Northern_Recycling_Center_Concrete_Floor_Topping_-_Specifications.pdf

Frank Sadeghi, Director

Jennifier Bacchione, Deputy Director

Robert S. Arace, Commissioner

Sam Ellenbogen, Commissioner

Ray Gormley, Commissioner

Jennifer L. Bowens, Purchasing Agent

COUNTY OF OCEAN

ADMINISTRATION BUILDING

101 HOOPER AVENUE

TOMS RIVER, NEW JERSEY 08753

BID

SPECIFICATIONS

FOR

NORTHERN RECYCLING CENTER

CONCRETE FLOOR TOPPING

Bid Category: Public Works, Park Equipment, and Construction

Services – 22

David Heber

New Jersey Professional Engineer - License Number 56504

-i-

OCEAN COUNTY BOARD OF COMMISSIONERS

OCEAN COUNTY, NEW JERSEY

Table of Contents

Description Page No.

Table of Contents i - ii

Information for Bidders - Table of Contents IB-i - IB-iii

Information for Bidders IB-1 - IB-18

Special Conditions SCON-1 – SCON-3

Scope of Contract SC-1

Surety and Bid Bonding B-1 – B-5

Contract CON-1 - CON-30

Performance Labor and Material Payment Bond PB-1 - PB-2

Surety Disclosure Statement and Certification PB-3 - PB-5

Maintenance Bond MB-1 - MB-2

(Continued)

Description Page No.

-ii-

Detailed Specifications

General

010000 General Requirements 010000-1

011000 Summary 011000-1 – 011000-2

012100 Allowances 012100-1

013100 Project Management and Coordination 013100-1 – 013100-4

013300 Submittal Procedures 013300-1 – 013300-5

014000 Quality Requirements 014000-1 – 014000-3

015000 Alternates 015000-1

016000 Product Requirements 016000-1 – 016000-5

017300 Execution 017300-1 – 017300-4

017700 Closeout Procedures 017700-1 – 017700-2

Concrete

030000 Concrete 030000-1 – 030000-5

032000 Concrete Reinforcement 032000-1 – 032000-5

033000 Cast-In-Place Concrete 033000-1 – 033000-14

032000 High Strength Cementitious Metallic Topping 033510-1 – 033510-5

INFORMATION FOR BIDDERS

Table of Contents Page No.

122018-NF (Rev. No. 31) IB-i

0.00 Definitions

0.01 Location of Work

0.02 Contract Drawings

0.03 Phases Comprising the Project

0.04 Date and Place of Opening Bids

0.05 Preparation of Bid

0.06 Right to Accept or Reject Bids

0.07 Withdrawal of Bids

0.08 Items of Work

0.09 Addenda and Interpretations

0.10 Bid Security

0.11 Certificate of Surety

0.12 Obligation of Bidders

0.13 Examination of and Familiarity with the Work

0.14 Bidder Submissions

0.15 Rescission of Award

0.16 Failure of Bidders to Enter Contract

0.17 Security for Faithful Performance and Maintenance (Bonds)

0.18 Interference or Delay

0.19 Lines and Grades

0.20 Insurance Requirements

0.21 Time Limit

0.22 Damages

0.23 Site Conditions

0.24 Cost Breakdown, Construction Schedule and Shop Drawing Submission Schedule

0.25 Field Measurements

0.26 Preconstruction and Progress Photographs N/A (NOT IN CONTRACT)

0.27 Subsurface Structures and Utilities N/A (NOT IN CONTRACT)

122018-NF (Rev. No. 31) IB-ii

0.28 Materials and Equipment

0.29 Construction Terms and Conditions

0.30 Nondiscrimination Provisions

0.31 State Mandatory Affirmative Action Language, Construction Contracts

0.32 Solid Waste Disposal

0.33 New Jersey State Sales and Use Tax Exemption

0.34 Allowances N/A (NOT IN CONTRACT)

0.35 Department of Labor, Safety and Health Regulations

0.36 Prompt Payment

0.37 Construction Plans and Specifications

0.38 Bidders Referred to Laws and Safety

0.39 Subcontractor Requirements

0.40 Pre-Construction and Construction Conferences

0.41 State Wage Rates and Contractor Registration

0.42 Change Orders

0.43 Project Observation

0.44 Observer's Service for Saturdays, Sundays, Holidays and Off-Hours

0.45 American Goods and Products

0.46 Access to the Work and Records

0.47 Joint Venture Bidder Responsibility

0.48 Quality of Materials and Workmanship

0.49 Dewatering Facilities N/A (NOT IN CONTRACT)

0.50 Connections to Existing Mains and Valve Operation N/A (NOT IN CONTRACT)

0.51 Interruption in Traffic Flow and Traffic Control N/A (NOT IN CONTRACT)

0.52 Right-to-Know Labeling

0.53 Extra Material on Hand

0.54 Debarment

0.55 Americans With Disabilities Act (Equal Opportunity for Individual with Disabilities)

122018-NF (Rev. No. 31) IB-iii

0.56 Security Measures of Owner

0.57 Business Registration Certificate for Bidder and Subcontractors

122018-NF (Rev. No. 31) IB-1

0.00 Definitions

The attention of all bidders is directed to the Article of the Contract entitled, "Definitions", for definitions of the terms, Owner, Contractor, Engineer, Contract Documents, Contract, Contract Price, Specifications, Substantial Completion, Contract Drawings and General Conditions.

