Attachment 7 - Standard Input.pdf

PROVIDE PROJECT ROUTE/CONTRACT NO.

OR PROJECT IDENTIFICATION.

SPECIAL PROVISIONS

AUTHORIZATION OF CONTRACT

The Contract is authorized by the provisions of Title 27 of the Revised Statutes of New Jersey and supplements thereto, and Title 23 of the United States Code - Highways.

The Contract is authorized by the provisions of Title 27 of the Revised Statutes of New Jersey and supplements thereto.

SPECIFICATIONS TO BE USED

The 2019 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation (Department) as amended herein will govern the construction of this Project and the execution of the Contract.

These Special Provisions consist of the following:

Pages 1 to ___ inclusive.

General wage determinations issued under Davis-Bacon and related acts, published by US Department of Labor, may be obtained from the Wage Determinations online website at sam.gov. Select state, county and construction type heading:

HIGHWAY where the Project is to be performed then click Search.

Pay the prevailing wage rates determined by the United States Secretary of Labor and the New Jersey Department of Labor and Workforce Development. If the prevailing wage rate prescribed for any craft by the United States Secretary of Labor is not the same as the prevailing wage rate prescribed for that craft by the New Jersey Department of Labor and Workforce Development, pay the higher rate.

State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development (Telephone: 609-292-2259) or by accessing the Department of Labor & Workforce Development’s website at https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html. The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.)

If an employee of the Contractor or subcontractor has been paid a rate of wages less than the prevailing wage, the Department may suspend the Work, and declare the Contractor in default.

The NJDOT must report all suspected or reported violations to the federal agency providing the funding for the project.

Contractor’s compliance is required with the Copeland “Anti-Kickback” Act, (40 U.S.C. 3145), as supplemented by the Department of Labor regulations (29 CFR Part 3, “Contractors and subcontractors on Public Building or Public Work Financed in Whole or In Part by Loans or Grants from the United States”). Each contractor or subcontractor is prohibited from inducing by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The NJDOT must report all suspected or reported violations to the federal agency providing the funding for the project.

The following information is located at the end of these Special Provisions:

1. Disadvantaged Business Enterprise Utilization. (Federal Aid Project Attachment 1)

1. Emerging Small Business Enterprise Utilization. (Federal Aid Project Attachment 1)

2. Specific Equal Employment Opportunity Responsibilities on NJDOT Federal Aid Projects. (Federal Aid Project Attachment 2)

3. Requirements for Affirmative Action to Ensure Equal Employment Opportunity on NJDOT Federal Aid Projects. (Federal Aid Project Attachment 3) https://sam.gov/search/?index=dbra&page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html

4. Federal Equal Employment Opportunity Contract Specifications for NJDOT Federal Aid Projects. (Federal Aid Project Attachment 4)

5. State of New Jersey Mandatory Equal Employment Opportunity Language on NJDOT Federal Aid Projects.

(Federal Aid Project Attachment 5)

6. Investigating, Reporting and Resolving Employment Discrimination and Sexual Harassment Complaints on NJDOT Federal Aid Projects. (Federal Aid Project Attachment 6)

7. Payroll Requirements for NJDOT Federal Aid Projects. (Federal Aid Project Attachment 7)

8. FHWA-1273 Required Contract Provisions, Federal Aid Construction Contracts. (Federal Aid Project

Attachment 8)

9. State Mandatory Addendum to FHWA 1273 Required Contract Provision, Federal Aid Construction Contracts as Amended or Supplemented. (Federal Aid Project Attachment 9)

10. Federal Mandatory Equal Opportunity Language on Federal Aid Projects. (Federal Aid Project Attachment 10)

11. Byrd Anti-Lobbying Certification. (Federal Aid Project Attachment 11)

The following additional project specific Attachments are located at the end of these Special Provisions:

State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development (Telephone: 609-292-2259) or by accessing the Department of Labor & Workforce Development’s website at https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html. The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.).

If an employee of the Contractor or subcontractor has been paid a rate of wages less than the prevailing wage, the Department may suspend the Work, and declare the Contractor in default.

The following information is located at the end of these Special Provisions:

1. Small Business Enterprise Utilization on Wholly State Funded Projects. (State Funded Project Attachment 1)

2. State of New Jersey Equal Employment Opportunity Special Provisions for Wholly State Funded Projects.

(State Funded Project Attachment 2)

3. Requirements for Affirmative Action to Ensure Equal Employment Opportunity on Wholly State Funded Projects. (State Funded Project Attachment 3)

4. Investigating, Reporting and Resolving Employment Discrimination and Sexual Harassment Complaints on Wholly State Funded Projects. (State Funded Project Attachment 4)

5. Payroll Requirements for Wholly State Funded Projects. (State Funded Project Attachment 5)

6. Americans with Disabilities Act Requirements for Wholly State Funded Contracts. (State Funded Project

Attachment 6)

The following additional project specific Attachments are located at the end of these Special Provisions:

https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html http://www.state.nj.us/transportation/eng/specs/SP/doc/EEOSpecialProvisionsState.rtf http://www.state.nj.us/transportation/eng/specs/SP/doc/PayrollRequirements.rtf http://www.state.nj.us/transportation/eng/specs/SP/doc/AmericansWithDisabilities.rtf

DIVISION 100 – GENERAL PROVISIONS

SECTION 101 – GENERAL INFORMATION

101.01 INTRODUCTION

THE FOLLOWING IS ADDED:

Pursuant to N.J.S.A. 27:1B-21.6 and USC (United States Code) Title 23 Section 115, the Department intends to enter into a contract for the advancement of the Project. However, sufficient funds for the Project may not have been appropriated, and only amounts appropriated by law may be expended. Payment under the Contract is restricted to the amounts appropriated for a fiscal year (FY).

