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STANDARD SPECIFICATIONS
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HNTB Corporation
General Consultants
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Section 102 - Bidding Requirements And Conditions .....................................................................100-13 102.01 102.02 102.03 102.04 102.05 102.06 102.07 102.08 102.09 102.10 102.11 102.12 102.13 102.14 102.15 102.16 Prequalification of Prospective Bidders. .......................................................................100-13 Disqualification of Bidders..............................................................................................100-14 Proposals. ...........................................................................................................................100-14 Familiarity with Work. ....................................................................................................100-15 Examination of Contract Documents. ...........................................................................100-17 Approximate Quantities. .................................................................................................100-17 Proposal Guaranty............................................................................................................100-18 Power of Attorney. ...........................................................................................................100-18 Submitting Proposals. ......................................................................................................100-18 Withdrawing Proposal.....................................................................................................100-19 Causes for Rejection. ........................................................................................................100-19 Return of Proposal Guaranty..........................................................................................100-19 Prevailing Wage Rates. ....................................................................................................100-20 Use of Turnpike Roadways and Facilities. ...................................................................100-20 Public Works Contractor Registration Act. ..................................................................100-20 Business Registration Act. ...............................................................................................100-20
Section 103 - Award And Execution Of Contract ..............................................................................100-21 103.01 103.02 103.03 103.04 Award of Contract............................................................................................................100-21 Execution of Contract.......................................................................................................100-21 Failure to Execute Contract. ............................................................................................100-22 Subletting and Assigning Contract................................................................................100-22
Section 104 - Control Of Work ..............................................................................................................100-23 104.01 104.02 104.03 104.04 104.05 104.06 104.07 104.08 104.09 104.10 104.11 104.12 104.13 Intent of Contract..............................................................................................................100-23 Authority of the Engineer................................................................................................100-24 Plans and Specifications. .................................................................................................100-24 Change of Plans and Specifications. ..............................................................................100-25 Inspection of Work. ..........................................................................................................100-27 Contractor's Organization. ..............................................................................................100-28 Cooperation by Contractor. ............................................................................................100-28 Shop and Working Drawings. ........................................................................................100-29 Construction Layout.........................................................................................................100-32 Mobilization.......................................................................................................................100-33 Noise Control. ...................................................................................................................100-34 Dust Control. .....................................................................................................................100-36 Sanitary, Health and Safety Provisions.........................................................................100-36
Section 105 - Control Of Materials .......................................................................................................100-36 105.01 105.02 105.03 105.04 105.05 105.06 Materials.............................................................................................................................100-36 Local Material Sources.....................................................................................................100-37 Inspections, Tests and Samples. .....................................................................................100-37 Certification of Compliance. ...........................................................................................100-38 Plant Inspection.................................................................................................................100-39 Foreign Materials..............................................................................................................100-39 100-1
Storage of Materials and Staging Areas. .......................................................................100-40 Handling Materials...........................................................................................................100-41 Unacceptable Materials....................................................................................................100-41 Authority Furnished Material. .......................................................................................100-41 Substitution of Materials and Products.........................................................................100-41 Material and Product Samples. ......................................................................................100-42 Additional Requirements. ...............................................................................................100-42
Section 106 - Legal Relations And Responsibility ............................................................................100-42 106.01 106.02 106.03 106.04 106.05 106.06 106.07 106.08 106.09 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 Personal Liability. .............................................................................................................100-42 Laws and Ordinances.......................................................................................................100-43 Annulment of Contract. ...................................................................................................100-44 Default of Contract. ..........................................................................................................100-44 Forfeiture............................................................................................................................100-46 Unauthorized or Defective Work...................................................................................100-46 Claims for Additional Compensation or Extension of Time. ....................................100-46 Subcontractor's and Suppliers Claims...........................................................................100-49 Responsibility for Work...................................................................................................100-49 Permits, Licenses and Taxes............................................................................................100-49 Patented Devices, Materials and Processes. .................................................................100-50 Public Convenience and Safety. .....................................................................................100-50 Use of Explosives. .............................................................................................................100-51 Protection and Restoration of Property Markers and Land Monuments................100-51 Forest Protection. ..............................................................................................................100-51 Construction Over or Adjacent to Railroad Facilities.................................................100-52 Construction Over or Adjacent to Navigable Waters.................................................100-52 Utilities. ..............................................................................................................................100-52 Risks Assumed By The Contractor. ...............................................................................100-54 Insurance. ...........................................................................................................................100-56 Applicable Law. ................................................................................................................100-60 Character of Workmen, Methods and Equipment. .....................................................100-60 Recovery of Monies by the Authority. ..........................................................................100-61 Small Business Enterprise Program...............................................................................100-61
Section 107 - Prosecution And Progress ..............................................................................................100-62 107.01 107.02 107.03 107.04 107.05 107.06 107.07 107.08 107.09 107.10 Commencement and Procedure. ....................................................................................100-62 Pre-Construction Conference..........................................................................................100-62 Commencement of Work.................................................................................................100-63 Progress Schedule.............................................................................................................100-63 Time of Completion..........................................................................................................100-71 Extension and Reduction of Contract Time..................................................................100-71 Failure to Complete on Time. .........................................................................................100-73 Suspension of Work. ........................................................................................................100-73 Termination of Contract. .................................................................................................100-74 Progress Photographs. .....................................................................................................100-76
Section 108 - Measurement And Payment ..........................................................................................100-76 108.01 108.02 108.03 108.04 108.05 108.06 108.07 Measurement of Quantities.............................................................................................100-76 Payment..............................................................................................................................100-79 Partial Payments. ..............................................................................................................100-79 Payments for Cost-Plus Work.........................................................................................100-80 Final Payment....................................................................................................................100-82 As-Built Quantities. ..........................................................................................................100-83 Release. ...............................................................................................................................100-83
100-2
Section 109 - Acceptance And Guaranty .............................................................................................100-83 109.01 109.02 109.03 109.04 Final Cleaning Up.............................................................................................................100-83 Final Inspection and Acceptance of Work. ...................................................................100-83 Maintenance Bond. ...........................................................................................................100-84 Termination of Responsibility. .......................................................................................100-85
100-3
100-4
101.01
101.02
101.02 Definitions.
Pronouns and working titles having a masculine gender, such as he, him, his, flagmen, materialmen, watchman, and the like, are utilized in the specifications for the sake of brevity and are intended to refer to persons of either gender or to corporate or other legal entities, as appropriate. Whenever in the Specifications or other Contract Documents, the following abbreviations and terms, or pronouns in place of them are used, their intent and meaning shall be interpreted as follows:
(A) ABBREVIATIONS.
AAN AASHTO ACI AGC AIA AISI AITC ANLA ANSI API ASCE ASLA ASME ASTM AWPA AWS AWWA BOCA CRSI EEI EPA FAA FHWA FSS HMA IBC American Association of Nurserymen American Association of State Highway and Transportation Officials American Concrete Institute Associated General Contractors of America American Institute of Architects American Iron and Steel Institute American Institute of Timber Construction American Nursery and Landscape Association American National Standards Institute American Pipe Institute American Society of Civil Engineers American Society of Landscape Architects American Society of Mechanical Engineers American Society for Testing and Materials American Wood Preservers Association American Welding Society American Water Works Association Building Officials and Code Administrators Concrete Reinforcing Steel Institute Edison Electrical Institute Environmental Protection Agency of the United States Government Federal Aviation Agency Federal Highway Administration Federal Specifications and Standards, General Services Hot Mix Asphalt Industrialized Building Commission 100-5
101.02 ICEA IEEE IMSA IPCEA ISA ITE MARTCP MUTCD NCHRP NEC NEMA NFPA NIST NJAC NJDEP NJDOT NJSA NJSAT NJSHPO NJSP NPCA NRCA OSHA PCI SAE SPN SSPC UCC UL USCG
101.02 Insulated Cable Engineers Association Institute of Electrical and Electronic Engineers International Municipal Signal Association Insulated Power Cable Engineers Associations International Society of Arboriculture Institute of Transportation Engineers Mid-Atlantic Region Technician Certification Program Manual on Uniform Traffic Control Devices National Cooperative Highway Research Program National Electric Code National Electrical Manufacturers Association National Fire Protection Association National Institute of Standards and Technology New Jersey Administrative Code New Jersey Department of Environmental Protection New Jersey Department of Transportation New Jersey Statutes Annotated New Jersey Society of Asphalt Technologists New Jersey State Historic Preservation Officer New Jersey State Police National Precast Concrete Association National Roofing Contractors Association Occupational Safety and Health Administration Prestressed Concrete Institute Society of Automotive Engineers Standard Plant Names adopted by the American Joint Commission on Horticulture Nomenclature Steel Structures Painting Council Uniform Construction Code Underwriters' Laboratories United States Coast Guard
The publications, specifications, test methods and standards of the above organizations to which referral or of which mention is made, shall be the edition of such publication and any interim modifications in effect on the date Contract Documents are made available, unless otherwise noted.
(B) TERMS.
