Township Council Meeting — Packet

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