Pursuant to N.J.S.A. 27:1B-21.6, the Department intends to enter into a contract for the advancement of the Project.

However, sufficient funds for the Project may not have been appropriated, and only amounts appropriated by law may be expended. Payment under the Contract is restricted to the amounts appropriated for a fiscal year (FY).

Governing bodies have no legal obligation to make such an appropriation. There is no guarantee that additional funds will be appropriated. Failure by governing bodies to appropriate additional funds will not constitute a default under, or a breach of, the Contract. However, if the Department terminates the Contract or suspends work because funds have not been appropriated, the parties to the Contract will retain their rights for suspension and termination as provided in 108.13, 108.14, and 108.15; except as indicated below.

Do not expend or cause to be expended any sum in excess of the amount allocated in the current fiscal year's Capital Program (as specified below). The Department will notify the Contractor when additional funding has been appropriated.

Any expenditure by the Contractor which exceeds the amount appropriated is at the Contractor's risk and the Contractor waives its right to recover costs in excess of that appropriated amount.

The approved _____ Capital Program has an item with $ _____ million for the construction of the Project.

The Department anticipates that $ _____ million dollars in additional funds will be provided during State FY _____.

The Department anticipates that the balance of the funds necessary to complete the Project will be provided during State

FY _____.

The Department anticipates that $ _____ million dollars in additional funds will be provided during Federal FY ____.

The Department anticipates that the balance of the funds necessary to complete the Project will be provided during Federal

FY _____.

The Federal FY begins October 1 of the previous calendar year and the State FY begins July 1 of the previous calendar each year.

101.03 TERMS

THE FOLLOWING TERM IS ADDED:

Full Traffic Access. All work is complete to allow safe unencumbered use of the final paved portion of roadway throughout the project including but not limited to striping, RPMs, rumble strips, highway lighting, and traffic signals as determined by the RE.

Completion. When all of the following have occurred:

PART (1) IS CHANGED TO:

1. The Work has been satisfactorily completed in all respects according to the Contract including landscaping Items listed in 811.04, removal of SESC measures, FINAL CLEANUP, and repair of unacceptable work.

INQUIRIES REGARDING THE PROJECT

2. After Award of Contract.

North Region

Mr. Alex Borovski, Regional Construction Engineer 200 Stierli Court Mt. Arlington, NJ 07856-1322 Telephone: 973-810-9142

Central Region Mr. Carl Kneidinger, Regional Construction Engineer 1035 Parkway Avenue Trenton, NJ 08625 Telephone: 732-496-9490

South Region Mr. David DiValerio, Regional Construction Engineer One Executive Suite Route 70 West Cherry Hill, NJ 08002-4106 Telephone: 609-414-6418

Mr. Wasif Mirza, Director of ME 1035 Parkway Avenue Trenton, NJ 08625 Telephone: 609-963-1402

SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS

102.01 QUALIFICATION TO BID

THE FIRST PARAGRAPH IS CHANGED TO:

The Bidder is an individual, firm, or corporation submitting a bid for the advertised Work. The Department will not accept bids from Bidders who fail to meet all of the following criteria:

1. The Bidder has been prequalified according to regulations covering the Classification of Prospective Bidders as required by N.J.S.A. 27:7-35.1, et seq.

2. Before the receipt of the bid or accompanying the bid, the Bidder has disclosed ownership as required by N.J.S.A. 52:25-24.2.

3. At the time the bid is delivered, the Bidder has an effective maximum and project ratings of not less than the amount of its bid.

4. If the Bidder is a corporation not incorporated in the State, the Bidder has been authorized to do business in the State as required by N.J.S.A. 14A:15-2, et seq.

5. For wholly State Funded Projects, the Bidder has a valid, current registration with the New Jersey Department of Labor, Division of Wage and Hour Compliance as required by “Public Works Contractor Registration Act,” N.J.S.A. 34:11-56.48, et seq.

102.04 EXAMINATION OF CONTRACT AND PROJECT LIMITS

Project Manager:

Email Address:

Mailing Address:

The following is a list of structures and the location(s) of lead paint:

Structure #/Location Lead Paint Location(s)

1. Evaluation of Subsurface and Surface Conditions.

THE FOLLOWING IS ADDED:

International Roughness Index (IRI) Values of the Existing Roadway

Route Direction Mile Post

Existing IRI Value From To

This information is the latest available IRI data of the right most through lane from the Pavement Management Unit. The pavement information shown herein was obtained by the Department and is made available to the authorized users only so that they may have access to the same information available to the Department. It is presented in good faith, but is not intended as a substitute for investigations, interpretation, or judgment of such authorized users.