Formal written acknowledgment by the Authority that all Work, or a specific portion thereof, under the Contract has been satisfactorily completed. Testing conducted by the Engineer to measure the degree of compliance to the Contract Documents. Written or telegraphic interpretations or revisions of any of the Contract Documents transmitted to bidders by ail or telecopy in advance of the opening of bids in the manner required by law. The public announcement, as required by law, inviting bids for Work to be performed or materials to be furnished. Such announcement will indicate the location of the Project, character and estimated quantity of materials required, prequalification requirements, time and place of the opening of Proposals, and other relevant information to prospective bidders. The New Jersey Turnpike Authority. 100-6
Authority
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101.02
101.02 The testing laboratory (or laboratories) or testing engineers that may be designated by the New Jersey Turnpike Authority. The decision of the Authority to accept the Proposal of the lowest responsible Bidder, subject to the Governors veto period, and the execution and approval of a Contract, and receipt by the Authority of the Contract Bond, in accordance with the Specifications, and as may be required by law. An individual, firm, partnership, corporation, or joint venture, acting directly or through a duly authorized representative, submitting a Proposal. A Calendar day between the hours of 9:00 A.M. and 5:00 P.M., exclusive of Saturdays, Sundays or as declared by the Authority. The term "by others" refers to a person, firm or corporation, other than the Contractor or its surety or persons, firms or corporations in a contractual relationship with the Contractor or the surety, such as a subcontractor, supplier, fabricator or consultant at any tier. "By others" shall include the Authority or other public body. Every day shown on the calendar. A written order to the Contractor, signed by the Chief Engineer, ordering a change in the work from that shown by the original Plans and Specifications. The Chief Engineer of the New Jersey Turnpike Authority. The Commissioners of the New Jersey Turnpike Authority acting as a body, directly or through their duly authorized representatives; such representatives acting within the scope of the particular duties delegated to them. The date upon which all of the following shall occur: (1) the Work has been satisfactorily completed in all respects in accordance with the Contract Documents; (2) the Project is ready for use by the Authority to the degree required by the terms of the Contract; (3) the Contractor has satisfactorily executed and delivered to the Chief Engineer all documents, certificates, and proofs of compliance required by the Contract Documents, it being understood that the satisfactory execution and delivery of said documents, certificates, and proofs of compliance is a requirement of the Contract. Award of the Contract subject to Veto of the Governor as required by law. Construction operations shall include site clearing, demolition, movement of utilities or other facilities and actual construction of any of the temporary or permanent structures, roadways or public improvements required by the Contract. The term shall not include mobilization, procurement and storage of materials and plant, providing engineering, Performance Bond and Payment Bond, surveys, working drawings, field offices, or other schedules, certificates, forms, or documents necessary prior to the performance of Work on Pay Items. 100-7
Authority Laboratory
Award
Bidder
Business Day
By Others
Commissioners
Completion Date
Conditional Award
Construction Operations
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101.02
101.02 A contract document governing the Contractor, his employees, subcontractors and suppliers with respect to compliance with safety standards and procedures on the job site. The Agreement between the Authority and the Contractor for the performance of a specific project, in accordance with the requirements and provisions of the Contract Documents, which include, without limitation, the Proposal, Proposal Guaranty, Contract Agreement, Contract Bond, Standard Specifications, Supplementary Specifications, Traffic Permit, Construction Safety Manual, Power of Execution, Plans, Addenda (if any) and Change Orders (if any), all of which are to be treated as one instrument, as if set forth at length in the Contract. The approved form of security furnished by the Contractor guaranteeing the faithful performance of the Contract by the Contractor The term "Contract Documents" includes, without limitation,: Advertisement for Proposal, Proposal Guaranty, Contract Agreement, Contract Bond, Power of Execution, Standard Specifications, Supplemental Specifications, Special Provisions, Plans, Addenda, or other information mailed or otherwise transmitted to the prospective bidders prior to the receipt of bids, Change Orders, Field Orders, and Supplementary Agreements, all of which are to be treated as one instrument whether or not set forth at length in the written Contract Agreement. Note: As used in Sections 102 and 103 only, Contract Documents do not include Change Orders, Field Orders and Supplementary Agreements. As used in Section 102 only. As used in Section 102 only, Contract Documents also do not include Executed Contract Agreement and Proposal Guaranty and Contract Bond. Contract Price The amount of the successful bidders Proposal, accepted by the Authority at the time of the award. Party to the Contract who is solely liable for the acceptable performance of the Project and for the payment of all debts pertaining to the Project, except those specifically assumed by others. Any feature of the Work, which, if delayed at the time in question, will delay the overall time of completion of the Contract. Calendar days, unless otherwise designated. The Chief Engineer of the Authority, or his duly authorized representative acting within the scope of the particular authority vested in him. All machinery, equipment, tools and apparatus, together with the necessary supplies for upkeep and maintenance, necessary for the proper construction and acceptable completion of the Work.
Contract
Contract Bond
Contract Documents
Contractor
Equipment
100-8
12
101.02
101.02 A written order, signed by the Resident Engineer, requiring specified performance by the Contractor. Such written order shall be in the sole judgment of the Resident Engineer, and is not subject to negotiation. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The following days shall be considered Holidays: New Year's Day Martin Luther King's Birthday - Observed Presidents' Day Good Friday Memorial Day - Observed Independence Day Labor Day Columbus Day - Observed Election Day Veterans Day Thanksgiving Day Thanksgiving Day Friday Christmas Day Authorized representative of the Engineer assigned to inspection of work and materials. The committee formed with representation from the New Jersey Department of Transportation, the New Jersey Turnpike Authority, the Port Authority of New York and New Jersey, and the Delaware River Port Authority to develop standardized construction specifications among the agencies. The Advertisement for Proposals for all work or materials on which bids are required. A firm or individual designated by the Chief Engineer for the inspection and testing of the materials to be used or integrated into the Project. Area of roadway utilized for either permanent or temporary single line of vehicular traffic. A letter issued by the Authority to prospective bidders, containing instructions for access to, and inspection of, work sites. The Proposal Guaranty submitted by the Bidder on the Authority issued form. When used for a Scheduled Item of Work, means complete payment for that Scheduled Item of Work described in the Contract. Any Scheduled item of Work whose price, based on the Proposal quantity multiplied by the Contract unit price bid, amounts to more than 15 per cent of the Total Price bid for the Contract. All raw or prepared materials and manufactured or fabricated products utilized in the Project. That portion of a divided highway separating the paved sections, said paved sections including both the shoulders and the traveled way. The New Jersey Department of Transportation of the State of New Jersey, as created by law.
Field Order
Holidays
Inspector
Invitation For Bids Laboratory Lane Letter Of Authorization Letter Of Surety Lump Sum
Major Item
100-9
13
101.02
101.02 The written notice from the Authority to a successful Bidder advising of the Award of the Contract. The date of the Notice of Award is the beginning of the Contract Time. Written notice to the Contractor advising the Contractor to begin work on the Project. A specifically described item of Work for which the Bidder provides a per unit or lump sum price in the Proposal. The standard drawings, the official approved drawings specially prepared for the Project, profiles, cross-sections, and any supplemental drawings, or exact reproductions thereof, and that are current on the date the bids are received, and were furnished by the Authority, that indicate the location, character, dimensions, and details of the Work to be done. The initial project meeting conducted by the Engineer, and attended by the Contractor. A separate utility preconstruction conference may be scheduled. The entire Work to be performed under the Contract, including the furnishing and doing of all things necessary or proper therefor or incidental thereto for completion of the Work. The Authority issued form, which has been completed, executed, and submitted by the Bidder as a bid for the performance of the Project. The Proposal Guaranty submitted by the Bidder on the Authority issued form. Security in one of the following forms: (1) a Proposal Bond, (2) Letter of Surety, or (3) certified check, accompanying a Proposal, guaranteeing that Bidder will execute the Contract and furnish the required Contract Bond, if Bidders Proposal is accepted. The field representative of the Engineer, having direct supervision of the administration of the Contract. A specifically described unit of work for which a price is provided in the Contract. Designates an obligation of the Contractor, unless otherwise indicated. Stress sheets, working drawings, diagrams, illustrations, schedules, performance charts, brochures, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, reproductions of manufacturer's pre-printed information (catalog cuts), and any other supplementary plans or similar data that are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and that the Contractor is required to submit to the Engineer for approval. Such items that require highly specialized knowledge, craftsmanship or equipment not normally available among contractors qualified to bid on the Contract as a whole, and which are designated as "specialty items" in the Contract Documents.
Notice Of Award
Plans
Preconstruction Conference
Project
Proposal Guaranty
Specialty Items
100-10
14
101.02
101.02 The Standard Specifications, the Supplementary Specifications and Addenda, if issued, pertaining to the method or manner of performing the Project and to the qualities of the materials to be furnished for the Project. The date on which the Contract Work is specified to be completed. The Sixth edition, dated 2004, of the Standard Specifications of the New Jersey Turnpike Authority. The State of New Jersey. Any corporation, partnership, firm or individual who contracts with the Contractor to perform work at or about the construction site, for or on behalf of the Contractor. The point in time that the Chief Engineer determines the performance of the Work or portion thereof under the Contract, except final clean-up and repair of Work performed not acceptable to the Engineer, has been completed; provided however, that the Chief Engineer has determined, in his sole discretion, that (1) the project is safe and convenient for use by the public and Authority employees and visitors; and (2) failure to complete the Work and repairs excepted above will not result in deterioration of the other completed Work. The Contractor's authorized representative in charge of the Work, who shall be authorized to receive all communications from the Authority. Additions to or amendments of the Standard Specifications pertaining to the Project. Any corporation, partnership, firm or individual who contracts with the Contractor to manufacture, supply or sell goods, materials, or equipment for the Project for or on behalf of the Contractor. A company licensed to do business in the State of New Jersey, and authorized to issues bonds in accordance with N.J.S.A. 2A:44-143.. A privately owned facility capable of testing and evaluating component parts, or the whole, for certification of the composition or construction of the material or product. The total contract price as adjusted through the issuance of Change Orders and Field Orders and the calculation of as-built quantities. The sum of the individual amounts for all Scheduled Items of Work listed in the Bidders Proposal. An approved form, also referred to as a construction permit, issued to the Contractor by the Operations Department of the Authority through the Engineer. No operations will be performed by the Contractor, which requires occupation of or entry upon any Turnpike facility, until a Traffic Permit has been issued. The Permit does not alter the provisions of the Contract as may be amended by Change Order. The Traffic Permit is considered a part of the Contract Documents, and it shall be adhered to in all circumstances. In addition, if the completion date is extended, the Contractor shall submit a request for an extension of the Traffic Permit. 100-11
Substantial Completion
Surety
Testing Agency
Traffic Permit
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101.02 The facilities known as New Jersey Turnpike owned and operated by the Authority. The State of New Jersey laws and regulations governing the construction of buildings and other specific facilities. This Code is administered by the Department of Community Affairs. A public, privately or cooperatively owned authority, agency or agencies operated by one or more persons or corporations for public service. For purposes of this Contract, railroads shall be considered utilities as well as all Turnpike owned services. Utilities include, but are not limited to, electric, telephone, communications, traffic surveillance, sewer, water, gas and similar services. The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. as amended and supplemented. A calendar day exclusive of Saturdays, Sundays, Authority recognized holidays and other holidays as declared by the Authority. Saturdays and Sundays, exclusive of the Authority recognized holidays, and other holidays, as declared by the Authority Designates an action to be taken by the Authority, the Engineer or any authorized representative, unless otherwise indicated. When referring to the Project or its performance, "directed," "required," "permitted," "ordered," "designated," "prescribed," and words of like import, shall imply the direction, requirement, permission, order, designation or prescription of the Engineer; and "approved," "acceptable," "satisfactory," and words of like import, shall mean approved by or acceptable or satisfactory to the Engineer; and "necessary," "reasonable," "proper," "correct," or words of like import, shall mean necessary, reasonable, proper or correct in the judgment of the Engineer. The term "Work" means the furnishing of all labor, services, materials, equipment, tools, transportation, supplies, and other incidentals necessary or convenient for the successful completion by the Contractor of the construction described in the Contract Documents, and the carrying out of all duties and obligation imposed by the Contract Documents on the Contractor.
Utility
Weekend
Will
Work
100-12
16
102.01
102.01 Any calendar day, exclusive of: 1) Saturdays, Sundays and holidays, 2) days on which the Contractor is specifically required by the Supplementary Specifications to suspend construction operations, and 3) days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. Working Day Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather, prevent the work from beginning at the usual starting time, and the crew is dismissed as a result thereof, and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations.
