Township Council Meeting — Packet

irs or allow the Contractor to complete the repairs, with the Contractor responsible for any applicable time and expense. Should the Contractor, for its own convenience, cause the Utility(s) to incur costs or delay the Utility(s), or incur costs without prior written approval of the Resident Engineer, the Contractor shall be responsible for these costs and delays. SECTION 107 — LEGAL RELATIONS 107.01 LEGAL JURISDICTION 107.11 RISKS ASSUMED BY THE CONTRACTOR 107.11.01 Risks 1. Damage Caused by the Contractor. THE FOLLOWING IS ADDED AFTER THE FIRST PARAGRAPH: The Contractor agrees that he shall have no right to nor shall he make any claim whatsoever for damage or additional compensation by reason of the engineer revising the stage construction or the

maintenance of traffic requirements of the Contract. An extension of time may, however, be granted if appropriate under subsection 108.11. 107.11.02 General Insurance. THIS SUBPART IS REPLACED BY THE FOLLOWING: REFER TO THE FRONT END OF THESE SPECIFICATIONS FOR GENERAL INSURANCE REQUIREMENTS. 107.14 Patented Devices, Materials, and Processes THE SECOND PARAGRAPH IS DELETED. SECTION 108 — PROSECUTION AND COMPLETION 408.02 COMMENCEMENT OF WORK THE SECOND PARAGRAPH IS REPLACED WITH THE FOLLOWING: Provide written notice to the contact provided in 101.04 of the date when construction operations will begin. Do not begin construction operations before the date provided and the receipt of the Notice to Proceed. THE SEVENTH PARAGRAPH IS REPLACED WITH THE FOLLOWING: The Contractor is not entitled to payment or an extension of Contract Time for any delay, hindrance, or interference before the first day of Contract Time. 108.04 WORK SITE AND STORAGE THE FOLLOWING IS ADDED: Private property shall not be used for storage purposes without written permission of the owner or lessee, and any other approvals, including those as specified in 107.01.02. Copies of such written permission shall be furnished to the RE before storage. Materials shall be stored to ensure the preservation of their quality and fitness. Stored materials, even though approved before storage, may again be inspected before their use on the Project. Stored materials shall be located so as to facilitate their prompt inspection. With the approval of the RE, portions of the ROW may be used for storage purposes and for the placing of the Contractor's plant and equipment, but any additional space must be provided by the Contractor at the Contractor's expense. Equipment and materials shall be placed behind traffic control devices, or stored more than 30 feet from the traveled way. Furnishing, placing, and removing the traffic control devices shall be at no Additional Compensation. No materials shall be stored within restricted areas noted on the plans or in regulated environmental areas. 108.07 TRAFFIC CONTROL 108.07.01 Interference THE SIXTH PARAGRAPH IS DELETED AND REPLACED WITH THE FOLLOWING: The Contractor agrees that he shall have no right to nor shall he make any claim whatsoever for damage or additional compensation by reason of the engineer revising the stage construction or the

ING: The Contractor agrees that he shall have no right to nor shall he make any claim whatsoever for damage or additional compensation by reason of the engineer revising the stage construction or the maintenance of traffic requirements of the Contract. An extension of time may, however, be granted if appropriate under subsection 108.11. THE FOLLOWING IS ADDED: The contractor is responsible for coordinating all traffic control operations with the police department. Work which will interfere with traffic or restrict the width of traveled way available for traffic shall not be performed on Saturdays, Sundays, or Legal Holidays unless approved by the RE.

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 107.11.01. 108.10 CONTRACT TIME THE SECOND PARAGRAPH IS DELETED: THE FOLLOWING IS ADDED: The entire work of the project shall be completed within 60 calendar days. 108.14 DEFAULT AND TERMINATION OF CONTRACTOR'S RIGHT TO PROCEED THE FOLLOWING SUBPARTS UNDER THE FIRST PARAGRAPH ARE CHANGED TO: 1. Fails to submit the required contract documents as outlined in Section 108.02 within 30 calendar days of the start of Contract Time OR fails to begin construction operations within 21 calendar days of the scheduled start date/Notice to Proceed. 108.16 PARTIAL ACCEPTANCE THE PROVISIONS OF THIS SECTION ARE DELETED FROM THIS CONTRACT. 108.18 SUBSTANTIAL COMPLETION REPLACE THIS SUBSECTION WITH THE FOLLOWING: The Contractor will provide written notice to the RE when the Work is substantially complete. Upon notice the RE will arrange for inspection by the Township. If the inspection indicates that the Work is not substantially completed the RE will respond within 14 days and provide the Contractor with the ‘punch-list’ and necessary instructions for completicn and correction. Upon completion and correction of the Work, the Contractor will again notify the RE that the work is substantially complete and the RE will perform another inspection. Repeat this procedure until the Work on the project site is determined to be substantially completed by the RE. 108.19 COMPLETION AND ACCEPTANCE REPLACE THIS SUBSECTION WITH THE FOLLOWING: The Contractor will provide written notice to the RE when the Work is complete. Upon notice the RE will notify the Township for concurrence of completion of all work items to the satisfaction of the Township requirements. If the Township determines that the Work is not complete, the RE will respond within 14 days and provide the Contractor with the necessary instructions for completion and correction. Complete the Work to gain the acceptance of the Township as communicated through the

ll respond within 14 days and provide the Contractor with the necessary instructions for completion and correction. Complete the Work to gain the acceptance of the Township as communicated through the RE. Upon satisfaction of the RE that construction operations are complete and acceptable, the project will move to Township administration for processing of project completion documentation; this marks the Construction Operation Completion Date. The Contractor will work with Township administration to complete the required documentation of bonds, lien releases, change orders, warrantees, and other documentation as required herein, see Section 109.11. 108.20 LIQUIDATED DAMAGES THE FOLLOWING IS ADDED:

Refer to the front end of these specifications for liquidated damages clauses. SECTION 109 - MEASUREMENT AND PAYMENT 109.08 AS-BUILT QUANTITIES THE FOLLOWING IS ADDED: The Resident Engineer may from time to time, before Substantial Completion, prepare as-built quantities and incorporate these quantities into monthly estimate certificates through an appropriate Field Order or Change Order. Such interim as-built quantities are subject to recalculation in completion of the Final Certificate. 10

DIVISION 150 —- CONTRACT REQUIREMENTS SECTION 151 - PERFORMANCE BOND AND PAYMENT BOND 151.04 MEASUREMENT AND PAYMENT THIS SUBSECTION IS CHANGED TO: The Township will measure and make payment for Items as follows: Item Pay Unit PERFORMANCE BOND AND PAYMENT BOND LUMP SUM SECTION 154 — MOBILIZATION 154.04 MEASUREMENT AND PAYMENT THIS SUBSECTION IS CHANGED TO: The Township will measure and make payment for Items as follows: Item Pay Unit MOBILIZATION LUMP SUM The Township 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 Township will make payment as follows: Work Completed Payment 10% 50% 20% 75% 30% 98% This work shall include coordinating with the utility companies, municipal, county officials and residents. SECTION 157 — CONSTRUCTION LAYOUT AND MONUMENTS 157.03.01 Construction Layout THE FOURTH PARAGRAPH IS CHANGED TO: The Contractor shall perform layout for construction of the Contract by determining their own project control. Perform layout under the direct supervision of a licensed N.J. Land Surveyor. Preserve control points throughout the duration of the project. Reset control points that are damaged, lost, displaced, or removed. The Contractor shall also establish a project baseline which will be provided to the RE. THE FIFTH PARAGRAPH IS CHANGED TO: Before beginning construction operations, the Contractor's licensed surveyor shall establish the vertical and horizontal controls using, at minimum, third-order, Class | accuracy procedural standards and equipment. Provide the RE all survey notes and calculations related to the field control established. 11

The FOLLOWING IS ADDED: Before any milling operations, the Contractor shall provide the construction baseline layout and survey notes to the RE after performing the field layout. Also, before milling operations the Contractor's licensed surveyor shall obtain and verify existing grades and provide the RE with grading/cut sheets for review before any milling operations and/or construction of any asphalt. The Contractor's licensed surveyor shall provide, ata minimum, grades along the baseline/centerline, points of noticeable grade changes in the cross slopes, gutter line, and/or edge of road and top of curb at fifty (50) foot intervals along with all inlets and manholes. The grading/cut sheets shall provide a finished paving grade that provides positive drainage flow in a surface mat laid in a uniform layer. Prior to completing this task, the Contractor shall meet with the RE to confirm that this information is desired on all roadways. The RE reserves the right to eliminate this work on one or more roadways during construction. Layout of work shall be adjusted in the field to meet site conditions as approved in writing by the professional engineer responsible for the design. The contractor is responsible to layout all new work prior to construction for Field Engineer's approval. Any locations not approved by the Field Engineer and installed by the contractor shall be removed and replaced as per the Field Engineer's instructions at no additional cost to the owner. All layout work shall be done by a New Jersey Licensed Land Surveyor. The Horizontal Datum is based upon NAD’83. 157.04 MEASUREMENT AND PAYMENT THE FOLLOWING IS ADDED: Item Pay Unit CONSTRUCTION LAYOUT STANDISH AVENUE LUMP SUM SECTION 158 — SOIL EROSION AND SEDIMENT CONTROL AND WATER QUALITY CONTROL 158.04 MEASUREMENT AND PAYMENT THE SECTION AND ALL PAY ITEMS ARE DELETED AND REPLACED WITH THE FOLLOWING: The contractor is responsible to have all soil erosions and sediment control measures in place and maintained throughout construction in accordance with the plans, the latest edition The Standards for Soil Erosion and Sediment Control in New Jersey, all applicable specifications of this section, industry standards or as directed by the local Soils Conservation district or as directed by the Engineer. The cost for all necessary Soil Erosion and Sediment Control Measures shall be included under

industry standards or as directed by the local Soils Conservation district or as directed by the Engineer. The cost for all necessary Soil Erosion and Sediment Control Measures shall be included under the pay item SOIL EROSION & SEDIMENT CONTROL MEASURES. THE FOLLOWING ITEM IS ADDED: Pay Item Pay Unit SOIL EROSION & SEDIMENT CONTROL MEASURES LUMP SUM 12

SECTION 159 — TRAFFIC CONTROL 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 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