NEW JERSEY DEPARTMENT OF TRANSPORTATION

PAVEMENT CORE RECORD

PROJECT/ROUTE & SECTION: ___________________________________________________________

DRILLER: ______________________________________________________________________________

INSPECTOR: ____________________________________________________________________________

COUNTY/TOWNSHIP: ____________________________________________________________________

DATE STARTED: _____________ DATE COMPLETED: _________________

CORE

NUMBER ROUTE DIRECTION

(N, E, S, W)

MILE

POST

or

STATION

LANE NO.

(Left to Right)

SHOULDER

(Inside or Outside)

CORE

DIAMETER

(Inches)

TOTAL

CORE

DEPTH

(Inches)

CORE

DRILLED

TO

SURFACE

TYPE

(AC/PC)

AC

THICKNESS

(Inches)

PC

THICKNESS

(Inches)

* Lane 1 is the left lane in the direction of travel.

The pavement information shown herein was used by the Department for design and estimate purposes.

3. Existing Plans and As-Builts.

Existing Plans including structural plans, contour maps, and as-built plans used are as follows:

a.

102.10 SUBMISSION OF BIDS

THE SECOND PARAGRAPH IS CHANGED TO:

The Bidder shall ensure delivery of its bid with all required components and attachments, including, but not limited to the following:

1. Schedule of Items.

2. Proposal Electronic Bidding File with Bidder’s Certification.

3. For wholly State Funded contracts, acknowledgement of compliance with the registrations specified in 102.01.

4. Proposal Bond form.

5. Other related documents as specified in the Contract.

6. For Federal Aid Projects exceeding a bid amount of $100,000 or more, Bidder shall certify to the Byrd Anti-

Lobbying Act requirements under 31 USC 1352.

7. For Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98, an acknowledgement that the Bidder accounted for the prevailing wage rate in their bid pricing and that the Bidder agrees to pay the prevailing wage rate if awarded the Contract.

THE FOLLOWING IS ADDED AT THE END OF THE SUBSECTION:

By submitting its bid to the Department, the Bidder warrants that no person or selling agency has been employed or retained by the Bidder to solicit or secure such Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business, for the breach or violation of which warranty the Department shall have the right to annul such Contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee as required by N.J.S.A. 52:34-15.

102.13 CONSIDERATION OF BIDS

102.13.01 Bidder Pre-Award Requirements

PART C IS CHANGED TO:

C. All Projects. Prior to the time of contract award:

1. Submit proof of business registration with the Division of Revenue and Enterprise Services in the New Jersey Department of Treasury as required by N.J.S.A. 52:32-44. Information on how a business can register and obtain proof of business registration can be accessed on the internet at www.nj.gov/njbgs.

2. On the Disclosure of Investment Activities in Iran (Form DC-16) provided by the Department, certify pursuant to N.J.S.A. 52:32-58, that neither the Bidder, nor one of its parents, subsidiaries, and affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to certify, the Bidder shall provide a detailed and precise description of such activities to the Department.

THE FOLLOWING IS ADDED IN PART C:

3. On the "Certification of Non-Debarment Form" provided by the Department, certify pursuant to N.J.S.A. 52:32- 44.1, that neither the Bidder, nor its affiliates are debarred at the federal level from contracting with a federal government agency. The Department shall not make, negotiate, or award a contract to any bidder that does not provide the above certification. Instructions on submitting the form may be found on the Department's Electronic Bidding website and the Department's website. In addition, all Bidders must register with the federal System for Award Management (SAM) prior to contract award. ln order to comply with this requirement, Bidders must register in SAM at https://www.sam.gov and the Department will verify the successful Bidder's registration in SAM prior to contract award.

4. On the “Certification of Non-Involvement in Prohibitive Activities in Russia or Belarus Form” provided by the Department, certify pursuant to N.J.S.A. 52:32-60.1, that neither the Bidder nor its affiliates are engaged in prohibited activities in Russia or Belarus as defined therein.

5. Submit proof of valid Public Works Contractor Registration issued by the New Jersey Department of Labor, Division of Wage and Hour Compliance according to N.J.S.A. 34:11-56.48, et seq.

102.15 DISQUALIFICATION OF BIDDERS

THE SECOND PARAGRAPH IS CHANGED TO:

http://www.nj.gov/njbgs

The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the Department to lack responsibility. Factors demonstrating a lack of responsibility include, but are not limited to:

1. Evidence of collusion among Bidders.

2. Uncompleted work, which in the opinion of the Department, might hinder or prevent completion of additional work if awarded.

3. Failure to submit at time of bid or within 5 days of bid opening, a completed and signed CR-266 – Schedule of

Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Business Enterprise Participation.

4. Failure to submit within 5 days of bid opening, proof of documented evidence of good faith efforts to meet the Contract goal, if the Bidder fails to meet the Contract DBE, ESBE or SBE goal.