100-13
17
102.02
102.03 The Authority reserves the right to waive any or all irregularities and technicalities in the submission of prequalification documents, in accordance with law. Bidders shall submit a valid copy of their certificate evidencing compliance with the Public Works Contractor Registration Act to the Authoritys Engineering Department with their proposal. Failure to submit a valid copy of the certificate or registration may result in the rejection of the Bidders Proposal.
102.03 Proposals.
The Authority shall invite Proposals for work to be performed or materials to be furnished as set forth in detail in the Contract Documents. Proposals shall be submitted (typewritten or written in ink only) on the Authority issued forms. Bidder shall state in the Proposal the price per unit of measure or lump sum price for each Scheduled Item of Work. Bidders shall state prices in figures only. For lump sum items, the price shall appear solely in the box provided for that lump sum item under the column designated as Amount. For unit price items, the product of the unit price and approximate quantity shall appear in the Amount column. If an Amount is found to have been incorrectly computed, discrepancies may be corrected by the 100-14
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102.04
102.04 Authority on the basis of the Bidders stated unit price. The Total Contract Price is the sum of the individual Amounts of all Scheduled Items of Work. Determination of the low Bidder, for purposes of price comparison, will be made on the basis of the correct Total Price. When the Proposal contains alternate items, the Bidder shall only provide the unit price and amount for the lowest priced alternate item. When alternate items in the Proposal have a lump sum pay quantity, the Bidder shall only provide the amount for the lowest priced alternate item. The alternate item for which a price has been provided shall be constructed by the Bidder. When the Proposal contains alternate groups of items, the Bidder shall only provide the unit price and amount for each item within the lowest priced alternate group. The alternate group of items for which a price has been provided shall be constructed by the Bidder. Proposals that have not been prepared as described herein shall be rejected. For the purpose of comparison of bids received, the Total Price will be considered to be the amount bid for the Project, and Award will be based on that Total Price. However, if the Total Price is found to have been incorrectly computed, discrepancies may be corrected by the Authority, and the determination of the low Bidder will be made on the basis of the correct Total Price so determined. Where a unit price is bid for a contract item, but no extension is provided, the Authority shall provide the extension based on the unit price bid. Where an extension is provided by the Bidder in the amount column, but no unit price appears in the unit price column of the proposal, the Authority shall provide the unit price by dividing the amount figure provided by the Bidder by the estimated quantity. The Authority shall not be liable for any failure on its part to detect or correct errors and no right shall inure to any Bidder as a result of any action taken by the Authority in connection therewith. The Bidder shall not attach conditions, limitations or provisos to his proposal. When the Proposal is made by an individual, his post-office address shall be stated, and he shall sign the Proposal; when made by a firm or partnership, its name and post-office address shall be stated, and the Proposal shall be signed by one or more of the partners authorized to do so; when made by a corporation, its name and principal post-office address shall be stated, and the Proposal shall be signed by an authorized officer of the corporation and the corporate seal affixed. All Bidders, who are not residents of New Jersey, shall designate a proper agent in the State of New Jersey on whom service of process can be made in the event of litigation, which designation shall be shown by a written statement accompanying the Proposal duly executed by the Bidder, or submitted prior to Award. If the Authority so elects, Proposal Forms may be issued for Projects in combination and/or separately. Bids may be submitted either on the combination or on separate units of the combination. The Authority reserves the right to make Awards on combination bids or separate bids that are in the best interest of the Authority. Combination bids, other than those specifically provided for in the Proposal Forms, will not be considered. Separate Contracts may be awarded for each individual Project included in the combination.
100-15
19
102.04
102.04 are available for inspection at the Authority's office. The Authority assumes no responsibility whatsoever with respect to ascertaining for the Bidder such facts. All prospective Bidders desiring to inspect the construction sites must make specific arrangements, prior to such inspection, through the Office of the Traffic Engineer of Operations, (732) 247-0900, in a manner described by the Letter of Authorization from the Authority issued with the Contract Documents. The Letter of Authorization must be in the possession of the Bidders at all times during the inspection. Bidders shall investigate and ascertain for themselves, during the bidding period, all specific requirements pertaining to railroad companies and utility companies affected by the Work other than that provided by the Authority such as verification of times and schedules for track occupancy. These requirements include, but are not limited to, deenergization of power lines, flagging, shop drawing submittals, re-submittals and review, escrows, permits, etc. Any costs incurred for compliance with such requirements shall be borne by the Contractor unless specifically provided for in the Contract Documents. Bidders shall investigate subsurface conditions prior to submitting a Proposal. Borings, test excavations and other subsurface investigations, if any, made by the Engineer prior to the construction of the Project, the records of which may be available to Bidders, are not a part of the Contract, but are made available solely for use as a guide for design, and are not warranted to show the actual subsurface conditions. If in carrying out the Project, the Contractor finds that the actual conditions encountered do not conform to those indicated by said borings, test excavations and other subsurface investigations, Contractor agrees to immediately report findings to the Engineer. This information, while considered by the Authority to be sufficient for design purposes in both scope and content, is not necessarily sufficient for construction purposes and, accordingly, may require further investigation by the Bidder and Contractor. Any estimate or estimates of quantities shown on the Plans or in the Proposal, based on said borings, test excavations and other subsurface investigations or otherwise, are in no way warranted to indicate the true quantities or distribution of quantities. Bidders shall secure all necessary labor and equipment for completion of the Project. Bidders shall insure that the materials and equipment proposed will comply with the requirements as set forth in the Contract Documents, and can be obtained by the Bidder in the quantities necessary, and at the time required. Bidders shall secure the required insurance with special endorsements, and the Contract Bond, and shall comply with all other requirements of the Contract. The Contractor agrees that he will make no claim for, and has no right to, additional payment or extension of time for completion of the Work or any other concession including, but not limited to, (i) any misinterpretation or misunderstanding on its part of this Contract; (ii) any failure on Bidders part to become fully acquainted with all conditions relating to the Work; (iii) if the actual conditions encountered do not conform to those indicated by borings, test excavations and other subsurface investigation; or (iv) if the actual quantity or quantities do not conform to the estimated quantity or quantities. The Contractor shall make no claims for additional compensation as a result of delays or necessary alterations in the procedure of the Work that may be caused by delays in the acquisition of right-of-way except as specified in Subsection 107.06. The Authority may require all Bidders to attend a field demonstration or inspection prior to receipt of Proposals. The details of a field demonstration or inspection, if required, shall be set forth in the Advertisement for Proposal. Plans shall indicate the locations of the various items of Work and, in general, show the extent of the modifications or removals necessary at these locations, provided however, the 100-16
20
102.05
102.06 extent of the modifications or removals may vary from that shown, in which case, the actual limits of the Work will be determined by the Engineer as work progresses.
21
102.07
102.10
100-18
22
102.10
102.13
100-19
23
102.13
102.16
24
103.01
103.02 public contractors are required to obtain from the Department of Labor and Workforce Development pursuant to the Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq. Proof of valid business registration with the State of New Jersey Department of Treasury, Division of Revenue shall be submitted by the Bidder in the form of a valid BRC at the time of submission of the bid. No contract shall be awarded without proof of business registration with the Division of Revenue. Any questions with regard to obtaining a BRC can be directed to the Division of Revenue at (609) 292-1730. Alternatively, further information is available on the internet at: http://www.state.nj.us/treasury/revenue/gettingregistered.htm#busentity. The Contractor is to provide written notice to any Subcontractor(s) to provide it with a valid BRC. The Contractor shall maintain a list of Subcontractors and their addresses that may be updated from time to time during the course of the contract. The Contractor shall submit to the Turnpike Authority a copy of the Contractors list of Subcontractors and their addresses and any updates that take place during the performance of the Contract. The Contractor shall submit a complete and accurate list to the Authority before final payment is made for goods provided or services rendered or for construction of a construction project under the Contract.
100-21
25
103.03
103.04 the event of insolvency of the Surety, the Contractor shall forthwith furnish and maintain another surety satisfactory to the Authority. Furnish proof satisfactory to the Authority, of the authority of the person or persons executing the Contract and Contract Bond on behalf of the Contractor; Furnish and deliver the Power of Execution on the standard form of the Authority bound in the Contract; Furnish satisfactory evidence of the required insurance with endorsements as specified in Subsection 106.20; If the Award is to a Joint Venture, furnish and deliver the Certificate of Secretary on the standard form issued by the Authority; Furnish location of proposed borrow pits and/or quarries. All of the above shall be furnished, executed and delivered before the Contract will be executed and dated by the Authority.
26
104.01
104.02
The Contractor shall have a representative at the site whenever a subcontractor is performing Work on the contract. The Contractors designated representative shall be responsible for making all decisions and coordinating all subcontractor activities with the Engineer. The Contractor shall, at all times and in all respects, be the party primarily responsible to the Authority for the performance of the Contract, and for all subcontractors and suppliers. The Contractor shall not sell, transfer, assign, or otherwise dispose of Contractors obligations to the Authority. The receipt of notification of the subletting of any part of the Work, or obtaining supplies, shall not be construed to be an approval of the said subcontract, or supply contract or any of its terms. The Contractor shall not use a subcontractor or supplier without the express written approval of the Authority. The Authority reserves the right to reject the use of a subcontractor or supplier, at anytime, for any reason, including but not limited to: Lack of competency, of adequate machinery, plant, or of other equipment; Uncompleted existing work which, in the judgment of the Authority, might hinder or prevent the prompt completion of additional work, if Awarded. Failure to pay, or satisfactorily settle, all bills due for material furnished, for labor supplied or performed, for rental of equipment used, and for services rendered by public utilities on a contract in force at the time of issuance of proposals; Failure to comply with any Authority prequalification regulations; Failure to cure a notice of default or declaration of default under a prior contract: Subcontractor or supplier is currently debarred by any Federal or State entity. Failure to comply with any material term or condition of the contract, drawings, or specifications on a prior contract; Unsatisfactory performance on prior or current contracts; Lack of moral integrity as determined by the Attorney General of New Jersey or any federal or state Authority; Failure to reimburse the Authority for monies owed on any previously Awarded contracts, including those where the subcontractor or supplier is a party to a joint venture and the joint venture has failed to reimburse the Authority for monies owed. If a subcontractor or supplier is rejected by the Authority, the Contractor agrees that it shall notify any subcontractor of, and the subcontractor agrees to be bound by, the following: The subcontractor shall make no claim whatsoever against the Authority, its officers, agents, or employees for any work performed or material supplied by reason of said subcontract or for any cause whatsoever that may arise by reason of the relationships arising from this subcontract. Should the subcontractor institute legal action against the Authority, the subcontractor shall be liable and responsible for attorney fees, expert expenses, and costs incurred by the Authority in said litigation.
