Supplemental_Specifications.pdf

Sheet 1

DRAINAGE IMPROVEMENTS TO OSBORNE AVENUE AND LAKE AVENUE, BOROUGH OF BAY HEAD AND

BOROUGH OF POINT PLEASANT BEACH

OCEAN COUNTY BOARD OF COMMISSIONERS

TOMS RIVER, NEW JERSEY

CONTRACT AND BOND

DRAINAGE IMPROVEMENTS TO OSBORNE AVENUE AND LAKE AVENUE

BOROUGH OF BAY HEAD AND BOROUGH OF POINT PLEASANT BEACH

OCEAN COUNTY, NEW JERSEY

COMMISSIONERS:

Gary Quinn, Director Gerry P. Little Virginia E. Haines John P. Kelly Joseph H. Vicari

John N. Ernst Ocean County Engineer August 2021

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SUPPLEMENTARY SPECIFICATIONS

AUTHORIZATION OF CONTRACT

The Contract for this project is authorized by the provisions of local public contracts law, N.J.S.A. 40A:11-1 et seq.

INSTRUCTIONS TO BIDDERS

This Contract shall comply strictly with all the requirements of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction for 2019, including all Baseline Document Changes, except as amended, modified or supplemented herein and which Specifications are made part of these Supplementary Specifications. The New Jersey Department of Transportation Standard Construction Details shall govern except insofar as same are modified or changed in detail drawings prepared especially for this particular Project.

Baseline Document Change (BDC) Announcements are notices that a Baseline Document has been modified in part or in whole. A Baseline document is defined as any official document that has gone through an initial approval process and was approved for use as intended. Thus a BDC is an alteration to or rewriting of any officially approved document. New documents are also announced with a BDC. For additional BDC’s to the 2019 specs that are not covered in this document:

http://www.state.nj.us/transportation/eng/documents/BDC/.

MINIMUM WAGE RATES

The minimum wage rates for labor employed on this Contract shall be as specified in the "Prevailing Wage Rate Determination" of the New Jersey Department of Labor and Workforce Development which is in effect on the date the Project is awarded.

The Contractor is put on notice that he must pay workmen the prevailing wage rate promulgated by the New Jersey Department of Labor and Workforce Development for this Project, copies of which are on file in the Ocean County Engineer's Office and which will be updated to the date of award and will be made a part of this Contract, pursuant to N.J.S.A.34:11:-56.25 et seq.

In the event it is found that any workman employed by the Contractor, or any Subcontractor covered by the Contract, has been paid a rate of wages less than the prevailing wage required to be paid by the Contract, the County may terminate the Contractor's or Subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The Contractor and his Sureties shall be liable to the County for any excess costs occasioned thereby.

DIVISION 100 - GENERAL PROVISIONS

SECTION 101 - GENERAL INFORMATION

GENERAL

Award of contract and subletting will not be permitted to, materials will not be permitted from, and use of equipment will not be permitted that is owned and/or operated by, firms and individuals included in the report of suspensions, debarments and disqualifications of firms and individuals as maintained by the Department of the Treasury, Division of Purchase & Property, Contract Compliance & Administration, Trenton NJ 08625 (609-292-5400).

Payment for a pay item in the proposal includes all the compensation that will be made for the work of that item as described in the contract documents unless the "Measurement and Payment" clause provides that certain work essential to that item will be paid for under another pay item.

Whenever any Section, Subsection, Subpart or Subheading is amended by such terms as changed to, deleted or added, it is construed to mean that it amends that Section, Subsection, Subpart or Subheading of the 2019 Standard Specifications unless otherwise noted.

Whenever reference to page number is made, it is construed to refer to the 2019 Standard Specifications unless otherwise noted.

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Henceforth in this supplementary specification whenever reference to the State, Commissioner, Department, Engineer or Inspector is made, it is construed to mean the particular municipality or County executing this contract.

Whenever reference to Title 27 is made, it is construed to mean Title 40.

Materials or assemblies as specified will be accepted on the basis of certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract.

Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with the contract requirements, will be subject to rejection whether in place or not. The Contractor shall require the manufacturer or supplier to furnish three copies of certificates of compliance with each delivery of materials, components and manufactured items that are acceptable by certification. One copy shall be furnished to the Engineer, one copy shall be furnished to the District Office Division of Local Government Services and Economic Development and one copy shall be retained by the Contractor.

Certificates of compliance shall contain the following information:

Project and location to which the material is consigned.

Name of the Contractor to which the material is supplied.

Kind of material supplied.

Quantity of material represented by the certificate.

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

Date and method of shipment.

Statement that the material has been tested and found in conformity with the pertinent contract requirements stated in the certificate.

Signature of a person having legal authority to bind the supplier.

Signature attested to by a notary public or other properly authorized person.

Payments relative to materials supplied to be accepted on the basis of certificates of compliance shall not be made until the Engineer has in his possession an acceptable certificate of compliance.

101.03 Terms.

All references to "Commissioner", "Department" or "State" shall be interpreted to mean "County". All references to "Engineer" or “ME” shall be interpreted to mean "County Engineer".

101.04 Inquiries Regarding the Project.

Inquiries prior to bids in accordance with this Subsection shall be addressed to: Sean Areia, PE, CME, Ocean County Engineering Department, 129 Hooper Ave., PO Box 2191, Toms River, NJ 08754, Telephone: 732-929-2130.

SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS

102.01 Qualification to Bid.

The requirements of this Subsection of the Standard Specifications are hereby deleted.

102.02 Bidder Registration and Downloading of the Proposal Documents.

The requirements of this Subsection of the Standard Specifications are hereby deleted.

102.03 Revisions Before Submitting a Bid.

The requirements of this Subsection of the Standard Specifications are hereby deleted and the following substituted therefor:

In accordance with N.J.S.A. 40A:11-23(c)(2), the County will only issue written or graphic information to clarify, correct or change the Proposal documents, contract or bidding notices as addenda. The Bidder shall acknowledge all addenda before the opening of bids. The County will not accept the bid if the Bidder has not acknowledged all addenda.

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Certain addenda contain amendments. Amendments require revisions to the schedule of items to be bid, in which case the County will include with the addenda a revised schedule of quantities. This revised schedule sheet MUST be used in the bid. The County has the right to reject any bid not using this revised schedule of quantities.

102.04 Examination of Contract and Project Limits.

The following is added to this Subsection of the Standard Specifications:

(1) Evaluation of Subsurface and Surface Conditions.

There are no boring logs or pavement cores for this project.

102.07 Preparation of the Bid.

The bid is the completed Proposal documents that are submitted electronically by the Bidder to the County at the time for the opening of bids, as stipulated in the Notice to Bidders. The Bidder must submit a bid electronically through the County’s ProcureNow Portal.

Please do not submit a paper bid submission. Paper bid submissions and/or multiple submissions will be cause for rejection. The Bidder shall include all addenda in the bid. The Bidder shall specify a price in numerals for each Item. The Bidder shall insert the price in the box provided for the lump sum Item under the column designated as “Unit Cost.” For unit price Items, the Bidder shall insert the per unit price under the column designated “Unit Cost” in the appropriate box at the location provided therefore. When the Bidder intends to bid zero ($0.00) for an Item, the Bidder shall insert a “0” in the “Unit Cost” column for unit price Items.

When the Proposal contains alternate Items, the Bidder shall insert only the unit price and amount for the lowest priced alternate Item. When alternate Items in the Proposal have a lump sum pay quantity, the Bidder shall insert only the amount for the lowest priced alternate Item. The Bidder shall construct the alternate Item for which a price has been provided. When the Proposal contains groups of alternate Items, the Bidder shall insert only the unit price and amount for each Item within the lowest priced alternate group. The Bidder shall construct the alternate group of Items for which a price has been provided.

The only entries permitted in the bid are the unit or lump sum prices for Items to be bid. The software will perform all extensions of the unit or lump sum prices and calculate the total bid amounts.