5. Failure to submit within 5 days of bid opening, a completed and signed Confirmation of DBE/ESBE/SBE Firm (Form CR-273) for each DBE/ESBE/SBE firm listed on the CR-266. The Bidder shall not complete any portion of the CR-273 form.

6. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR-274) for each DBE/ESBE/SBE firm listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-274 form.

7. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for each DBE/ESBE/SBE Regular Dealer/Supplier listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-272 form.

8. Failure of the Bidder to meet the Contract DBE, ESBE, or SBE goal as determined by the DCR/AA, or make adequate good faith efforts to do so.

9. Failure of the Bidder to acknowledge that the prevailing wage rate is accounted for in their bid pricing and that the Bidder agrees to pay the prevailing wage rate, if awarded the Contract, for Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98,

10. Submission of a materially unbalanced bid. A materially unbalanced bid is a bid where there is a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid, which is structured on the basis of nominal prices for some work and inflated prices for other work, will result in the lowest ultimate cost to the Department.

11. Lack of competency or lack of adequate machinery, plant, or other equipment.

12. Unsatisfactory performance on previous or current contracts.

13. Questionable moral integrity as determined by the Attorney General of New Jersey or the Department.

14. Any other outward actions or lack of action that demonstrates the Bidder is not responsible.

15. Disqualification, suspension, or debarment of an individual, firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 for state projects.

16. Disqualification, suspension, or debarment of an individual firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 or Federal Government’s System for Award Management (SAM), located at https://www.sam.gov/SAM/ for federally assisted contracts.

17. If the bidder is Federally debarred pursuant to N.J.S.A. 52:32-44.1.

SECTION 103 – AWARD AND EXECUTION OF CONTRACT

103.01 AWARD OF CONTRACT

THE FOLLOWING IS ADDED:

The Department will post public announcement of award on the Department’s website at https://www.state.nj.us/transportation/business/procurement/ConstrServ/.

103.04 EXECUTION OF THE CONTRACT

THE FIRST PARAGRAPH IS CHANGED TO:

Within 14 days of the date of Award or Conditional Award, the Bidder shall properly and duly execute the Contract and deliver to the Department the following:

1. If escrowing bid documents, the custody agreement as specified in 103.05.

2. Performance bond and payment bond as specified in 151.03.01.

https://www.sam.gov/SAM/ https://www.state.nj.us/transportation/business/procurement/ConstrServ/

3. Request for Authorization Form for the New Jersey Pollutant Discharge Elimination System 5G3 – Construction Activity Stormwater General Permit (NJG0088323) when required as shown on the Plans.

4. Proof of the registrations specified in 102.01 for the Department of Treasury and the Department of Labor.

5. If the case of non-resident Bidders, the completed form regarding “Appointment of Agent” for compliance with

N.J.S.A. 14A:15-2, et seq.

SECTION 104 – SCOPE OF WORK

104.02 VALUE ENGINEERING

104.02.01 Purpose and Scope

THE FOLLOWING IS ADDED:

The Department will not consider the following as (a) VE Proposal(s):

104.03 CHANGES OF THE CONTRACT

104.03.03 Types of Changes

1. Quantity Increases and Decreases.

THE SECOND PARAGRAPH IS CHANGED TO:

For minor changes in quantity, the Department will make payment for the quantity of the Item performed at the bid price for the Item. Construction layout is included in the price of the original work.

3. Changes in the Character of Work.

THE THIRD PARAGRAPH IS CHANGED TO:

If a modification cannot be reached by agreement, the Department will make payment, only for the change in work, by force account as specified in 104.03.08.

104.03.07 Tracking Costs

THE FIRST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

For all work directed to be paid for by force account, track and maintain complete records to provide a clear distinction between the costs for the Force Account work and the costs for other operations. For costs which the Contractor will pursue reimbursement through a Notice or Claim, track and maintain complete records in Force Account style making a clear distinction between Contract work and the work related to the alleged changed condition.

104.03.08 Force Account

THE FIRST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

Payment made for the work directed to be performed by force account represents full payment for that work including layout.

THE FIRST PARAGRAPH OF PART 7 IS CHANGED TO FOLLOWING:

7. Equipment. The Department will make payment for Contractor-owned or rented equipment required for the force account work. The Department will not provide payment for equipment that is determined to be more than necessary or unsuitable by the RE for the force account work or that is inoperable due to breakdown or during periods of repair. In the event the Contractor proposes to use equipment of a higher cost, including equipment with one or more of the following: specialized functionality, features, trim levels, options, or accessories than that suitable and necessary for the work, the Department will make payment at the rate applicable to the suitable and necessary equipment. The Department will make payment for Contractor-owned or rented equipment as follows:

PART 7.B IS CHANGED TO THE FOLLOWING:

b. Rented Equipment. In the event that the Contractor does not own a specific type of equipment and must obtain it by rental, submit in writing to the RE for approval the need to rent the equipment and the rental rate for that equipment before using it on the work. Ensure the rental company does not rent equipment exclusively to a single Contractor. The Department will make payment for the rental of the equipment as specified in the rental agreements and as evidenced by paid invoices for the time that the equipment is used to accomplish the work, plus the cost of moving the equipment to, on, and away from the work site.