100-23
27
104.02
104.03
100-24
28
104.04
104.04 Documents, the Contractor shall immediately notify the Engineer in writing. The Engineer will promptly make, in writing, such corrections and interpretations as deemed necessary. Plans, Standard Drawings, Standard Specifications, and Supplementary Specifications will be furnished upon request, by the Engineer, at a charge in accordance with Authority rates on file in the Engineering Department, except that the successful Bidder will receive four copies of Supplementary Specifications and plans, without charge, upon Award of the Contract. One copy each of the Plans and the Supplementary Specifications shall be kept by the Contractor at the site of the Project at all times.
100-25
29
104.04
104.04 When such changes result in increases or decreases to the quantities of items scheduled in the Proposal, payment for the revised quantities of Work actually done will be made solely at the established Contract unit prices for such items, except as follows: (1) When such changes result in an increase or decrease amounting in cost that exceeds 25% of the total cost of the Project, as determined on the basis of the Proposal quantities and the bid prices for all the items scheduled in the Proposal, then only the Contract unit prices for these items whose quantities have been increased or decreased by more than 25% will be eligible for price negotiation. For each item whose quantity is increased by more than 25%, only the quantity in excess of 125% of the Proposal quantity will be subject to the negotiated price. For each item whose quantity is decreased by more than 25%, the entire revised quantity will be subject to the negotiated price. When the changes result in a decrease of more than 25% in the quantity of any Major Item, then the price bid for that Major Item will be eligible for price negotiation. When the changes in the quantity of a Major Item result in an increase of more than 25%, the quantity of that Major Item in excess of 125% of the Proposal quantity will be subject to negotiation. In the event the Authority and the Contractor cannot reach a mutual agreement on price changes by negotiation as provided in (1) and (2) above, a unilateral Change Order will be issued by the Authority. Payment for such work will, as directed by the Chief Engineer, be made on a cost plus basis, as prescribed in Subsection 108.04 or at the Contract's original unit prices, and it will be stated in the Change Order.
(2)
(3)
The elimination of any item not classified as a Major Item will not be considered as a basis for a claim for additional payment for loss of anticipated profits, except for such actual work as may have been done and materials actually purchased prior to notification of the elimination of the item. The omission of any Major Item will be subject to negotiation between the Authority and the Contractor. The reduction or elimination of any item, whether major or not, will not be considered as a basis for a claim for payment for costs or expense associated with an unbalanced allocation of such costs or expense among the Scheduled Items of Work shown in the Proposal. When changes involve the addition of work of a different character than that prescribed under any of the items scheduled in the Proposal, payment for such additional work will be made on the basis of a negotiated price or prices and the final terms for such work placed in a Change Order. In the event the Authority and the Contractor cannot reach a mutual agreement for a negotiated price, payment for such work will be made on a force account basis, as prescribed in Subsection 108.04 and the Change Order shall so state. Change Orders may also include appropriate changes in the terms of the Contract, such as extensions of time. Change Orders may also include specifications and drawings that may be necessary to cover the additional work. Work shall not proceed on any portion of the Project affected by a proposed change by the Authority until a Change Order or a written directive to proceed is issued by the Chief Engineer. The requirements of this paragraph may be waived if, in the opinion of the Chief Engineer, the circumstances are of an emergent nature, including circumstances affecting the safety of the traveling public, whereby it may be hazardous to delay action until formal approval of the Authority. In such event, the Engineer, or his duly authorized representative, may authorize the change in writing, subject to subsequent written confirmation by Change Order at a later date.
100-26
30
104.05
104.05 The Resident Engineer shall have the authority to order minor changes in the Work not involving an adjustment to the unit or lump sum prices, or quantities of Pay Items or an extension of time, and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by Field Order, shall be binding on the Authority and the Contractor, and shall not be the basis of additional compensation to the Contractor beyond that provided under the unit and lump sum prices bid. It is understood and agreed that issuance of a Change Order does not constitute a waiver by the Authority of the right to enforce its Standard and/or Supplementary Specifications with regard to further Change Orders, claims, and/or other contracts. Changes in the extent of work shall not operate as a waiver of any conditions of the Contract not specifically stated in the Change Order. If, in the opinion of the Engineer, the proposed increase in or additions to the original scope of work are of such magnitude as to warrant an extension in the time or times of completion, such extension of time will be authorized by the Authority, in accordance with Subsection 107.06. The foregoing provisions shall not apply in the case of changes in quantities specifically covered elsewhere in this Contract.
31
104.06
104.07 opinion arises between him and the Contractor relating to the materials furnished or the performance of the work, he has the authority to reject the materials and suspend the work until such time as the question at issue can be referred to and decided by the Engineer.
32
104.08
104.08 the Project, and he shall repair or make good any such damage in a manner satisfactory to the Engineer and without cost to the Authority. It shall be the responsibility of the Contractor for the Work covered by these Specifications to acquaint himself with the ongoing status and progress of all contracts in the vicinity of his work in order that his operations can be properly scheduled to secure completion of the project in general harmony and in a satisfactory manner. The Contractor shall coordinate his lane closing requirements with those of the other Turnpike contractors in the vicinity.
33
104.08
104.08
The Contractor shall submit shop and working drawings to the Engineer for his review. These drawings will be examined and marked "No Exception Taken," "Make Corrections Noted," "Amend and Resubmit" or "Rejected." Any drawings marked with other than "No Exception Taken" will be returned for correction as promptly as the conditions will permit, and shall be resubmitted for further review, prior to commencing work affected by such drawings unless authorized by the Authority. Final review will occur when a drawing has been marked No Exception Taken. The Contractor shall order no materials and do no work relating to said drawings before their final review. The carrying out of the work or the ordering of materials before the final review of the drawings may constitute a cause for rejection of such work or materials. No deviations from shop or working drawings marked "No Exception Taken," shall be made without the written consent of the Engineer. All shop and working drawings shall be submitted by the Contractor. Direct submittal by a subcontractor or a supplier will not be accepted. The closing of lanes for construction will not be permitted before the Engineers final review of all shop and working drawings for work to be performed. All shop drawings required for work to be performed in a specific lane(s) closing shall have the Engineers final review prior to the placement of any traffic protection and the closing of the lane(s), with the exception of approved lane closings for measurements. Each shop and working drawing shall have a title box, located in the lower right hand corner of the drawing. The title box shall display the following: Number and title of the drawing Date of drawing or revision Name of project and contract number Name of Contractor or subcontractor preparing drawing Clear identification of contents and location of the work Contractor's approval stamp Each shop and working drawing shall have a blank area, five inches by five inches, located adjacent to the title box. Shop drawings, working drawings, catalog cuts and other Supplemental information shall be transmitted to the Engineer accompanied with the following prescribed form: SHOP DRAWING TRANSMITTAL FORM TO: CONTRACT NO. _______________ DATE _________ JOB LOCATION _______________________________ We are sending you ____________ herewith ( ) under separate cover ( ) by messenger ( ). The Contractor will be provided information concerning the addressee for shop and working drawings at the pre-construction meeting. It is expressly understood that the review by the Engineer of the Contractor's shop and working drawings relates solely to conformance with design Plans and Specifications. The fact that no exceptions are taken shall not relieve the Contractor from responsibility for errors in dimensions and elevations. Lack of exceptions taken by the Engineer does not constitute an order for a change in the Contract requirements.
100-30
34
104.08
104.08 Three (3) prints of each shop and working drawing, including data sheets, reinforcement bar lists, brochures, catalogs, etc., shall be submitted to the Engineer for review. If prints are returned for correction, three (3) prints shall again be submitted until no exceptions are taken by the Engineer. Six (6) prints of all shop and working drawings marked "No Exception Taken" and related data sheets shall be subsequently furnished to the Engineer for distribution. Upon completion of the Project, the Contractor shall deliver to the Authority one complete set of all shop and working drawings, as directed by the Engineer, on good quality drafting film with fully-legible and reproducible lines, figures and letters, acceptable to the Authority, and as electronic (AutoCADD) format. The process used in making reproductions shall be subject to the approval of the Engineer. Shop and working drawings on drafting film, whether original tracings or reproductions thereof, shall be suitable for use in making fully legible prints by the ozalid or other similar contact printing process. The shop and working drawings shall be 22" x 36" or as directed by the Engineer. The Contractor has the option of utilizing electronic transmission and review procedures for the processing of shop drawings. At the preconstruction meeting, the Contractor shall indicate if the electronic submission of shop drawing is desired. If the Contractor chooses to submit any shop drawings by electronic means, the Contractor shall submit to the Engineer in writing a detailed procedure describing the methods by which the electronic shop drawing review process will be conducted. The written procedure shall address the responsibilities for each of the participating review entities, including the Engineer, Design Engineer, Fabricator and Contractor. The written procedure shall describe the software to be used for the transmission and viewing, the means of annotating the drawings, and the method for transferring and transmitting comments. Electronic shop drawing files shall be submitted in either Tagged Image File (TIF) or Portable Document File (PDF) formats. The entire electronic shop drawing submission and review procedure must be approved by the Engineer prior to implementation and submission of electronic shop drawing submissions. In order to employ full electronic transmission of shop drawings, a mutually agreeable access site must be available to all the participating review entities. If an agreeable site is not accessible to all the parties involved, file transfer by electronic mail may still be used, but the conventional shop drawing submission and review procedures described in Subsection 104.08 shall be abided by for those entities unable to access the electronic transfer of shop drawings. Regardless of the transfer or viewing methods used, the Contractor is responsible for the proper submission of shop drawings to the Engineer for distribution. Prior to the submission of electronic shop drawings, the Contractor shall obtain, in a format compatible with the shop drawing files, an electronic version of all shop drawing review stamps for insertion into the electronic drawings. Subject to the approval of the Engineer, a mutually agreed upon software may be utilized to annotate the electronic shop drawings; otherwise, the traditional means of shop drawing reviews shall be employed. All shop drawing submissions, electronic or otherwise, require Contractor approval prior to forwarding to the Engineer. A transmittal form shall accompany each electronic submission. The submission of electronic shop drawings shall be sent to the Engineer and subject to the approval of the Engineer, group e-mail address may be used to allow for concurrent reviews. The Engineer will be responsible for returning all comments to the Contractor. Comments may be annotated on the drawings, described in detail in text format, or a combination of the two methods. Hard copies of all the final approved shop drawings, with the appropriate approval stamps and original signatures, must be submitted to the Engineer, including shop drawings submitted electronically for review and approval.
100-31
35
104.09
104.09 The cost of preparing and furnishing shop and working drawings as described in this Subsection shall be included in the prices bid for the various scheduled pay items in the Proposal which are pertinent to the particular work to which such drawings apply.