In the Contract Documents the words "Bid", "bid", "Proposal" and "proposal" are used inter-changeably.

0.01 Location of Work

The sites of the work to be performed under the Contract are: Ocean County’s Northern Recycling Center located at 601 New Hampshire Avenue, Lakewood, Ocean County, New Jersey; Ocean County’s Southern Recycling Center located at 226 Haywood Road, Stafford Township, Ocean County, New Jersey; and the Ocean County Airport located at 101 Airport Road, Bayville, Ocean County, New Jersey.

0.02 Contract Drawings

The Contract Drawings, forming an integral part of this project, bear the following title:

601 NEW HAMPSHIRE AVENUE, LAKEWOOD, OCEAN COUNTY, NEW JERSEY 08701

Copies of the Contract Documents shall be furnished to interested parties as set forth in the Notice to Bidders.

0.03 Phases Comprising the Project

The work on this project will be performed under a single overall Contract comprising of demolition, general construction, equipment work, fire protection, and electrical work.

0.04 Date and Place of Opening Bids

Sealed Proposals for this work, as required by the Contract Documents and as specified herein, including the furnishing of all required plant, labor, equipment, materials, facilities and services, will be received at the time and place stated in the Notice to Bidders and at that time unsealed and the contents publicly announced.

0.05 Preparation of Bid

Bids must be submitted on the prescribed forms. In the event of a discrepancy between the unit price bid in words and in figures, the unit price is to govern. In the event of a discrepancy between the unit price bid for any pay item and the extension shown for that item under the column of the proposal form designated “Amount”, the unit price is to govern. Where a unit price is bid for a pay item but no extension is provided, the Engineer will provide the extension based on the unit price bid and the estimated quantity for that pay item. 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 form, the Engineer will provide the unit price by dividing the “Amount” figure provided by the Bidder by the estimated quantity. When no figure is provided by the Bidder in both the “Unit

122018-NF (Rev. No. 31) IB-2

Price” and “Amount” columns for one or more pay items, or where no figure is provided in the “Amount” column for one or more lump sum pay items, the Owner shall reject the Bid.

The Bid shall contain the full name and address of every person, partnership, corporation, and limited liability company having an interest in the bid. In addition, any trade name of the bidder must be set forth in full. When an individual proprietor bids, the bid must be signed for or on behalf of the proprietor. When a partnership bids, the bid must be signed for or on behalf of each general partner. When a corporation bids the president and secretary (or assistant secretary) must sign, except that other officers of the corporation may sign, provided a corporate resolution, certified by the corporate secretary (or assistant secretary) duly authorizing such other officers to sign, accompanies the bid. When a limited liability company (“LLC”) bids, the bid must be signed by a managing member of that limited liability company. Bids signed by an agent must be accompanied by a Power of Attorney duly acknowledged before a notary public, evidencing the authority of the agent to act for the principal or principals. All corporations, partnerships, and limited liability companies must complete the statement form which appears on the Bid pages pursuant to the requirements of N.J.S.A. 52:25-24.2.

Bidders with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.

0.06 Right to Accept or Reject Bids

The Owner will evaluate bids and any award will be made to the lowest responsible bidder whose bid conforms to this solicitation in accordance with N.J.S.A. 40A:11-4. The Owner reserves the right to reject all bids pursuant to N.J.S.A. 40A:11-13.2 and any bid that is nonresponsive or submitted by a bidder that is not responsible, and to waive minor informalities or irregularities in bids received in accordance with applicable law.

The Owner may reject bids which are incomplete, conditional, or obscure, or which contain addi-tions not called for, alterations, or irregularities of any kind.

No bid will be accepted which does not contain a price for every bid item contained in the Bid forms.

No contract for work shall be awarded to a contractor or subcontractor who is included on the New Jersey State Treasurer’s list of debarred, suspended or disqualified bidders. Submission of false, deceptive, or fraudulent statements or information by bidders shall result in bid rejection or, if applicable, revocation of an awarded contract. Additionally, any such bidder will be subject to the criminal and/or civil penalties provided by all applicable state and federal laws.

0.07 Withdrawal of Bids

N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to the Owner. The bidder must request withdrawal of a bid

122018-NF (Rev. No. 31) IB-3 due to a mistake, as defined by the law, within five business days after opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, Owner may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

If a bidder withdraws a bid, the bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A:11-13.2.