104.03.09 Delay Damages

1. Non-Productive Activity. The Department will make payment for the following non-productive activities:

PART E IS CHANGED TO:

e. Equipment. If as the result of the delay, the equipment cannot be used for any active work, and is directed by the RE to remain on the work site during the delay, the Department will make payment as specified in 104.03.08.7.a.5. If as the result of the delay, the RE determines that the equipment cannot be used for any active work, the RE may request the Contractor to remove the equipment. The Contractor may remove the equipment from the work site or allow it to remain. If the equipment is removed from the work site, the Department will make payment for labor and equipment costs to remove the equipment and to return it to the work site at the end of the delay period. If the equipment remains, the Department will not make payment for the equipment as specified in 104.03.08.7.

If the equipment is required for additional maintenance within the Project Limits, maintenance of traffic control devices, maintenance of SESC measures, and similar activities resulting from the delay and approved by the RE, the Department will make payment as specified in 104.03.08.7.

THE FOLLOWING IS ADDED:

4. Equipment Escalation. If, as the result of the delay, equipment use, which had a planned late-finish date occurring before an equipment rate increase date, is required to start after the equipment rate increase date, the Department will make payment for the following:

a. Contractor owned equipment. Equipment costs as specified in 104.03.08 at the higher rate as evidenced by a comparison of the Blue Book rate between the planned late finish date for the work and the Blue Book rate when the work was required because of the delay.

b. Rented equipment. Equipment costs as specified in 104.03.08 at the higher rate as evidenced by a comparison of rental agreements, including paid invoices, between the planned late finish date for the work and the date the work was required because of the delay. If rental agreements and paid invoices are not available, provide quotes from the rental company for both dates.

SECTION 105 – CONTROL OF WORK

105.02 RESPONSIBILITIES OF THE CONTRACTOR

105.02.05 Civil Rights Requirements

1. Federal Aid Projects.

a. Disadvantaged Business Enterprise/Emerging Small Business Enterprise Goals for this Contract

THE LAST PARAGRAPH IN PART A CHANGED TO:

If the Contractor fails to meet the Contract DBE goal, without demonstrating an adequate GFE as determined by DCRAA, the Department will make a payment reduction from the total amount of payments made to the Contractor equal to the value of the DBE goal not attained as follows:

Value of DBE Goal Payment Reduction = (CG – AG) x CP Where:

CG = Contract DBE Goal percentage, or approved DBE commitment, or if modified by the Department, the

Modified DBE Contract Goal percentage.

AG = Attained DBE Goal percentage = (total dollar amount paid to DBE suppliers and DBE subcontractors divided by CP) plus the percent value attributed to the Contractor’s GFE approved by the Department.

CP = Total Adjusted Contract Price less the payment adjustments for PERFORMANCE BOND AND

PAYMENT BOND, and changes not associated with actual work including but not limited to incentives/disincentives, bonuses/penalties, acceleration, and portions of settlements not associated with work.

2. Wholly State Funded Contracts.

a. Small Business Goals for This Project

THE LAST PARAGRAPH IN PART A IS CHANGED TO:

If the Contractor fails to meet the Contract SBE goal, without demonstrating an adequate GFE as determined by DCRAA, the Department will make a payment reduction from the total amount of payments made to the Contractor equal to the value of the SBE goal not attained as follows:

Value of SBE Goal Payment Reduction = (CG – AG) x CP Where:

CG = Contract SBE Goal percentage, or approved SBE commitment, or if modified by the Department, the

Modified SBE Contract Goal percentage.

AG = Attained SBE Goal percentage = (total dollar amount paid to SBE suppliers and SBE subcontractors divided by CP) plus the percent value attributed to the Contractor’s GFE approved by the Department.

CP = Total Adjusted Contract Price less the payment adjustments for PERFORMANCE BOND AND

PAYMENT BOND, and changes not associated with actual work including but not limited to incentives/disincentives, bonuses/penalties, acceleration, and portions of settlements not associated with work.

105.05 WORKING DRAWINGS

TABLE 105.05-1 IS CHANGED TO:

Table 105.05-1 – Working Drawing Submission Category Certified Approved Breakaway I-Beam GA Sign Support Posts Catalog Cuts (related to landscape Items) Bridge Drainage Change in Structural Steel Details Bridge Railing and Fencing Anchorage System Change of Prestressed Concrete Strand Patterns Catalog Cuts Demolition Plans Composite Piles Erection Plans DMS Sign Support Structure High Load Multi-Rotational (HLMR) Bearings DMS Standard Ground Mounted Isolation Bearings Elastomeric Bearings Pads ITS System Drawings, including Block Diagrams Electrical Items Not Pre-Qualified Machinery and Electrical Items for Movable Bridges Expansion Joint Assemblies (except Modular Expansion Joint Assemblies) Mechanically Stabilized Earth (MSE) Walls

Precast Prestressed Concrete Beams and Piles Fabrication Modular Expansion Joint Assemblies Reinforced Elastomeric Bearings Other work shown on the Plans as conceptual Sign Legends Precast Concrete Arch Structures Sign Support Structures Precast Concrete Box Culverts Structural Steel Fabrication Prefabricated Modular Walls Stay-In-Place Forms Temporary Sheeting and Cofferdams Temporary Shielding

Temporary Structures Value Engineering Plans

1. Certified Working Drawings.

THE LAST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

The Department will require ___ days for review and certification or rejection and return of certified working drawings.