CONSTRUCTION LAYOUT .............................................................LUMP SUM Construction Layout shall include furnishing and setting the points, furnishing all engineering and surveying personnel, equipment, materials, and all else incidental thereto.
100-32
36
104.10
104.10 Monthly or other payments on account for this item will be made pro rata as the value of all contract work completed at the time of such payments bears to the total value of the Contract. If no item for Construction Layout is provided in the Proposal, then the cost to the Contractor of laying out the work shall be included in the prices bid for the various items scheduled in the Proposal.
104.10 Mobilization.
The Contractor shall furnish all preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site and mobilize all required plant and equipment necessary for initiating and concluding the Contract and may include such portions of the following as are required at the beginning and end of the Project: Setting up at the Work site, the Contractor's general plant, offices, shops, storage areas, sanitary and other facilities as required by the Specifications, by local or state law, or by regulation, the subsequent demobilization and removal from the site of said equipment, appurtenances and the like upon completion of the Work. Payment will be made under: PAY ITEM PAY UNIT
MOBILIZATION ..............................................................................LUMP SUM Payment will be made in accordance with the following schedule: When five percent of the Work is completed, 25 percent of the lump sum bid for mobilization or 2.5 percent of the Total Contract Price, whichever is less, will be paid. When ten percent of the Work is completed, 50 percent of the lump sum bid for mobilization or five percent of the Total Contract Price, whichever is less, will be paid. When 15 percent of the Work is completed, 75 percent of the lump sum bid for mobilization or 7.5 percent of the Total Contract Price, whichever is less, will be paid. When 20 percent of the Work is completed, 100 percent of the lump sum bid for mobilization or ten percent of the Total Contract Price, whichever is less, will be paid. When all Work on the Project is complete, payment for the lump sum bid for mobilization in excess of ten percent of the Total Contract Price will be made as per Subsection 108.05 provided that the demobilization of all the Contractors Plant and Equipment is completed to the satisfaction of the Engineer. The percentage of Work completed shall be the total of payments earned compared to the Total Contract Price. The total of payments earned excludes the amount paid for this item and the amount of remaining unpaid partial payments for work and materials in accordance with Subsection 108.03. Partial payments may reduced by an amount determined by the Engineer if, in his determination, the plant equipment at the site (other than construction equipment for which payment is included in the various contract items) is insufficient or is not suitable for the performance of the work or, the plant and equipment brought on the Project Site and committed to the work are removed from the Project without permission of the Engineer. In the event of a reduction in partial payments, the remainder of the partial which are unpaid at the date of such reduction, will be paid with subsequent progress payments as and when the conditions are rectified. 100-33
37
104.11
104.11
The lump sum price bid in the Proposal for mobilization shall not exceed the following: Total Price, Including Mobilization More Than To and Including 0 $ 200,000 $ 200,000 More than $ 1,000,000 $ 1,000,000 Maximum Lump Sum Bid for Mobilization Item* 10% of total price $20,000 plus 7.5% of amount $80,000 plus 5% of amount in excess of $1,000,000.
*Note: In the event the Contractor's lump sum price bid for mobilization exceeds the above amounts, the excess will not be paid until the final payment.
No additional payment will be made for demobilization and remobilization due to shutdowns, suspensions of the work, or for other mobilization activities. If no item for Mobilization is provided in the Proposal, then the cost of furnishing, mobilizing and demobilizing said plants and equipment shall be deemed included in the prices bid for the various items scheduled in the Proposal. Included in the cost of mobilization will be the maintenance of the continuity of the project area fencing. This will be done in accordance with the requirements of Section 511 - Fencing. Temporary fencing shall be Temporary Orange Plastic Fence furnished and erected in accordance with Section 211. The Contractor will erect, relocate temporary fencing and maintain, at all times, complete perimeter closure of the project work areas. The fence installation operation shall be carried out as expeditiously as possible, and the right-of-way shall be temporarily secured when the work is unattended. At the completion of the project when all right-of-way has been secured by permanent fencing, the temporary fencing shall be removed as directed by the Engineer. The location of the temporary fencing shall be subject to the Engineer's review. If so ordered by the Engineer, the Contractor shall provide additional temporary fencing or relocate previously erected fencing in order to obtain satisfactory project perimeter security. Gates shall be provided at truck entrance points off local roads, if approved by the Engineer. No separate payment will be made for railroad grade crossings. Unless there is a separate pay item in the proposal, all costs associated with any required railroad grade crossing necessary to gain access to the job site are the responsibility of the Contractor and shall be included under the lump sum bid price for Mobilization.
38
104.11 Duration per Day for a Person (Hours) 2 1 1 or less Sound Level DB(A) 100 102 105 110 115
104.12
100-35
39
104.12
105.01
40
105.02
105.03
100-37
41
105.04
105.04 The Contractor shall, unless specified otherwise, provide the necessary facilities for taking samples, or shall furnish samples and shall deliver them to the Laboratory or elsewhere as the Engineer may direct. Samples shall be prepared by the Contractor for testing, if so required. Unless otherwise specifically provided, materials will be tested in accordance with the current methods of AASHTO, ASTM, ANSI, FSS or as otherwise specified or applicable. Unless otherwise specifically provided, the cost of testing materials which are approved will be borne by the Authority. The cost of testing materials by the Contractor's Quality Control System shall be borne by the Contractor and shall be included in the Contractor's bid prices for the applicable items being tested. The cost of testing materials which are rejected will be borne by the Contractor; said cost will be deducted by the Authority from monies which are due or will become due to the Contractor. Mill certificates attesting to chemical analyses and mechanical tests performed on reinforcement steel and structural steel by the steel manufacturer shall be submitted to the Engineer, or to a testing agency designated by him, for review prior to fabrication and delivery of steel. Nothing in this Subsection shall be construed to limit the right of the Engineer to order special inspections, tests or approvals. Manufacturers supplying pipe under the Contract shall provide all facilities necessary to carry out the tests required by the Specifications, at their own expense. Certain materials as specified will be accepted on the basis of Certifications of Compliance in accordance with Subsection 105.04. The required number of samples and rate of sampling or Certifications of Compliance for the various materials shall be as specified in the respective methods of test or in the Subsections applicable to that particular material or Pay Item. Additional samples shall be required, whenever in the opinion of the Engineer, additional tests are required to determine the quality and suitability of materials for their respective uses. If soil materials are obtained by dredging, the Contractor shall provide safe and adequate water transportation for the Engineer to and from the dredges or other boats and shall cooperate with the Engineer in every reasonable way to expedite inspection and sampling of the materials. Positive and negative pay adjustments for asphalt and concrete, as defined in Division 900, are Awarded to encourage high quality construction and, when necessary, to recoup the anticipated extra costs to the Authority resulting from poor quality materials used in construction. The manner in which positive and negative pay adjustments are to be shared by the prime Contractor and Subcontractors or Producers is to be negotiated by the affected parties. A letter signed by both parties, stating that an agreement has been reached between the parties, shall be provided by the Engineer before commencement of Work. Nothing contained herein shall create right of action either in law or equity against the Authority.
42
105.05
105.06 be subject to rejection whether in place or not. The Contractor shall require the manufacturer or supplier to furnish the required copies of Certificates of Compliance with each delivery of materials, components and manufactured items that are acceptable by certification. Copies shall be furnished to the Engineer as required, and one copy shall be retained by the Contractor. Certificates of Compliance shall contain the following information: Project to which the material is consigned. Name of the Contractor to which the material is supplied. Kind of material supplied. Quantity of material represented by the certificate. Means of identifying the consignment, such as label marking, seal number, etc. Date and method of shipment. Statement that the material has been tested and found in conformity with the pertinent Contract requirements stated in the certificate. Signature of a person having legal authority to bind the supplier. Signature attested to by a Notary Public or other properly authorized person. Payments relative to materials specified to be accepted on the basis of Certificates of Compliance shall not be made until the Engineer has in his possession an acceptable Certificate of Compliance.
43
105.07
105.08 shall be attached to the Certificate of Compliance for those materials for which mill test reports are required and shall clearly identify the lot to which they apply. Structural materials requiring mill test reports will be accepted only from those foreign manufacturers who have previously established the adequacy of their in-plant quality control to assure delivery of uniform material in conformance with Contract requirements to the satisfaction of the Engineer. Adequacy of quality control shall be established, at the option of the Engineer, by either submission of detailed written proof of adequate control, or through an in-plant inspection by the Engineer or his representative. Travel and subsistence costs incurred by the Authority's representative for the performance of such in-plant inspection shall be reimbursed by the Contractor. Foreign materials will not be accepted which cannot be identified with mill test reports and Certificates of Compliance, as applicable.
100-40
44
105.08
105.11
100-41
45
105.12
106.02 When the Contractor requests substitution of a brand, make of material, device or equipment, other than that or those specified as a basis of quality, workmanship, service and maintenance, he shall first thoroughly investigate his proposed substitution and certify to the Engineer, in writing, that said proposed substitution is equal to that specified. He shall include with said certification all required data, samples, reports and tests to substantiate his findings. Where color, color selections, sizes, space limitation, finished appearance, and other requirements may be a factor, these shall be considered. The Engineer will decide if such substitution is, in his judgment, equal to that specified; and if found to be so by him, may then be approved. The Engineer's decision will be final and binding to all parties.
100-42
46
106.02
106.02
100-43
47
106.03
106.04
100-44
48
106.04
106.04 fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure its completion within the Contract Time specified, or any extension thereof, or fails to complete the Contract within the Contract Time specified, as extended, or performs the Work unsuitably, or neglects or refuses to remove materials or to again perform such Work as may be rejected as unacceptable or unsuitable, or discontinues the prosecution of the Work, or fails to resume Work which has been discontinued within a reasonable time after notice to do so, or becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or allows any final judgment to stand against it unsatisfied for a period of ten (10) days, or makes an assignment for the benefit of creditors, or fails to acquire or maintain the required insurance, or fails to comply with Contract requirements regarding minimum wage payment, disadvantaged business enterprises, or equal employment opportunity requirements, or is a party to fraud, or for any other cause whatsoever, fails to carry out the Work in an acceptable manner, the Engineer will give written notice to the Contractor and Surety of such delay, neglect, or default, demanding the elimination of such cause for default. If the Contractor or Surety, within a period of ten (10) days after such notice, does not proceed in accordance therewith, the Chief Engineer has, upon written notification of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, full power and authority without violating the Contract, to declare the Contractor in default and notify the Contractor to discontinue the Work. The declaration of default will be in writing and given to the Contractor and the Surety. The Authority may appropriate any or all materials and equipment on the site as may be suitable and acceptable and may direct the Surety to complete the Contract or may enter into an agreement for the completion of the Contract according to the terms and provisions thereof with another contractor or the Surety, or use such other methods required for the completion of the Contract, including completion of the Work by the Authority. The Contractor and Surety are not relieved of the assessment of liquidated damages under Section 107.07 because of the Contractor's default. All costs and charges including, but not limited to, consultants and counsel fees incurred by the Authority, together with the cost of completing the Work, will be deducted from any monies due or that may become due to the Contractor and Surety. If such expense exceeds the sum which would be available from such monies, then the contractor and Surety shall be liable and shall pay to the Authority the amount of such excess. The rights and remedies of the Authority are in addition to any other rights and remedies provide by law or under the Contract and the Contract Bond. If a notice of termination for default has been issued, and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Subsection 106.03 Annulment of Contract. 100-45
49
106.05
106.07
Where the Authority's default of the Contractor pursuant to the provisions of this Section is found by a court to be legally improper, the Contract will be treated as if the Contract had been annulled pursuant to Subsection 106.03, and such annulment is to be compensated for in accordance with provisions of Subsection 106.03.