0.08 Items of Work

The Bidder understands that the Owner may, without limitation, increase, decrease or eliminate items of work to be performed under the Contract. The Bidder further understands that in case of any error or inconsistency in the figures, the unit prices stated in the proposal shall govern.

The prime Contractor (the bidder) shall perform on the site and with its own organization, work equivalent to at least 25% (by cost) of the total amount of work to be performed under this Contract. This percentage may be reduced by a supplemental agreement to this Contract if during the performance of the work the Contractor requests a reduction and the Owner determines that the reduction would be to the advantage of the Owner.

0.09 Addenda and Interpretations

No interpretations of the meaning of the Contract Drawings, Specifications or other Contract Documents will be made to any bidder orally. Any request for interpretations shall through the County bid portal, and, to be given consideration, must be received by the Questions Submission Deadline stipulated in Procurement Portal. Any and all revisions, interpretations, or supplemental instructions will be in the form of written addenda to the Contract Documents which, if issued, will be distributed by the Procurement Portal on which the Contract Documents were obtained no later than seven (7) days, Saturdays, Sundays, and holidays excepted prior to the date fixed for opening of bids.

Failure of any bidder to review any addenda shall not relieve the bidder from any obligation under such addenda. All addenda so issued shall become part of the Contract Documents. If any addenda materially change the solicitation, the Owner may postpone the date for the opening of bids within the provisions of N.J.A.C. 5:34-9.3.

0.10 Bid Security

Each bid must be accompanied by a certified check, cashiers check, bid bond or e-bond prepared on the “Special Surety Requirements Sample Form” in the Contract Documents, or on an equivalent form which has been approved by Owner's attorney; duly executed by the Bidder as principal and having as surety thereon a surety company duly authorized to issue bonds in New Jersey, in the amount of 10% of the total amount bid, but not in excess of $20,000.

Such checks or bid bonds except those of the three apparent lowest responsible bidders, shall, unless otherwise requested by the bidder, be returned within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within three days, Sundays and holidays excepted, after the awarding and signing of the Contract and the approval of the Contractor's performance bond, insurance and other sub-missions required in the Information for Bidders, the bid security of the remaining unsuccessful

122018-NF (Rev. No. 31) IB-4 bidders shall be returned to them. The check or bid bond of the bidder to whom the Contract is awarded shall be retained until the required performance bond, insurance and other submissions required in the Information for Bidders is submitted and approved and the Contract is signed. If, for any reason, the Owner does not make an award within sixty (60) days after the opening of bids, the Owner may request that each of the three apparent lowest responsible bidders agree to hold their bids open for consideration for a longer period.

Bid security shall remain in effect for a minimum of sixty (60) calendar days from the date of opening of bids, except as set forth above. In the event that a bidder shall agree to an extension of the sixty (60) day period for making award, such bidder shall be required to ensure that their bid security shall remain in effect to cover the period of extension.

An attorney-in-fact who signs any bid bonds or other bonds required by the Contract Documents shall file with each bond a certified copy of a Power of Attorney duly acknowledged before a notary public authorizing the attorney-in-fact to execute said bonds in behalf of the surety.

0.11 Certificate of Surety

Each bidder must accompany his bid with an appropriate certificate from a surety company duly authorized to issue bonds in New Jersey and satisfactory to the Owner, stating that such surety company will provide the bidder with the bonds in such sums as are required by the Contract Documents for the faithful performance of the Contract including the payment of the labor and material furnished in the prosecution thereof and the faithful performance of the contract provi-sions relating to Contract warranties and the repair and maintenance of the Contract Work and keeping the same in good and serviceable condition. All surety bonds in connection with the advertisement and award of this Contract must be written by a surety company whose qualification and authority to issue bonds in New Jersey has been certified by the New Jersey Commissioner of Insurance pursuant to the provisions of N.J.S.A. 17:17-1 et seq. The Certificate of Surety must have attached to it a valid power of attorney, issued by the surety, stating that the person who signed the Certificate on behalf of the surety is authorized to commit the surety to the issuance of bonds in an amount at least equal to the total bid.

With respect to all payment and performance bonds in the amount of $850,000 or more, the surety must hold a current Certificate of Authority issued by the United States Secretary of the Treasury pursuant to 31 U.S.C. Sec. 9305, that is valid in New Jersey as listed annually in the United States Treasury Circular 570, all as required by and subject to the exceptions and exemptions of N.J.S.A. 2A:44-143.

With respect to payment and performance bonds in the amount of more than $3.5 million, there are further certification requirements under N.J.S.A. 2A:44-143 which must be observed.

N.J.S.A. 2A:44-143 requires that a Surety Disclosure Statement and Certification be attached to the payment and performance bonds. The requisite form of such Certification is set forth in the Bid pages herein. The Owner may not accept a payment bond or a performance bond unless the required Surety Disclosure Statement and Certification, complete in all respects and duly acknowledged according to Law, is attached thereto.