2. Approved Working Drawings.

THE LAST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

The Department will require ___ days for review and approval or rejection and return of working drawings.

105.07.01 Working in the Vicinity of Utilities

A. Initial Notice.

B. Locating Existing Facilities.

2.

Fiber Optic Markout Form is available at:

http://www.state.nj.us/transportation/eng/elec/ITS/requests.shtm.

Bureau of Traffic Operations, North Region (TOCN) 670 River Drive Elmwood Park, NJ 07407-1347 Telephone: 732-697-7360

Bureau of Traffic Operations, South Region (TOCS) 1 Executive Campus-Route 70 West Cherry Hill, NJ 08002-4106 Telephone: 856-486-6650

For Weigh-in-Motion and Traffic Volume systems contact:

Transportation Data and Safety Unit PO Box 600 Trenton, NJ 08625 609-963-1891

For Roadway Weather Information Systems contact:

Permits, Electrical Maintenance & Claims Unit PO Box 600 Trenton, NJ 08625 609-963-1829

3.

Bureau of Electrical Maintenance, North Region 200 Stierli Court Mt. Arlington, NJ 07856-1322 Telephone: 973-601-6650

NJDOT

Central Region Electrical 1035 Parkway Avenue 4th Floor E&O Bldg.

CN 600

Trenton, NJ 08625 http://www.state.nj.us/transportation/eng/elec/ITS/requests.shtm

Telephone: 609-963-1491

Bureau of Electrical Maintenance, South Region One Executive Campus Route 70 West Cherry Hill, NJ 08002-4106 Telephone: 856-486-6627

C. Protection of Utilities.

THE FOLLOWING IS ADDED AFTER THE FOURTH PARAGRAPH:

Complete a Request for Right of Entry onto railroad property in compliance with the requirements of the specific railroad.

Facility Daily Access Request Form is available at:http://www.state.nj.us/transportation/eng/elec/ITS/access.shtm.

Frequency of Trains Location Speed Number Per Day Time

105.07.02 Work Performed by Utilities

Company Name & Address Contact Person Number of Day/s Advance Notice

Stage # ______

Utility Company Name Work Description Work Duration (Day/s) Restriction

Stage Total _________________

105.09 LOAD RESTRICTIONS

Material Transfer Vehicles Structural Load Restriction

Route

Bridge Structures

Structure Name

Material Transfer Vehicles

Number Mile Post

MTV SB-

2500C by Roadteck

MTV MC-

330 by

Blaw-Knox

MTV SB-

1500B by Roadteck

MTV SB-

1000B by Roadteck

Gross Weight

125,500 lbs

Gross Weight

114,100 lbs

Gross Weight

92,000 lbs

Gross Weight

74,000 lbs

THE FOLLOWING SUBSECTION IS ADDED:

105.11 CONSTRUCTION LAYOUT

THE LAST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

Perform a site investigation within the Project Limits to locate existing ROW markers, property markers, survey control markers, and monuments. Before beginning construction operations, protect ROW markers, property markers, survey http://www.state.nj.us/transportation/eng/elec/ITS/access.shtm control markers, and monuments from disturbance and destruction. Notify the RE of the location of property markers and monuments that are in danger of being removed or disturbed and tie to fixed points or locate from established contract control. Do not remove or disturb existing ROW markers, property markers, survey control markers, and monuments until obtaining RE approval. Record and provide a report of the findings of the site investigation to the RE.

Before removing a monument that is not owned by the Department, notify the agency to which the monument belongs of the need to remove the monument. Provide the RE with copies of correspondence with the agency, as well as the agency’s written requirements or guidelines for setting monuments.

If a monument or marker is disturbed or removed without RE approval, the Contractor is responsible for reimbursing the Department for the cost to replace the monument.

Perform layout for the construction of the Contract using the control points and data shown on the Plans. Perform layout under the direct supervision of a licensed land surveyor. Preserve control points throughout the duration of the Project.

Reset control points that are damaged, lost, displaced, or removed.

Before beginning construction operations, verify the vertical and horizontal controls provided in the Plans using, at a minimum, third-order, Class I accuracy procedural standards and equipment. Notify the RE in writing of discrepancies or errors and obtain resolution before proceeding with the work. Upon request, provide the RE with survey notes and calculations related to the field control verification.

Before beginning construction operations, establish lines for ROW, easement, and other restrictions, such as boundaries for environmentally sensitive areas to define the limits of construction and temporary operations. Establish limits of tree protection and other vegetation to be preserved. Do not encroach on private property, except as allowed by easements.