106.05 Forfeiture.
If the Contractor or any of his agents, employees, or representatives shall give, offer to give, or promise to give or pay, either directly or indirectly, any money, property, entertainment, or other valuable thing to secure the Award or execution of this Contract to any employee of the Authority or to any agents of the State Government for any reason, purpose, cause, or as an inducement, bribe, or reward for doing or omitting to do any act, or for showing any favor or disfavor in relation to the Contract, the making of such gifts, offer to give, inducement, or promise, shall constitute a violation of the Contract. Upon proof to the Authority of such violation, the Authority shall (i) terminate the Contract; (ii) take all legal action, as appropriate; and (iii) take any other lawful action deemed appropriate. The Contractor shall forfeit all monies paid to or deposited with the Authority and all monies due under the Contract.
100-46
50
106.07
106.07 Claims shall be filed with the Chief Engineer in quintuplicate, and will be ruled on by the Authority. Claims shall be submitted only by registered mail addressed to the Chief Engineer. No claim will be granted unless the Authority deems such claim to be just. Claims shall be filed promptly after submitting notification of an intention to file a claim. No claim for whatever reason will be considered by the Authority, and the Contractor hereby waives all claims submitted more than sixty (60) days after the event or occurrence giving rise to such claim, or more than thirty (30) days after the Project has been substantially completed in the opinion of the Engineer, whichever shall first occur. To facilitate the expeditious resolution of claims, the Contractor shall include the following documents and supporting data with each claim submitted:
100-47
51
106.07
106.07 The name, function, and activity of each Contractor or subcontractor official or employee or agent involved in, or knowledgeable about the facts that gave rise to such dispute. The specific provisions of the Contract which support the dispute and a statement of the reasons why such provisions support the dispute. The identification of any pertinent documents and the substance of any material oral communications relating to such dispute. A statement as to whether the additional compensation or extension of time, if requested is based on the provisions of the Contract, or is an alleged breach of contract. If an extension of time is also requested, the specific days for which it is sought and the basis for such request as determined by an analysis of the construction progress schedule. The amount of additional compensation sought and a breakdown of that amount into the categories specified in the Contract Documents. When submitting any dispute over $50,000, the Contractor must certify in writing, under oath and in accordance with the formalities required by the Contract, as to the following: That supportive data is accurate and complete to the Contractor's best knowledge and belief; That the amount of the dispute and the dispute itself accurately reflects what the Contractor in good faith believes to be the Authority's liability; If the Contractor is an individual, the certification shall be executed by the individual. If the Contractor is not an individual, the certification shall be executed by: The senior company official in charge at the Contractor's plant or location involved; or An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. The Contractor shall proceed with all Work, whether or not such Work is the subject of a pending claim, as directed and in accordance with the Contract Agreement, and shall not delay the Project progress in any way because of any pending, unresolved or denied claim. The Contractor expressly agrees to take all reasonable actions to mitigate the cost and schedule impacts of all events or circumstances giving rise to claims for additional compensation or extensions of time. If, within 30 days of receipt by the Contractor of the Authority's determination with respect to a claim, the Contractor fails to notify the Chief Engineer in writing that he disagrees with such determination, the Contractor shall be conclusively presumed to agree to and accept such determination. The Authority shall have the right to require, and the Contractor hereby agrees as a condition to the Authority's consideration of his claim to permit an audit, or other inspection by the Authority or its representatives of all books, records, costs, and any and all records and documentation that the Authority deems relevant to a determination of the alleged costs, damages or other impact to the Contractor, resulting from the facts and circumstances giving rise to such claim.
100-48
52
106.08
106.10
The provisions of this Article shall not apply to claims arising out of the operations of Subsection 107.08. Attention is directed to the provisions of Subsection 104.04, regarding limitation of increase and reduction of quantities of scheduled items.
53
106.11
106.12 Resources of his intended work. If the waterway is not navigable, he shall notify the Engineer and the Division of Water Resources only. The Contractor shall procure all necessary permits for such work from the above named agencies, having jurisdiction and interest and shall comply with their rules and regulations in the performance of the above mentioned work. Prior to submitting a bid based on utilizing hydraulically procured soil aggregate materials, Bidders shall assure themselves that the State Department of Environmental Protection will issue a permit to dredge such materials. Sales or services supplied to or purchased by the New Jersey Turnpike Authority are exempt under N.J.S.A. 54:32B-8 et seq., from the State of New Jersey Sales and Use Tax (Tax Exempt No. 22-6002951). Also, sales made to Contractors, subcontractors or repairmen of materials, supplies or services which are to be incorporated into the completed Work are exempt from the State of New Jersey Sales and Use Tax. The exemption provided under N.J.S.A. 54:32B-8 is conditioned on the person seeking such exemption to qualify therefore pursuant to the rules and regulations and upon the forms prescribed by the New Jersey Division of Taxation. The required form, "Contractor's Exemption Purchase Certificate: (Form No. ST-13), can be obtained by writing or calling the New Jersey Division of Taxation, Tax Information Services (TIS), West State and Willow Streets, Trenton, New Jersey 08625. All Contractors, subcontractors, or repairmen are required to abide by any amendment and/or revision to the State of New Jersey Sales and Use Tax, without any right of recourse against the New Jersey Turnpike Authority.
54
106.13
106.15
The Contractor shall be responsible for the prompt and continuous satisfactory removal and cleaning of dirt spillages and other materials that have been spilled, washed, tracked or otherwise deposited on streets, drains, inlets, shoulders, curbs, gutters, and other areas in use by the public and the Authority for the duration of the Contract. The Contractor shall undertake all necessary precautionary measures, and shall employ mechanical sweepers or any other approved cleaning devices necessary to comply with these requirements. The Contractor shall employ the necessary means to control the dust as provided under Subsection 104.12. Fires will not be permitted on or adjacent to the Turnpike property. At all times, the Contractor shall keep the construction site in a neat and orderly condition to the satisfaction of the Engineer. The Contractor shall make a daily cleanup of all trash including all papers, containers, wrappings, waste construction materials, etc., originating from the operations of the Contractor or his subcontractors.
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106.18 The Contractor shall take all reasonable precautions to prevent forest fires and shall require his employees and subcontractors, both independently and at the request of Forestry officials, to do all reasonably within their power to prevent and assist in preventing forest fires and to make every possible effort to notify a Forestry official at the earliest possible moment of the location and extent of any fire seen by them.
106.18 Utilities.
Except as otherwise specifically provided, the Contractor shall be responsible for the safety, protection, maintenance and final restoration, to as useful, safe and durable a condition as existed prior to construction, of all surface and subsurface utilities (together with all parts and appurtenances thereof), facilities, streets, waterways, structures, and other properties at or near the site. Within the site of the Project there may be Authority, private and/or public utility facilities, and notwithstanding any other clause or clauses of the Contract, the Contractor shall not proceed with any ground intrusive activities until it has notified the State's One Call System and complied with the State's Underground Facility Protection Act. The One Call System can be reached by calling 1-800-272-1000. Before the beginning of any ground intrusive activities, the Contractor shall provide the Engineer with the New Jersey One Call System confirmation number or a copy of the New Jersey One Call System markout ticket. The Contractor is responsible for confirming that all the utilities listed on the New Jersey One Call System markout ticket and the plans have been marked out prior to beginning ground intrusive operations. The Contractor shall carefully locate the marked out facilities, in accordance with the State's Underground Facility Protection Act, in the work area and conduct his operations so as to avoid any damage to them. The Contractor shall notify the owners/operators of utilities or other properties well in advance of the time that he proposes to perform any work which would endanger their facilities or property, and shall cooperate with the owners/operators in protecting their facilities and property during construction operations. The Contractor shall permit the operators of utilities and personnel engaged by them, access to the site of the work at all times in order to protect or relocate their facilities, and he shall cooperate with them in performing this work. Unless otherwise specifically stated in the Contract Documents, the Contractor shall be responsible for the continuity of service of all overhead, surface and subsurface utilities affected by his operations and shall maintain them in a safe and satisfactory operating condition. 100-52
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106.18
106.18
In the event a facility is damaged, the Contractor shall immediately notify the utility owner/operator in accordance with the State's Underground Facility Protection Act and at his own expense, he will make good any direct or ancillary damage that occurred in the course of construction to any utility facility or property or any other property through or by reason of the prosecution of this work. The affected utility owner/operator/property owner will solely determine the method of restoration to the damaged facility or property and the application of any reimbursement costs and/or ancillary damages. The liability of the Contractor under this covenant is absolute and is not dependent upon any questions of negligence on his part or on the part of his agents, servants, employees, subcontractors, or suppliers, and the neglect of the Engineer to direct the Contractor to take any particular precaution or to refrain from doing any particular thing shall not excuse the Contractor in any case of any such damage.
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106.19
106.19 All Electrical and Communication Division assets damaged or destroyed by contract operations shall be expeditiously repaired or replaced by the Contractor at no cost to the Authority.
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106.19
106.19 from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before acceptance and shall bear the expense thereof. However, the Contractor shall not assume the risk for damage to the work due to acts of war. Where necessary to protect the work or materials from damage the Contractor shall, in furtherance of the above paragraph but not by way of limitation, at his expense provide suitable drainage for the Project and erect such temporary structures as are necessary to protect the work or materials from damage. The risks for failure to take such actions are assumed by the Contractor. In case of suspension of Work from any cause whatever, the Contractor shall continue to be responsible for the Project as provided above and shall take such precautions as may be necessary to prevent damage to the Project, provide for drainage, and shall erect any necessary temporary structures, signs, or other facilities. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under this Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. If ordered by the Engineer, the Contractor shall properly store during such suspension of work materials which have been partially paid for by the Authority or which have been furnished by the Authority, on behalf of the Authority. At all times, The Authority shall be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the Engineer. The Contractor shall be solely responsible for the loss or damage to such materials.