0.12 Obligation of Bidders

At the time of the opening of bids, each bidder will be conclusively presumed to have read and to be thoroughly familiar with the Contract Documents, including all addenda and interpretations issued. The failure or omission of any bidder to examine the Contract Documents and any addenda thereto or interpretations thereof shall in no way relieve the bidder from any obligation in respect of his bid. Failure of the bidder to acknowledge the bidder’s receipt of any notice or revisions or addenda to the advertisement or bid documents, in the manner set forth in the Bid

122018-NF (Rev. No. 31) IB-5 pages of the Contract Documents, shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the Owner.

0.13 Examination of and Familiarity with the Work

Each bidder must inform himself fully of the conditions under which the Work will be performed.

Failure to do so will not relieve the successful bidder of the obligation to furnish all plant, labor, material, equipment, facilities and services necessary to carry out the provisions of the Contract Documents, and to complete the Work for the consideration set forth in the bid.

Bidders are expected to read and become familiar with the Contract Documents, including all addenda; to visit the site of the Work; to make their own estimates of the plant, labor, material, equipment, facilities and services needed to perform the Work; to make any required tests and inspections and to evaluate the difficulties attending the execution of the proposed Contract, including local conditions, site conditions, location and availability of utilities, labor, transportation facilities, uncertainties of weather, subsurface conditions and other contingencies. In no case will the Owner or the Engineer assume any responsibility whatsoever for any interpretation, deduction or conclusion to be drawn from the Bidder's examination of the site where the Work is to be performed. Failure to become aware of all conditions affecting the Work will not relieve the successful bidder from assuming all responsibility for estimating the difficulties and cost of completely performing the complete Work. The failure or omission of any bidder to receive or examine any form, instrument or document; or to make any required tests or inspections shall in no case relieve the successful bidder from any obligation under the Contract Documents.

Neither the Owner nor the Engineer make any express or implied representations or warranties as to the accuracy of the information shown on drawings of any previous construction or any interpretation of same. The Contractor shall ascertain by his own field inspections the accuracy of the information shown on any existing drawings or reports.

0.14 Bidder Submissions

In order to be considered an adequate submission, each mandatory item listed on the Vendor Questionnaire must meet the requirements of the relevant statue and, in the case of the execution of the Contract Documents, must be legally binding on the bidder. The failure of the bidder to provide any item in proper form by the time set for award shall result in the rejection of the Bid. These items identified on the Vendor Questionnaire are mandatory for award.

0.15 Rescission of Award

It is expressly understood and agreed by the bidder that, in addition to and not in lieu of any other provisions of the Contract Documents, the Owner shall condition any award made by it upon consummation of financing and/or upon receipt of the necessary approvals of the State and Federal agencies involved and, further, may, at any time, rescind any award made by it, if financing satisfactory to the Owner cannot be consummated as contemplated, if such financing does not continue to be available on terms satisfactory to the Owner, if the requisite State and Federal agencies do not approve said Contract, or if any court of competent jurisdiction shall enjoin or otherwise prohibit the Owner from proceeding with the work.

0.16 Failure of Bidders to Enter Contract

On a date and time to be set by the Owner and notified to the successful bidder, but in any case within twenty-one (21) days, Sundays and holidays excepted, after notification of the award of the Contract, the successful bidder shall deliver as directed at time of execution to the Owner, in quadruplicate, the duly executed Contracts. The successful bidder shall simultaneously deliver to the Owner an executed Performance Bond of a responsible surety company authorized to issue

122018-NF (Rev. No. 31) IB-6 bonds in New Jersey and satisfactory to the Owner, as specified herein, and evidence of all certificates of insurance required in the Contract Documents.

The Contractor shall also submit at that time a detailed Cost Breakdown as further described in the Article of the Information for Bidders, entitled, "Cost Breakdown, Construction Schedule and Shop Drawing Schedule." This Cost Breakdown must be satisfactory to the Owner prior to the Owner's signing the Contract and may or may not, in the discretion of the Engineer, be used by the Engineer as a basis for evaluating periodic Applications for payment.

The Contractor shall also submit at that time a detailed Construction Schedule Bar Graph and detailed Shop Drawing Submission Schedule, which are further described in the Article of the Information for Bidders, entitled, "Cost Breakdown, Construction Schedule Bar Graph and Shop Drawing Submission Schedule" and which must be satisfactory to the Owner prior to the Owner's signing the Contract. Copies of the referenced documents shall be provided to the Engineer at the same time.

Should the successful bidder fail or refuse to execute and deliver the Contract, bonds, certificate of insurance, Cost Breakdown, Construction Schedule Bar Graph, Shop Drawing Submission Schedule, or any of them, satisfactory to the Owner, within twenty-one (21) days after the Contractor has received notice of the award, Sundays and holidays excepted, or within such further time period as the Contractor and Owner may in writing agree, the Owner shall have the right to rescind the award and declare the amount of the Contractor's bid security to be forfeited to the Owner, as liquidated damages for such failure or refusal.

