proposed for debarment, disqualified, declared ineligible, or voluntarily excluded from doing business by this or any other State or sub-division thereof or listed in the Federal Government’s System for Award Management (SAM), located at: https://sam.gov/content/exclusions. REVISE SECTION 108.01.3.a SUBCONTRACT REQUIREMENTS TO THE FOLLOWING: a. Federal Aid Projects. This section intentionally left blank. 2. Limits and Restrictions. PART B IS CHANGED TO: b. The Contractor may only subcontract electrical, clearing site electrical, blasting, asbestos removal, landscaping, and lead paint abatement work to subcontractors having the required certificates and licenses. Submit copies of required certificates and licenses with the request for approval to subcontract. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT

bmit copies of required certificates and licenses with the request for approval to subcontract. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 18 of 76

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