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106.20
106.20 The Contractor shall indemnify and save harmless the Authority, and the Authority's agents, against all claims described in Subparts (B), (C), and (D) above, and for all expenses incurred by the Authority in the defense, settlement or satisfaction thereof, including expenses of attorneys. If so directed, the Contractor shall at his own expense defend against such claims, in which event he shall not without obtaining express advance permission from the Authority raise any defense involving in any way jurisdiction of the tribunal, immunity of the Authority, governmental nature of the Authority, or the provisions of any statutes respecting suits against the Authority. The provisions of this Subsection shall also be for the benefit of all officers, agents, and employees of the Authority so that they shall have all the rights which they would have under this Subsection if they were named at each place above at which the Authority is named, including a direct right of action against the Contractor to enforce the foregoing indemnity, except, however, that the Authority may at any time in its sole discretion and without liability on its part cancel the benefit conferred on any of them by this Subsection. Neither the acceptance of the Project by the Authority nor the making of final payment shall constitute a release of the Contractor from any liabilities arising under this Subsection. Moreover, neither the enumeration in this Subsection nor the enumeration elsewhere in the Contract of particular risks assumed by the Contractor or of particular claims for which he is responsible shall be deemed: (a) to limit the effect of the provisions of this Subsection or of any other provision of the Contract relating to such risks or claims, (b) to imply that he assumes or is responsible for risks or claims only of the type enumerated in this Subsection or in any other provision of this Contract, or (c) to limit the risks which he would assume or the claims for which he would be responsible in the absence of such enumerations. The Contractor expressly understands and agrees that any insurance protection required by the Contract, or otherwise provided by the Contractor, shall in no way limit the Contractor's responsibility to defend, indemnify, and save harmless the Authority as herein provided. Such insurance requirements are designed to provide greater assurance to the Authority that the Contractor will be financially able to discharge his obligations under this Subsection and as to the risks assumed elsewhere in the Contract and shall not in any way be construed as a limitation on the nature and extent of such obligations.
106.20 Insurance.
The Contractor shall procure and maintain, at its own expense until acceptance by the Authority of the project, insurance for liability for damages imposed by law and assumed under this contract, of the kinds and in the amount hereinafter provided. All insurance companies must be authorized to do business in the State of New Jersey, and must carry an A.M. Best Rating of A-VII or better. Before commencing any services hereunder, the Contractor shall furnish to the Authority a certificate or certificates of insurance (together with declaration pages if requested by the Authority) in form satisfactory to the Authority showing that it has complied with this article. The certificate or certificates and declaration pages shall provide that the policies shall not be canceled or restrict any coverage until 30 days prior written notice has been given the Authority. All certificates and notices of cancellation of change shall be mailed to: Director of Law, New Jersey Turnpike Authority, P.O. Box 5050, Woodbridge, NJ 07095-5050. Upon request, the Contractor shall furnish the Authority with a certified copy of each policy itself, including the provision establishing premiums. In the event that the Contractor fails or refuses to renew any insurance policy required to be maintained herein, or if such policy is canceled or modified so that the insurance does not meet the requirements contained herein, the Authority may refuse to make payment of 100-56
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106.20
106.20 monies due under this Contract. The Authority in its sole discretion may use such monies to purchase insurance on behalf of the Contractor. The types and minimum limits of insurance shall be:
This policy shall name the Authority, its officers, employees and agents as additional insureds. The coverage to be provided under this policy shall be at least as broad as the standard basic unamended and unendorsed commercial general liability policy. This insurance policy shall include, Personal Injury, Broad Form Property Damage, Contractual Liability including the deletion of the coverage restriction related to work conducted within fifty (50) feet of a railroad, products, completed operation, X.C.U., and independent contractors coverages. With respect to products, completed operations coverage shall remain in force for a period of two (2) years following the completion and/or termination of the contract.
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106.20
106.20
The policy shall name the Authority, its officers, employees and agents as additional insureds.
This policy shall name the Authority, its officers, employees and agents as additional insured.
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106.20
106.20
(3)
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106.21
106.22
64
106.23
106.24 remaining Work with the specified methods and equipment. The Contractor shall remove the deficient Work and replace it with Work of the specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the Pay Items involved or in Contract Time as a result of authorizing a change in methods or equipment under this Subsection.
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107.01
107.03 Authoritys SBE goals for this Project. Failure to complete and submit this Form will be cause for rejection of your Proposal. In the event that the Bidder cannot meet the above mentioned SBE participation goals set for this contract, Authority Form entitled SBE Unavailability Certification, which is included in the proposal and attached to Appendix X, must also be completed and submitted. The Bidder must demonstrate to the Authoritys satisfaction that a genuine good faith effort has been made to meet this percentage. For the aforementioned reasons, all contractors must meet all requirements as set forth in the Authoritys SMALL BUSINESS ENTERPRISE SUBCONTRACTORS AND SET ASIDE PROGRAM FOR CONSTRUCTION CONTRACTS bound hereinafter as Appendix X. To allow the Authority to monitor and report SBE participation during the course of the Contract pursuant to N.J.A.C. 17:14-5.2, the Authority form entitled SBE-Certificate of Participation shall be completed by the Contractor and attached to each Certificate for Payment to Contractor that is submitted for payment in accordance with Section 108. Certificates for Payment submitted without the completed SBE Certificate of Participation Form will not be processed. If the Contractor, for any reason, at any time during the course of the Contract, intends to make any additions, deletions or substitutions to the list of firms on the SBE Schedule of Participation form submitted to the Authority, the Contractor shall notify the Authority in writing of such proposed changes and shall submit a revised SBE Schedule of Participation form from Appendix X to the Authority for each such proposed change. Any such proposed changes must comply with the requirements and procedures set forth in Appendix X.
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107.03
107.04
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107.04
107.04 progress schedule must be in the form of a network diagram. Construction operations shall not begin until the partial schedule has been approved. The Contractor shall furnish for approval, within thirty (30) calendar days after the date of execution of the Contract by the Authority, a complete progress schedule showing the order in which the Contractor proposes to prosecute the work, the dates on which the Contractor shall start the various work stages, operations and principal items of work including procurement of materials and plant, the quantity and kinds of equipment and character of the labor force and the contemplated dates for completing the same. The progress schedule shall clearly outline the intended maintenance of traffic, pollution control measures and such other information as required by the Contract Documents, or as deemed appropriate for the Project. The Engineer will not process a "Certificate for Payment to Contractor" until the complete progress schedule has been approved. Ten (10) working days will be required for review and comment on each progress schedule submission for projects having a duration of two (2) years or less with two (2) additional working days for each year or part thereof in excess of two (2) years. Once the progress schedule has been approved by the Engineer, the Contractor shall not deviate from the logic, interim milestones or contract completion date contained therein without the approval of the Engineer in writing.
(A) STAGING.
The Contractor shall schedule the Work using such procedures and staging as may be specified in the Contract Documents. Such procedures and staging depict a general sequence of the Work and are not intended to show each and every element of the Work. The Contractor is responsible for preparing a progress schedule which identifies all elements of the work. Work designated as part of separate stages may be performed simultaneously, where provided by the Contract Documents or where approved. When the Contract Documents provide for staging or specific procedures, the Contractor may, prior to submitting a progress schedule, present for written approval of the Engineer, a detailed, written alternate staging plan or procedure which incorporates the requirements of the Authority. As a condition of the Engineer's reviewing the alternate staging plan or procedure, the Contractor agrees that Contractor is not entitled to additional contract time or compensation arising from possible delays to construction due to the time spent in reviewing the Contractor's alternative staging plan or procedure, regardless of whether the Authority accepts or rejects it. If such staging plan or procedure is approved in writing, the Contractor shall then prepare a progress schedule consistent with the approval.
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107.04
107.04 Work which closes or alters the use of existing roadways; the construction of subsurface structures; structure excavation; demolition work; and other Contractor operations adjacent to traffic lanes shall not be undertaken until adequate provisions, conforming to the requirements of Division 800, have been made by the Contractor and approved. The Engineer may revise construction staging and maintenance of traffic, if deemed necessary, due to unforeseen circumstances which may arise during construction. Compensation for additional expense to the Contractor and allowance of additional time for completion of the work shall be as set forth in a Change Order or Supplementary Agreement or in accordance with Subsections 107.06 and 108.04.