102.09 Proposal Bond.

The second paragraph of this Subsection of the Standard Specifications is hereby deleted and replaced by the following:

The proposal when submitted shall be accompanied by a guarantee in the amount of not less than ten percent (10%) of the total sum bid, provided such guarantee shall be for no more than twenty thousand ($20,000.00) dollars. The guarantee may be in one of the following three forms: cashier’s check, certified check or Proposal Bond. The guarantee shall be payable to the County of Ocean. In the event that a cashier’s check or certified check is used, evidence of ability to furnish a Performance Bond and a Payment Bond in accordance with Subsection 151.03.01 must also accompany each bid.

102.10 Submission of Bids.

The first paragraph of this Subsection of the Standard Specifications is hereby deleted.

The seventh paragraph of this Subsection of the Standard Specifications is hereby deleted.

SECTION 103 - AWARD AND EXECUTION OF CONTRACT

103.01 Award of Contract.

The first paragraph of this Subsection of the Standard Specifications is changed to read as follows:

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The Award of Contract, if it be awarded, will be to the lowest responsible bidder whose Proposal conforms in all respects to the requirements set forth in the Contract Documents. The County will award the Contract or reject all bids within 60 days after the bids are received. When the County cannot make an unconditional award, this time limit may be extended by mutual agreement for one 30-day interval.

SECTION 104 - SCOPE OF WORK

104.01 Intent.

The following is added to this Subsection of the Standard Specifications:

The work to be performed under this Contract consists of regrading the intersection of Osborne Avenue and Lake Avenue in the Borough of Bay Head with approximately 1,744 square yards of HMA milling, 204 tons of hot mix asphalt surface course, 103 tons of hot mix asphalt base course, and 496 linear feet of concrete curb. Work also includes the replacement of an existing drainage system from Osborne Avenue north to New Jersey State Highway Route 35 in the Borough of Point Pleasant Beach, as well as the connection of a 16” P.V.C. force main within the same limits. Work generally consists of installation of approximately 170 linear feet of 30” R.C.P., 473 linear feet of 36” H.D.P.E. pipe, two (2) manholes, five (5) type “B” inlets, and 490 linear feet of 16” P.V.C. force main connecting one (1) existing capped 16” P.V.C. force main to one (1) capped 12” D.I.P. pipe.

104.03.03 Types of Changes.

3. Changes in the Character of Work.

The following is added to this Subsection of the Standard Specifications:

The provisions set forth in N.J.S.A. 40A:11-16.7 shall be deemed a part of this Contract.

104.03.09 Delay Damages.

This entire Subsection of the Standard Specifications is hereby deleted.

SECTION 105 - CONTROL OF WORK

105.01.02 Inspection.

The first sentence of this Subsection of the Standard Specifications is changed to read as follows:

Inspectors employed by the County are authorized by the Engineer to inspect all work done and materials furnished.

The following is added to this Subsection of the Standard Specifications:

Inspection services will be provided by the County Engineer.

105.04 Plans and Specifications.

The following is added to this Subsection of the Standard Specifications:

Copies of the Standard Specifications and Baseline Document Changes may be obtained from the New Jersey Department of Transportation.

105.05 Working Drawings.

The third sentence of the third paragraph of this Subsection of the Standard Specifications is hereby deleted and the following substituted therefor:

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The Contractor shall submit to the County Engineer two (2) sets of complete and fully detailed shop or working drawings required for carrying out the Project in accordance with procedures prescribed in this Subsection of the Standard Specifications. One set will be returned to the Contractor and one set will be kept as a record copy in the office of the County Engineer.

The following is added to this Subsection of the Standard Specifications:

The ninth paragraph is changed to:

Submit working drawings for certification or approval as specified in Table 105.05-1. This list is not all inclusive. Ensure that the working drawings submitted for approval are signed and include an embossed seal by a Professional Engineer. The working drawings submitted for certification are not required to be signed and sealed by a Professional Engineer unless they alter the original Contract.