0.17 Security for Faithful Performance and Maintenance (Bonds)

The execution of the Contract is contingent inter alia upon the Contractor's furnishing of the Per-formance Bond as set forth herein.

The Performance Bond shall be in a sum equal to 100% of the accepted bid as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection with the Contract. The Performance Bond shall remain in effect until completion and acceptance by the Owner as specified in the Article of the Contract, entitled "Final Estimate and Payment (XXXVI)"; and the furnishing of the Maintenance Bond to cover the Contractor's obligations specified in the Article of the Contract, entitled "Maintenance Period (XLI)".

The Maintenance Bond shall be in a sum equal to 100% of the Contract Price according to N.J.S.A. 40A:11-22, as security for the faithful performance of the Contract during the Maintenance Period, as specified in the Articles of the Contract, entitled "Warranty (XL)" and "Maintenance Period (XLI)". The Maintenance Bond shall be furnished to the Owner prior to completion and acceptance by the Owner as specified in the Article of the Contract, entitled "Final Estimate and Payment (XXXVI)" and shall remain in effect for a period of two (2) years from such completion and acceptance.

The Performance Bond and Maintenance Bond shall be in the forms included in the Contract Documents, or in equivalent forms which have received the prior approval of the Owner's Attor-ney.

An attorney-in-fact who signs any bonds must file with each bond a certified copy of his power of attorney authorizing him to execute said bonds on behalf of the surety.

122018-NF (Rev. No. 31) IB-7

0.18 Interference or Delay

Insofar as possible, the Contractor must employ such methods or means so as will not cause any interruption of or interference with the Work of any other contractor or subcontractor on this Con-tract or on any other on-going project contracted for by the Owner, or operations conducted by the Owner, whether or not they are directly associated with this Contract. All contractors will be required to cooperate to the end so that the Work will be brought to a successful conclusion as rapidly as possible, but the Owner cannot guarantee that no interference or delay will be caused thereby. In the event that the delay is caused by the Owner’s negligence, bad faith, active interference, or tortious conduct, then the Contractor may make a claim for its damages caused by said delay. The Owner will review and evaluate the merits of each claim submitted. The Owner will endeavor to work cooperatively with the Contractor to resolve these issues in a timely manner. The Contractor shall refer to the requirements of Article 0.24 Information for Bidders, entitled, "Cost Breakdown, Construction Schedule and Shop Drawing Submission Schedule."

0.19 Lines and Grades

Attention of bidders is directed to the following specific requirements regarding the establishing and transferring of lines and grades.

a) The Engineer will establish the locations as shown on the Contract Drawings. The Contractor shall run all offset lines, set the drive stakes, set batter boards, and take all other measurements in order to lay out the Work in accordance with the Contract Documents. The Contractor shall be aware that the alignment may change slightly due to the existing utilities.

b) No separate payment will be made to the Contractor for the cost of establishing lines and grades or for the cost of assisting the Engineer in checking of the Work or for delay in checking the Work, but the cost thereof shall be included in prices bid for the various items.

0.20 Insurance Requirements

The Contractor shall not commence any work under the Contract until the Contractor has obtained, at the Contractor's own expense, all insurance as set forth in the Contract Article entitled, "Insurance (VII)" and has delivered all certificates of insurance as required by the Article VII, Insurance, set forth in the Contract. The Contractor shall not permit any subcontractor of any tier to begin work until the required insurance and certificates of insurance have been provided to the Owner and Engineer by the subcontractor. Such insurance and certificates of insurance must be in a form satisfactory to the Owner.

Ocean County, Atlantic Coast Recycling, and Mott MacDonald shall be named as additional insureds on all certificates of insurance submitted by the Contractor, except Workers’ Compensation Insurance.

0.21 Time Limit

The Contractor is required to begin work within ten (10) calendar days of Contractor's receipt of a written Notice to Proceed issued by the Owner. The Contractor shall prosecute the work diligently and uninterruptedly, at a rate to ensure completion sufficient for final acceptance of all work within 90 consecutive calendar days from the day of the Contractor's receipt of the written Notice to Proceed.

122018-NF (Rev. No. 31) IB-8

0.22 Damages

The bidder shall refer to the Article of the Contract entitled, "Damages and Liquidated Damages

(XXII)".

0.23 Site Conditions

Bidders are encouraged to visit the site to witness the conditions.

0.24 Cost Breakdown, Construction Schedule and Shop Drawing Submission Schedule

On a date and time set by the Owner and notified to the successful bidder, but in any case within twenty-one (21) days, Sundays and holidays excepted, after notification of the award of the Contract, the successful bidder shall deliver to the Owner and the Engineer (in addition to the other documents referred to in the Article of the Information for Bidders entitled, "Failure of Bidders to Enter Contract (0.16)"), a detailed Cost Breakdown, a detailed Construction Schedule Bar Graph, and a detailed Shop Drawing Submission Schedule. The breakdown and schedules are for the review of the Owner and the Engineer who may elect to comment upon the contents as it may suit their respective interests. No Contract will be signed by the Owner until these documents are accepted by the Owner and Engineer. The Contractor hereby agrees to any extension of the time limit set forth in N.J.S.A. 40A:11-24(b) necessary for this purpose.