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107.04
107.04 craft), anticipated quantity of equipment to be used (by type), the dates when materials are to be delivered and a forecast of lane closings. Lane closing information shall be prepared and transmitted to the Engineer in the prescribed form, a sample of which is included in Division 800. The progress schedule shall be one of the following dependent on whether the progress schedule is a Pay Item or not. (1) When the Progress Schedule is a Pay Item. The progress schedule shall be prepared by the Critical Path Method (CPM) utilizing Primavera Project Planner software with Primavision (Primavera Project Planner and Primavision are U.S. registered trademarks of Primavera Systems, Inc., Bala Cynwyd, PA, Ph (800) 423-0245) conforming with the requirements hereinafter prescribed. The network shall include, as a minimum, one activity for each discrete component part of each Pay Item scheduled in the Proposal. The Engineer may allow grouping of similar Pay Items. The system shall consist of network diagrams and accompanying mathematical tabulations as described hereinafter. (a) Logic Diagram. The diagrams shall show the order and interdependence of activities and the sequence and quantities in which the work is to be accomplished. The basic concept of Precedence Diagramming Method (PDM) network scheduling shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and how its completion may affect the start of following activities. No activity duration shall be longer than 20 working days without prior approval. The critical path shall be distinguished from other paths on the network. The logic diagrams shall be banded by major work areas (including one band for procurement). It shall include the following: Activity description Activity duration(work days) Critical path denoted Numerical event nodes Slack or float for each activity Work days calendar which extends for the length of the Contract plus 25 percent additional time In addition to construction activities, network activities shall include the submittal and approval of samples of materials and shop and working drawings, and the fabrication of special materials. It shall include all documents and proofs of compliance required by the Contract Documents for Final Inspection and Acceptance of the work. All activities of the Authority that affect progress and any special Contract required dates shall be shown. The Contractor shall schedule his work in accordance with the Lane Closing restrictions specified in Division 800. (b) Mathematical Tabulations. The mathematical tabulation of the network diagram shall include a tabulation of each activity shown on the detailed network diagram. 100-66
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107.04
107.04
The information tabulated below shall be furnished as a minimum for each activity. All submittals and updates shall consist of three hard copies of the reports described below and one set of IBM compatible data diskettes. The diskettes shall be 3.5 inches, 1.44 MB, high density, using operating system MS-DOS version 3.3 or higher format. Numerical even nodes Activity description Activity duration(work days) Earliest start date(calendar date) Earliest finish date(calendar date) Latest start date(calendar date) Latest finish date(calendar date) or float for each activity Quantities involved on each activity based on Contractor's intended start and completion dates Critical path activities denoted Work days calendar which extends for not less than the length of the contract plus two months Lead or lag type and duration (negative leads or lags are not permitted) This mathematical tabulation shall be in the form of computer generated reports. Computer generated reports, in the following sorts, shall be provided by the Contractor: Activity Number from lowest to highest (with predecessors and successor, leads and lags) Total Float, from lowest to highest, then by Early Start Area code, then by Early Start Traffic Impact Code, then by Early Start 60 days look-ahead sorted by Area, then by activity number (with updated line) (c) Holidays. In preparing his mathematical tabulation, the Contractor shall use a single 5day work week calendar including the following ten holidays: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day
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107.04
107.04 The Contractor is responsible for determining his actual schedule for the work, including actual days, holidays and extended non-work periods, if any, consistent with all requirements and conditions of the specification. Nothing herein shall be construed as advising or directing the Contractor which holiday(s) or extended non-work period(s) are to be taken in the performance of this contract. An extended non-work period is any period longer than a weekend or single holiday in which the Contractor shall not work on certain activities, such as a winter shutdown. Extended non-work period(s) shall be clearly identified as such in the activity description, and explained in the narrative report. The purpose of the extended non-work period(s) shall be clearly defined and subject to the Engineer's approval. Extended non-work period(s) shall be indicated as required by the use of an activity(ies) to denote each extended non-work period(s). Work activities that shall not be performed during extended non-work periods shall be restrained to finish before, or start after, the extended non-work period activity(ies). (d) Narrative Report. In addition to the mathematical tabulations, the Contractor shall submit with the schedule network, a narrative report describing the Contractor's approach to performing the work and stating any assumptions made by the Contractor in preparing the schedule. The narrative report shall also include a description of the critical path through the network. (e) Updating. The Contractor shall update the mathematical tabulation on a monthly basis. On the day the monthly or semi-monthly Partial Payments are prepared, the Contractor shall provide the Engineer with three (3) updated hard copies and schedule data on 3.5 inch diskette(s). Network diagrams shall be submitted with the tabulation if there are any proposed revisions to network logic, interim milestones or contract completion. The updated tabulations shall reflect the current status of activities as outlined on the baseline network diagram. If any delays have occurred, these shall be noted for item consideration. The updated tabulation reports shall reflect all changes in dates, durations and float time. During the month, utilizing the previous month's 60 days look-ahead report, the Contractor shall record the percent complete and start and/or completion dates of each scheduled work activity. On a day each month, at least one week prior to the monthly progress meeting, the Contractor shall meet with the Engineer to tour the site and review update information gathered by the Contractor during the month. After approval of the Contractor's update data by the Engineer, the Contractor shall use this information to update its mathematical tabulations. The updated mathematical tabulation shall include the following data for each activity: Actual start date(for started activities) Actual finish date(for completed activities) Percent complete Current early start date (for not started activities) Current early finish date (for uncompleted activities) Current total float Critical path activities noted
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107.04
107.04 The updated schedule shall consist of the same reports specified under the section "Mathematical Tabulation." The Contractor's update shall include a narrative report which shall describe current status of the project, progress for the period, a description of the critical path, a discussion of current or potential delays, change orders (pending or approved), or other problems. If applicable, a discussion of proposed revision to network logic or activity durations shall be included in the narrative. (f) Network Revisions. Conditions may develop which require revisions to logic or durations of the original diagram. If, during the progress of the work, events develop which necessitate changes in the original plan, the Contractor shall make such changes so as to depict the current mode of operation, and shall provide the Engineer with a revised network diagram. Any revision to the original logic must be approved by the Engineer. After approval, logic revisions will be incorporated into the schedule and will be addressed in the monthly narrative report by means of both, a description of the revision, and a listing of those network elements affected by such change. This listing will include the following, when applicable: Addition and deletion of activities Addition and deletion of relationships Changes to activity descriptions and durations Changes to relationship types and lag codes Changes to contract milestone dates and approved constraint dates All other revisions to the network logic (g) Change Orders, Delays, and Time Extensions. When a change order(s) is (are) proposed by the Authority or the Contractor or delays are experienced, the Contractor shall submit a Time Impact Analysis (TIA) illustrating the influence of each change order or delay on any specified intermediate milestone date(s) and/or contract completion date. Each TIA shall include a sketch (fragnet), demonstrating how the Contractor proposes to incorporate the change or delay into the current Schedule. The fragnet will include all logic changes and additions required as a result of said change order(s) and/or delay. This fragnet will show all CPM logic revisions for the work in question and its relationship to other activities in the network plan. Additionally, the analysis shall demonstrate the time impact based on the date that the change was given to the Contractor, the status of construction at that point in time, and the activity duration of all affected activities. The activity duration used in this analysis shall be those included in the latest update of the Schedule, closest to the time of delay or as adjusted by mutual agreement. Each Time Impact Analysis shall be submitted within twenty (20) calendar days after a delay occurs, or a notice of change or change order is given to the Contractor. In cases where the Contractor does not submit a Time Impact Analysis for a specific change or delay within the specified period of time, the Contractor expressly waives its rights to make any claim for such change or delay, and it shall be mutually agreed that no time extension is required. No Time Impact Analysis need be submitted if the change or change order does not impact the completion or the completion date of the work, and it is agreed to by the Engineer.
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107.04
107.04 Final evaluation of each Time Impact Analysis by the Engineer shall be made within fourteen (14) calendar days after receipt unless subsequent meetings and negotiations are necessary. Adjustments in the contract time for performance shall be made only by written change order approved by the Authority as specified in Subsection 107.06. Upon approval by the Authority, fragnets illustrating the influence of changes and delays shall be incorporated into the current schedule by the Contractor during the first update after agreement is reached. The time difference between the Early Finish date and the Late Finish date is defined as "float." The "float" belongs to the Project and may be used by the Contractor or the Engineer to benefit the Project. Changes or delays that influence activities in the network with "float," and do not extend the Critical Path (the sequence of activities with zero days float), shall not be justification for an extension of Contract time for performance. (h) Recovery Schedule. In the event that the mathematical analysis indicates that the project has fallen 15 or more work days behind schedule, and there is no excusable delay or change to support a time extension, the Contractor shall prepare and submit a recovery schedule for approval by the Engineer. The Contractor shall revise logic and/or durations to cause the mathematical analysis to show the project on schedule. The Contractor shall provide additional manpower, equipment or materials; or work additional shifts, expedite procurement to complete activities within the approved intermediate or contract completion dates at no additional cost to the Authority. Upon approval of the recovery schedule by the Engineer, the Contractor shall incorporate the recovery schedule into the current schedule. Measurement. Payment for the accepted progress schedule will be made on a lump sum basis for the schedule completed as specified, including all necessary updating. Twenty-five percent of the lump sum bid will be paid upon approval of the initial submission, with the balance paid upon approval of updates at a prorated sum based upon the number of anticipated updates to be submitted during the Contract Time. Payment. Payment will be made under: PAY ITEM PAY UNIT
(i)
(j)
PROGRESS SCHEDULE .............................................LUMP SUM If the progress schedule is not approved, regardless of type specified, the Contractor shall make revisions as required and resubmit such schedule until approved. The Engineer will not process any partial payments as specified under Subsection 108.03 until a satisfactory progress schedule and/or monthly update is approved by the Engineer. No claims shall be made by the Contractor against the Authority as a result of a delay in partial payments due to the late submission of an approved progress schedule by the Contractor.
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107.06
The progress schedule may be of the bar chart or similar type acceptable to the Engineer as to form and substance. The schedule shall be in a suitable scale as to indicate the percentage of work scheduled for completion at any time. The progress schedule shall include, as a minimum, one activity for each major Pay Item and/or stages included in the Project provided, however, that the Engineer may require and the Contractor shall provide for certain Pay Items, a breakdown of each discrete component part to be included in the Progress Schedule. The Contractor shall include in the progress schedule, or in a separate submission, a schedule of shop and working drawings submissions. The Contractor shall update the progress schedule when conditions have changed such to invalidate the current schedule. All costs for furnishing, revising as required and updating the progress schedule shall be included in the prices bid for the various pay items scheduled in the Proposal. If the progress schedule is not approved, regardless of type specified, the Contractor shall make revisions as required and resubmit such schedule until approved. The Engineer will not progress any partial payments as specified under Subsection 108.03 until a satisfactory progress schedule is submitted to and approved by the Engineer. No claims shall be made by the Contractor against the Authority, as a result of a delay in partial payments due to the late submission of an approved progress schedule by the Contractor.
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107.06
107.06 delay, or interrupt all or any part of the Work for such period of time as the Engineer may determine to be appropriate for the convenience of the Authority. If the performance of all or any portion of the Work is suspended, delayed, or interrupted by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry), and the Contractor believes that additional compensation or Contract Time or both are due as a result of such suspension, delay, or interruption, the Contractor shall submit to the Engineer in writing a request for adjustment within seven Calendar Days of receipt of the notice to resume Work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractors request. If the Engineer agrees that the cost or time or both required for the performance of the Contract have increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Engineer will determine and notify the Contractor whether or not an adjustment of the Contract is warranted. Adjustments in Contract Time will be made pursuant to this Subsection. Adjustments in compensation will be made pursuant to Subsections 106.07, 107.04 and Section 108. If the Contractor is delayed in completion of the Work by reason of changes made under Subsection 104.04 or by failure of the Authority or by any act of other contractors consistent with Subsection 104.07 or by any act of the Engineer or of the Authority not contemplated by the Contract, an extension of time commensurate with the delay in overall completion of the Contract thus caused will be granted, and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges. Additionally, the Contractor may be granted an extension of time for any portion of the delay in overall completion of the Contract work beyond the time provided in Subsection 107.04 caused by: Acts of civil or military authorities, war or riot, or declared national or state emergencies; Fire; Floods, tidal waves, earthquakes, cyclones, cataclysmic natural phenomenon; Epidemics or quarantine restrictions. When the Contractor deems that an extension of time is due him on account of delay beyond his control, he must notify the Chief Engineer in writing of his intention to make claim for such extension of time in accordance with the requirements of Subsection 106.07 and promptly file with the Authority proper evidence of the cause of the delay. Extensions of time for delays caused by the non-completion of essential work of other contractors may be granted when such non-completion is the sole cause of the delay and where the Contractor has available the plant, materials, and labor necessary to proceed with the work. Where the Contractor has delays of his own making coincident with delays caused by others, no extension of time will be granted. Delays caused by requests for substitution of materials and products under Subsection 105.11 shall be the sole responsibility of the Contractor and will not be cause for an extension of time. tornadoes, hurricanes, or other