Township Council Meeting — Packet

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

All claims filed are subject to audit at any time following the filing, whether or not part of a suit pending in the courts of this State pursuant to N.J.S.A. 59:13-1, et seq. 109.11 FINAL PAYMENT AND CLAIMS REVISE THE FOURTH PARAGRAPH TO THE FOLLOWING: Include in the release the specific monetary amounts and the specific nature of the claims being reserved. Failure to state specific monetary amounts and the specific nature of the claim shall result in a waiver of such claims. The Contractor may reserve only those claims properly filed with the Department and not previously resolved. The Contractor waives all claims for which the required notice has not been filed with the Department. THE LAST PARAGRAPH IS CHANGED TO: Pursuant to N.J.S.A. 52:15C-14(d) and N.J.A.C. 19:70-1.6(b), relevant records of private vendors or other persons entering into contracts with the Department are subject to audit or review by the New Jersey Office of the State Comptroller. Therefore, the Contractor shall maintain all documentation related to products, transactions or services under the Contract for a period of 5 years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 24 of 76

DIVISION 150 – CONTRACT REQUIREMENTS SECTION 151 – PERFORMANCE BOND AND PAYMENT BOND 151.03.01 Performance Bond and Payment Bond THE FIRST SENTENCE IS CHANGED TO: Using bond forms issued by the Department, provide a performance bond and a payment bond to the Department within 14 days of the date of Award or Conditional Award. 151.04 MEASUREMENT AND PAYMENT THE DEFINITION FOR THE VARIABLE CF IS CHANGED TO: CF = Final Contract Price excluding adjustments for PERFORMANCE AND PAYMENT BOND. THE FOLLOWING IS ADDED: The Department will measure and make payment for Items as follows: Item Pay Unit PERFORMANCE BOND AND PAYMENT BOND DOLLAR SECTION 152 – INSURANCE THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to INSTRUCTION TO BIDDERS Section in the front end of these specification for insurance requirements. SECTION 153 – PROGRESS SCHEDULE THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to CONTRACT AND AGREEMENT Section in the front end of these specification for the progress schedule. SECTION 154 – MOBILIZATION 154.03 PROCEDURE THE FOLLOWING IS ADDED: The contractor shall coordinate with the Township of WEST ORANGE regarding the storing and staging of equipment and materials prior to mobilizing. Separate payment will not be made for mobilization. 154.04 MEASUREMENT AND PAYMENT THE SUBSECTION IS CHANGED TO: The Department will measure and make payment for Items as follows: Item Pay Unit MOBILIZATION LUMP SUM HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 25 of 76

The Department will make payment for MOBILIZATION on a lump sum basis, regardless of the number of times the Contractor shuts down and returns to the Project. The Department will make payment as follows: Work Completed Payment 5% of the Work1 Lesser of 25% of bid price or 3% of Total Contract Price 10% of the Work1 Lesser of 50% of bid price or 7% of Total Contract Price 15% of the Work1 Lesser of 75% of bid price or 11% of Total Contract Price 20% of the Work1 Lesser of 100% of bid price or 15% of Total Contract Price 100% of the Work Amount of bid price not previously paid 1. If the baseline schedule is not approved, the Department will not make payment for MOBILIZATION. The Department will calculate the percentage of Work completed from the total of payments compared to the Total Contract Price. The total of payments excludes the amount paid for Mobilization and the amount paid for materials furnished but not incorporated into the Work as specified in 109.06. If mobilization is not included in the Proposal, include the costs in the various Items scheduled in the Proposal. SECTION 155 – CONSTRUCTION FIELD OFFICE THIS SECTION IS DELETED. SECTION 156 – MATERIALS FIELD LABORATORY AND CURING FACILITY THIS SECTION IS DELETED. SECTION 158 – SOIL EROSION AND SEDIMENT CONTROL AND WATER QUALITY CONTROL 158.04 SESC Measures THE FOLLOWING IS ADDED: The Department will measure and make payment for Items as follows: Item Pay Unit INLET FILTER, TYPE 1 SQUARE FOOT SECTION 159 – TRAFFIC CONTROL 159.02.01 Materials THE FIRST ITEM IS CHANGED TO:

SQUARE FOOT SECTION 159 – TRAFFIC CONTROL 159.02.01 Materials THE FIRST ITEM IS CHANGED TO: Tack Coat 64-22 ............................................................................................................................................. 902.01.01 159.02.02 Equipment THE FOLLOWING EQUIPMENT IS CHANGED TO: Arrow Board ..................................................................................................................................................... 1001.01 THE FOLLOWING IS ADDED TO THE LIST OF EQUIPMENT REFERENCES: Portable Variable Message Sign w/Remote Communication…….………………...……………………1001.04 HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 26 of 76

Portable Trailer Mounted CCTV Camera Assembly……………….……………………………………1001.05 159.03.01 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: THE FOLLOWING IS ADDED: Traffic Control & Staging/Scheduling: 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. 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. 2009 edition or as amended. 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 It is the Contractor’s sole responsibility to make payments to Extra Duty Solutions on time. Contractor is herein advised that proof of paid invoices are to be submitted for reimbursement at the time of payment(s)

tractor’s sole responsibility to make payments to Extra Duty Solutions on time. Contractor is herein advised that proof of paid invoices are to be submitted for reimbursement at the time of payment(s) request. 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. The Contractor is responsible for coordinating all work with the Township Police Department. 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. 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. While Uniformed Officers are not anticipated, the Contractor is still responsible to coordinate all work with the West Orange Police Department. 159.03.02 Traffic Control Devices THE FIRST PARAGRAPGH IS CHANGED TO: HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 27 of 76

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 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. PART 3 IS CHANGED TO: 3. Arrow Board. Provide an arrow board as specified in 1001.01. PART (5) IS CHANGED TO: 5. Temporary Crash Cushion. Install inertial barrier systems as specified in 611.03.01. Install temporary compressive crash cushions as specified in 611.03.02. Immediately repair or replace crash cushions that become damaged or become inoperable. Begin repair or replacement of the temporary crash cushion within 1 hour of receiving notice of damage from the Department. Ensure that workers assigned to such repair or replacement work continuously until the temporary crash cushion is repaired or replaced. If the Contractor fails to respond to a damage notification and begin work within 1 hour of notification, or does not continue to work until the temporary crash cushion