Neither the comments upon nor the acceptance of the Cost Breakdown or Construction Schedule Bar Graph or Shop Drawing Submission Schedule by the Owner or Engineer shall relieve the Contractor of his responsibility for the means, methods, techniques, sequences and procedures of construction, or for the safety precautions and programs incident thereto; and neither the Owner nor the Engineer will be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents.

The detailed Cost Breakdown will be a reference document to which the Owner and Engineer may (but need not) refer in determining the value of the work-in-place in order to approve the periodic Applications for Payment. The detailed Cost Breakdown must be sufficiently detailed to permit complete appraisal of the work to the degree that will permit all parties to be fairly treated.

This breakdown may, but will not necessarily be used as a basis for determining the cost of any change orders which might occur during the period of construction.

The Cost Breakdown shall set forth, in detail, a true and representative breakdown of costs, by each major Specification Division, for each of the individual components listed in the Scope of Contract; and shall include the expected delivered costs of all materials and equipment to be installed and the costs for the plant, labor, construction equipment, facilities, services and over-head to be incurred in connection with each such component and in connection with the Contract generally. The Cost Breakdown must also include line items for testing and maintenance, where applicable. The Cost Breakdown shall, as nearly as possible, reflect the true cost of each item, and the Owner reserves the right to reject the Cost Breakdown if the Owner considers it unbalanced, unreasonable, unsatisfactory or lacking in detail. The burden of proof shall be upon the Contractor to substantiate the correctness of the proposed Cost Breakdown as fit for its intended purpose. If the Contractor fails to provide a Cost Breakdown satisfactory to the Owner, the Owner shall, in its sole discretion, have the right to have a Cost Breakdown supplied by the Engineer and, in such case, the Contractor agrees to be bound by the Cost Breakdown to be sup-plied by the Engineer. In preparing his bid, the Contractor shall limit mobilization costs in accordance with N.J.A.C. 7:14-2.9(b).

The Construction Schedule Bar Graph is to be a graphical representation of all significant con-struction and construction-related activities indicating their duration and the concurrence with the various contract activities.

122018-NF (Rev. No. 31) IB-9

The Construction Schedule Bar Graph must be in accordance with the calendar days permitted for construction and the Intermediate Completion Times and must indicate appropriately the percentage of work scheduled for completion by any given day of the Schedule.

The detailed Shop Drawing Submission Schedule must account for each item for which shop drawings are required, must indicate the equipment manufacturer proposed for use and the time frame estimated from first submittal to projected final approval of any item.

The Contractor shall enter his actual progress on the Construction Schedules and shall deliver copies to the Owner and Engineer at least once each month. If at any time, in the opinion of the Owner, progress is not being maintained as required by the Construction Schedules, amendments shall be made to the Construction Schedules to regain the progress in the work required by the Contract Documents, without additional cost to the Owner. In this circumstance the Owner may require the Contractor to increase its level of effort and to submit for review any amendments to the Construction Schedules as the Owner deems necessary to demonstrate how the required rate of progress will be regained. The amendments shall be subject to the review of the Owner, but action or inaction by the Owner shall not relieve the Contractor of any responsibility under the Contract. Failure of the Contractor to comply with the requirements of the Owner shall be grounds for the Owner to order the Contractor to discontinue the work under the Article of the Contract entitled, "Right of the Owner to Terminate the Contract (XLIII)” or Give a Three (3) Day Deficiency Notice.

Further, the Contractor may be required by the Owner to submit supplementary Construction Schedules, concurrent with applications for monthly progress payments, which will show the order in which the Contractor will start various parts of the work and the estimated dates of com-pletion of these parts. Such submissions, acceptable to the Owner and Engineer, may be a prerequisite for consideration of applications for progress payments and shall be revised to indi-cate the progress of the work and the projected schedule at the time of the applications for the progress payments.

0.25 Field Measurements

Contractor to field measure the existing structures, equipment, pits prior to the design and fabrication of new equipment and structural elements.

0.26 Preconstruction and Progress Photographs N/A (NOT IN CONTRACT)

0.27 Subsurface Structures and Utilities N/A (NOT IN CONTRACT)

0.28 Materials and Equipment

In order to establish standards of quality, the Engineer, in the detailed specifications, may have referred to certain “Brand Name” products by name and/or catalog number. This procedure is not to be construed as eliminating from competition other products of equivalent or better quality by other suppliers or manufacturers where fully suitable in design and manufacture.