Document existing site conditions, including vegetation, in areas to be used for excavation, temporary construction, storage, parking, movement of equipment, field office, etc. which will have to be later restored to pre-existing conditions.

Provide documentation, including photographs, to the RE.

Provide the Utilities with the layout needed to install relocated utility facilities and coordinate the Work. Ensure that relocated facilities do not conflict with proposed construction, including High Voltage Proximity Act conflicts.

Establish the exact location of the Work from the control points. Reference the Work to baselines that are established from the control points. Maintain baselines until Completion.

Provide and maintain offset baseline stakes for roadways, ramps, jughandles, and turnarounds outside the limits of grading and construction. Set offset stakes at a maximum interval spacing of 50 feet. Where baselines have a radius of less than 475 feet, provide offset stakes at a maximum interval spacing of 25 feet. Identify and mark each stake to show the offset distance from the baseline and provide grade sheets to the RE showing the cut or fill to the finished profile lines with reference to the offset stakes. Provide grade sheets for construction of subbase that include calculations to establish the typical cross section from the profile grade stake. Provide adequate and accurate offset lines during construction that requires occupation of the baseline points by construction operations. Provide the RE with assistance as requested for verification of lines, grades, boundaries, dimensions, and elevations.

Construct the Work to the dimensions and tolerances noted within the Contract. Except where otherwise noted, construct subbase, base courses, pavements, and structures to within 1/4 inch of the elevations, stations and offsets noted in the Contract. If work does not conform to the tolerances allowed, the Department may consider the work to not be in conformance with the work as specified in 105.03.

For each bridge and sign structure within the Project Limits, provide the RE as-built measurements of the minimum vertical underclearance at each lane line, shoulder line, curb line, and edge of pavement line under a structure to the nearest hundredth of a foot. For each bridge structure, provide vertical underclearance measurements at each fascia beam and the portions of the structure that govern the minimum vertical underclearance. Provide minimum vertical underclearance measurements prior to the completion of each stage of construction. Notify the RE in writing of any discrepancies, errors, or deviations from plan dimensions and clearances prior to opening any bridge or structure or any portion thereof to traffic.

Upon request, provide the RE with survey notes and calculations related to the alignment and horizontal and vertical control, and field notes to document the ROW, including easements and monument locations. Maintain survey notes in a bound field notebook in a professional manner.

The Department will not make payment for survey, stakeout, and layout. The cost is to be distributed across the various items of work and to be included in extra work as may be added to the Contract.

If the Department discovers survey errors, including errors that should have been detected during verification of controls provided in the plans, the Department will deduct the costs of checking and correcting these errors from any money due to the Contractor.

SECTION 106 – CONTROL OF MATERIAL

THE SECTION HEADING IS CHANGED TO:

SECTION 106 – CONTROL OF MATERIAL AND EQUIPMENT

106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS

THE FIRST PARAGRAPH IS CHANGED TO:

Ensure that materials furnished for the Project are new, unless otherwise specified in the Contract. Comply with 2 CFR 200.323 – Procurement of recovered materials, ensuring that materials furnished for the Project contain, “the highest percentage of recovered materials practicable,” where the purchase price of the covered item listed exceeds $10,000. Use materials that conform to the requirements of the Contract. When required by the Contract, use only products and suppliers listed on the QPL. Use sources of materials that have been approved by the Department on a Materials Questionnaire as specified in 106.04.

THE FOLLOWING IS ADDED TO THE END OF THE SUBSECTION:

For telecommunication and video surveillance services or equipment a certification is required to confirm that the telecommunication and video surveillance services or equipment are not from companies as listed in 2 CFR 200.216.

Ensure that the certification includes the statement that all telecommunication and video surveillance services or equipment proposed in this project are not produced by companies as listed in 2 CFR 200.216.

106.02 DEPARTMENT-FURNISHED MATERIAL

106.03 FOREIGN MATERIALS

THE SUBSECTION HEADING IS CHANGED TO:

106.03 FOREIGN MATERIALS AND EQUIPMENT

1. Wholly State Funded Projects

THE ENTIRE TEXT IS CHANGED TO:

Due to the requirements of MAP-21 (Moving Ahead for Progress in the 21st Century Act), comply with the Federal Aid Project requirements specified under Subpart 2.

2. Federal Aid Projects.

THE SECOND PARAGRAPH IS CHANGED TO:

Comply with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 and implementing regulations.

Comply with IIJA’s three categories: iron and steel, manufactured products, and construction materials:

a. Ensure all iron and steel used in the project are produced in the United States. Iron and steel products means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. Ensure all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

b. Ensure all manufactured products are exempted from the Buy America requirements pursuant to 48 FR 50399 (1983) which excludes manufactured products from 23 CFR 635.410. Manufactured products means articles, materials, or supplies that have been processed into a specific form and shape; or combined with other articles, materials or supplies to create a product with different properties than the individual articles, materials, or supplies.

c. Ensure all construction materials are manufactured in and manufacturing processes occurred in the United States. Construction materials includes an article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including PVC, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), fiber optic cable (including drop cable), optical fiber, lumber, engineered wood, or drywall. Items that consist of two or more of the listed materials that have been combined through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials.