The Contractor's bid must be based upon the materials and equipment named in the Specifica-tions, or materials and equipment of equivalent quality and effectiveness. The first named supplier shall be considered as the standard of reference, for the Engineers design and for the equivalency determination to be made by the Engineer.

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A. Proprietary Goods and Services

Engineering may require Contractor to provide certain specified goods and services that are proprietary in nature. In such cases, the goods and services may be purchased by stipulating the proprietary goods and services in the bid specification in any case in which the resolution authorizing the contract so indicates, and the special need for such proprietary goods or services is directly related the performance, completion or undertaking of the purpose for which the contract is awarded.

B. Equivalent Materials and Equipment

Following execution of the Contract with the successful bidder, the Contractor may then submit to the Engineer for consideration the use of materials and equipment which the Contractor believes to be equivalent to or better than those specified. Requests for review of equivalent items of material and equipment will not be accepted by the Engineer from anyone other than the Contrac-tor.

To be considered an equivalent, the materials and equipment must be shown by the Contractor to meet all requirements of the Specifications herein; be of similar type, function and quality; be cost effective, as compared to the materials and equipment named, in all respects, including first costs, operating costs and maintenance costs; and must perform satisfactorily.

C. Substitution of Materials and Equipment

The procedure to be followed for review of proposed substitutions for the materials and equipment not equivalent to those specified is as follows:

Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make a written application to the Engineer for acceptance thereof, certifying that the proposed substitute will be similar and of equal or better substance and quality to that specified, will be suited to the same use and will perform properly the same functions as that specified.

The application will state whether or not acceptance of the substitute for use in the work will require a change in the Drawings or specifications to adapt the design to the sub-stitute and whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available warran-ties, maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such a substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Engineer in evaluating the proposed substitute.

The Engineer may require the Contractor to furnish at the Contractor's expense, addi-tional data about the proposed substitute including without limitations the anticipated reduction of the Contract Price. The Engineer will be the sole judge of acceptability and no substitute will be ordered or installed without the Engineer's prior written acceptance.

The Owner may require the Contractor to furnish, at the Contractor's expense, a special performance guarantee or other surety with respect to any substitute.

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D. Furnishing of Different Materials or Equipment: Substitute and Equal

The following provisions shall apply to the furnishing of materials or equipment that are substitutes for or that are to be considered as equals to those called for in the specifications.

As used herein, “substitute” materials or equipment refers to a difference between what the Engineer designed and what the Contractor proposes to provide such that some design change or other accommodation would be required. A substitute would include, but not be limited to, materials or equipment that accomplish the same goal as the specified materials or equipment, but may have different size, shape, electrical characteristics, or structural or mechanical requirements, and, therefore, would require possible redesign by the Engineer, or possible changes in construction.

As used herein, “equivalent” or “equal” materials or equipment refers to materials or equipment that are essentially the same as those which were specified, but come from a different manufacturer, and may therefore have minor differences but do not require any redesign, or construction changes to accommodate.

It shall be the responsibility of the Contractor to ensure that materials and equipment to be furnished, including any substitute or any equal materials or equipment, fit the space available.

The Contractor shall make necessary measurements to ascertain space requirements, including those for connections.

All redesign and other additional costs incurred by the Owner as a result of the Contractor's furnishing substitute or equal materials or equipment shall be borne by the Contractor.

All materials and equipment must be new unless expressly stated otherwise in the Contract Documents.

The Contractor is responsible for providing documentation for review by the Engineer of any proposed substitute materials or equipment and any proposed equal materials or equipment so as to enable the Engineer to determine if the proposed materials or equipment are acceptable.

For any proposed substitute materials or equipment, the Engineer will record the time required by the Engineer and the Engineer's consultants in evaluating the Contractor's proposals for any substitutions for items named in the specifications and in making changes in the Drawings or Specifications occasioned thereby.

Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse the Owner for the charges of the Engineer and the Engineer's consultants for evaluating any proposed substitution for named items. All redesign and other additional costs incurred by the Owner as a result of the Contractor’s furnishing substitute materials or equipment shall be borne by the Contractor. The Owner shall bear the cost of reviewing “proposed equivalent or equal” materials and equipment.

Following review and written acceptance by the Engineer and Owner, the Contractor may proceed with ordering and installing the substitute materials and equipment, or the equivalent or equal materials and equipment, as the case may be.

0.29 Construction Terms and Conditions

The bidder is advised that the terms and conditions set forth in the Contract Documents will be rigidly enforced. This Information for Bidders is included as part of the Contract Documents.

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0.30 Nondiscrimination Provisions

Bidders are required to comply with all applicable Federal and State Statutes, Rules and Regula-tions including but not limited to Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000d-2000D-4A) and the discrimination and affirmative action provisions of N.J.S.A. 10:2.1 through 10:2-4, the New Jersey Law against Discrimination, N.J.S.A. 10:5-1, et. seq., and the rules and regulations promulgated pursuant thereto.

Prior to award, the successful bidder must submit a signed certification stating that it and its subcontractors shall comply with the discrimination and affirmative action provisions of N.J.S.A.

10:2-1 through 10:2-4, the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et. seq.), and the rules and regulations promulgated pursuant thereto, including but not limited to N.J.A.C.

17:27-1 et. seq.

Successful bidders shall, upon request, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work, together with supporting information to the effect that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the contract or, a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the Contract.

0.31 State Mandatory Affirmative Action Language, Construction Contracts

Refer to “Mandatory Equal Employment Opportunity” language provided on Procurement Portal.

0.32 Solid Waste Disposal

The bidder is directed to N.J.A.C. 7:26-1, et. seq., Rules of the Department of Environmental Protection, Division of Solid and Hazardous Waste. The Contractor shall be required to follow the applicable rules and regulations. In general, these regulations require that all solid wastes (including, without limitation, concrete, black top, demolition or construction debris, unacceptable fill, etc.) must be disposed in an approved, licensed disposal facility. Also, any truck hauling this type of material to a landfill must obtain all permits and/or licenses required by the New Jersey Department of Environmental Protection.

Prior to the removal of any solid waste material from the site, the Contractor shall submit a written statement from a licensed solid waste disposal facility operator which grants the Contractor permission to use the facility for the disposal of materials originating at the Owner's project site.

Under the price bid, the bidder shall include the cost of all permit and disposal fees and hauling costs which may be necessary for compliance with all applicable laws and regulations.

0.33 New Jersey State Sales and Use Tax Exemption

Materials and equipment purchased for permanent installation in the project will be exempt from the New Jersey State Sales and Use Tax. Each Bidder shall take this exemption into account in calculating his bid. It shall be the Contractor's responsibility to file the necessary exemption applications.

0.34 Allowances N/A (NOT IN CONTRACT)

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0.35 Department of Labor, Safety and Health Regulations

The Contractor shall comply with all applicable requirements of the Federal Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1972 (P.L. 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (P.L. 91-54).

0.36 Prompt Payment

Provided the Contractor is performing all obligations required under the Contract Documents, the Owner agrees to make payment to the Contractor at least once each month as the work pro-gresses and to retain only such amounts as may be permitted by law and the Contract Docu-ments and in accordance with Prompt Payment Act, N.J.S.A. 2A:30A-1 et seq.

0.37 Construction Plans and Specifications

Upon award of the Contract, the Contractor may obtain, free of charge, four (4) complete sets of Drawings and Specifications. Additional sets of Drawings and Specifications may be purchased by the Contractor for the cost of printing and shipping.

0.38 Bidders Referred to Laws and Safety

The attention of all bidders is specifically directed to the provisions of Federal, State, County and Municipal laws, statutes and regulations that may apply to the work, including particularly all safety regulations. The provisions of the U.S. Occupational Safety and Health Act (OSHA) and its implementing regulations and all safety standards promulgated thereunder shall be observed by the Contractor in the performance of the Contract, whether or not they would otherwise be applicable.

Such provisions refer to obstruction of streets, traffic safety, open burning, maintaining of signals, excavation, storing and handling of explosives, etc. Particular note is to be taken of those provisions affecting the Contractor and his employees in the prosecution of the work and his relation to any political subdivision or person. All applicable laws, statutes, ordinances and regulations shall be obeyed and complied with by the Contractor, his subcontractors and all of his representatives, including, without limitation, all applicable provisions of Federal and New Jersey State Labor Laws.

The Contractor shall be solely and completely responsible for conditions in, on or near the job site, including safety of his operations during performance of the work. This requirement will apply continuously 24 hours a day until final acceptance of the Work by the Owner and shall not be limited to normal working hours.

Construction observation of the Contractor's performance by the Engineer is not intended to and shall not include review of the adequacy of the Contractor's safety measures, in, on or near the construction site.

The Contractor shall provide to the Owner and the Engineer, in writing, prior to beginning any work, the names and emergency telephone numbers of the Contractor’s “competent person” or “competent persons” as defined in 29 CFR Section 1926.32 (f), one or more of whom shall be present at the construction site at all times whenever construction activities are taking place.

Prior to beginning any work, the Contractor shall also submit emergency action plans, where applicable and as required by OSHA, Title 29 CFR, Part 1910 and Part 1926. In addition to any action plan required by OSHA, a written emergency action plan shall be required for confined space entry, trenching/excavation, underground and overhead utilities.

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0.39 Subcontractor Requirements

The laws pertaining to public bidding in the State of New Jersey on contracts for the erection, alteration or repair of any public building, require that a prime contractor list his subcontractors at the time of bid for any of the following subcontracted work:

(1) The plumbing and gas fitting and all kindred work;

(2) Steam power plants, steam and hot water heating and ventilating apparatus and all kindred work;

(3) Electrical work; and

(4) Structural steel and…