THE FOLLOWING IS ADDED TO THE END OF THE SUBSECTION:

Comply with 2 CFR 200.216 Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment.

Do not provide Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Do not provide video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hanghzou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Do not provide Telecommunications or video surveillance services provided by such entities or using such equipment.

Do not provide Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Do not provide any equipment assembled by others that has an integral component that was manufactured and supplied by the aforementioned companies.

THE FOLLOWING IS ADDED TO THE END OF THE SUBSECTION:

Build America, Buy America domestic preferences for iron and steel, manufactured products, and construction materials requirements are waived for projects where: 1. The total value of non-compliant products is no more than the lesser of $1,000,000.00 or 5 percent of total applicable costs for the project. This does not apply to iron and steel subject to the requirements of 23 USC 313; or 2. The total amount of Federal financial assistance applied to the project is below $500,000.00. Refer to the August 16, 2023 Federal Register for USDOT’s issuance of a Waiver of Buy America Requirements for De Minimis Costs and Small Grants at the following link: Federal Register: Waiver of Buy America Requirements for De Minimis Costs and Small Grants.

106.07.01 Certification of Compliance

THE FIRST PARAGRAPH IS CHANGED TO:

Submit manufacturer’s Certifications of Compliance stating that the materials and assemblies fully comply with the requirements of the Contract when required by the Contract or requested by the Department, except for materials and assemblies that are temporary and not incorporated into the final construction and are not iron or steel such as sheeting and bridge assemblies. The State reserves the right to determine if a specific material or assembly meets this provision.

106.07.02 Certification for Iron and Steel

THE HEADING AND THE ENTIRE SUBPART IS CHANGED TO:

106.07.02 Certification for Iron and Steel, and Construction Materials

A. Precast Concrete Steel and Concrete Pipe Certification of Compliance. For precast concrete and concrete pipe items, a Buy America Compliance Plan is required to confirm that the material meets the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03. The ME will periodically audit compliance with the program at the precast plant. If the precast concrete item is not inspected by ME, submit a https://urldefense.com/v3/__https:/www.federalregister.gov/documents/2023/08/16/2023-17602/waiver-of-buy-america-requirements-for-de-minimis-costs-and-small-grants__;!!J30X0ZrnC1oQtbA!IQjCmd_un5_MdrnvFso3Ha8AYfF5P0n4ma440bXXvAieP8PGzcDe0yzZjTUBwnwZk-FZJxQDoz7FoBhx4wT0aocIsVvaAsEiCFxgneo$ https://urldefense.com/v3/__https:/www.federalregister.gov/documents/2023/08/16/2023-17602/waiver-of-buy-america-requirements-for-de-minimis-costs-and-small-grants__;!!J30X0ZrnC1oQtbA!IQjCmd_un5_MdrnvFso3Ha8AYfF5P0n4ma440bXXvAieP8PGzcDe0yzZjTUBwnwZk-FZJxQDoz7FoBhx4wT0aocIsVvaAsEiCFxgneo$

Certification of Compliance for the precast concrete item as required in 106.07.01. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the reinforcing steel used in the precast concrete item complies with the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No.

117-58, §§ 70901-52 as specified in 106.03.

B. Certification for Construction Materials. For construction materials, a Buy America Compliance Plan is required to confirm that the material meets the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03.

When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the construction materials used complies with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No.

117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03.

C. Step Certification of Compliance. For products that contain steel or iron components and are not covered in 106.07.02.A, step Certification of Compliance is required to confirm that the item meets the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03. A step certification is a process under which each handler (e.g., supplier, fabricator, manufacturer, processor, coating facility) of the iron and steel components certifies that the steel and iron components were of domestic origin, and that their step in the process was domestically performed.

Every step in the process from melting to coating must be performed in the United States in order for the steel or iron component to be considered domestic and must be documented by step certification. If a domestic source for a steel or iron component cannot be found, submit a request for waiver to the Department. Do not purchase non-domestic steel or iron components without the express written consent of the Department.

Ensure that 3 copies of the Contractor’s Certification of Compliance (Form DC-17) and the step Certifications of Compliance are provided for items containing steel or iron. Retain 1 copy and submit 2 copies to the RE. The Contractor may submit the DC-17 and the step certifications electronically in a scanned document.

Ensure that step Certifications of Compliance contain the following information:

1. Name of the Company supplying the material.

2. Name and location of the Company the material was shipped to.

3. Material description.

4. Quantity of material represented by the Certification.

5. Means of identifying the consignment, such as label marking or seal number.

6. Date and method of shipment.

7. A statement that the material conforms to the Contract material requirements and to the Buy America requirements in 106.03 and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52.

8. A statement that all steel or iron components in the material or assembly were “melted and manufactured in the US”, unless there is non-domestic steel or iron in the material or assembly.

9. If there is non-domestic steel or iron in the assembly, describe in detail the non-domestic steel or iron material and the…