105.07 Cooperation with Utilities.

The following is added to this Subsection of the Standard Specifications following 105.07.01A. Initial Notice:

The corporations, companies, agencies or municipalities owning or controlling the utilities are listed below:

GAS MAINS:

New Jersey Natural Gas Co.

Attn: Mark Kurilla, Supervising Engineer Distribution Engineering 1415 Wyckoff Road, P.O. Box 1464 Wall, NJ 07719 Telephone: 732-919-8158

UTILITY POLES AND/OR UNDERGROUND CABLES:

Jersey Central Power & Light Co.

Attn: Harvey Lockley 101 Crawford's Corner Road, Bldg. #1, Suite 1-511 Holmdel, NJ 07733 Telephone: 732-212-4262

Verizon Engineering Attn: Arturo Cabrera 999 West Main Street Freehold, NJ 07728 Telephone: 732-683-5124

A.T. & T.

Attn: Louis Marello Cable Protection Center Engineering Inquiries 400 Hamilton Avenue, Mail Room White Plains, NY 10601 Telephone: 914-467-1097

Sprint Nextel Attn: Mike Brown 484 Williamsport Pike, Box 113 Martinsburg, WV 25404 Telephone: 304-267-2384

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CATV:

Comcast Cable Attn: Tony Vörös 1846 Northwest Boulevard Vineland, NJ 08360 Telephone: (856) 507-2629

Altice Tech Services USA Attn: Jeffrey Polanco 275 Centennial Avenue Piscataway, NJ 08854 Telephone: (732) 317-7344

Altice Tech Services USA Attn: Michael Towney 40 Pine St Tinton Falls, NJ 07753 Telephone: 732-317-7366

WATER AND/OR SEWER MAINS:

Ocean County Utilities Authority Attn: Robert McGlaughlin 501 Hickory Lane - P.O. Box P Bayville, NJ 08721 Telephone: 732-269-4500

Bay Head Dept. of Public Works Attn: Laurence Gilman 81 Bridge Avenue, P.O. Box 248 Bay Head, NJ 08742 Telephone: 732-892-0633

New Jersey American Water Company Attn: George R. Bauer Field Operations Superintendent 149 Yellowbrook Road, Suite 109 Farmingdale, NJ 07727 Telephone: (732) 730-5856

Point Pleasant Beach Borough Attn: John Trout, Director of Public Works 416 New Jersey Avenue - P.O. Box 1048 Point Pleasant Beach, NJ 08742 Telephone: 732-892-1118

Bidders are advised to verify the above information as its accuracy and completeness is not guaranteed by the County.

Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, utility manholes, light standards, cableways, signals, railroad lines and all other utility appurtenances within the limits of the project which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Supplemental Specifications or as noted on the Plans.

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105.07.02 Work Performed by Utilities.

The following is added to this Subsection of the Standard Specifications:

Whenever utility services are encountered in which the private property owner also directly owns the utility service, said utility service shall be relocated by the Contractor. Separate payment will not be made for this relocation but all such costs shall be included in the unit prices bid for the various items of the Contract as listed in the Proposal.

Whenever the temporary relocation or temporary support of public or private facilities is necessitated in order to complete the Project, all such temporary relocation or temporary support costs shall be borne by the Contractor.

When water, sewer and gas house connections, boxes, cleanouts and valves must be relocated or replaced to carry out this Project, the cost of such work shall be included in the prices bid for the various pay items.

The Contractor will be required to coordinate with the utility companies during all stages of the project. Specifically, but not limited to, at the beginning of the project for the relocation of the poles, during construction for the resetting and/or reconstruction of manholes, water valves and fire hydrants. The Contractor is responsible for all damage done to the utilities due to his work or any subconsultant’s work.

General Notes

1. The Contractor shall provide the utility companies with the notices called for in the schedules.

2. The Contractor shall provide the utility companies with survey control and prior to the installation of company facilities, the Contractor and companies shall jointly verify the location.

3. Schedules contained herein are estimated time frames only and are to be verified by the Contractor.

4. Schedules are estimated and may change in accordance with field conditions.

5. Revisions to staging of construction may alter these schedules.

6. Where joint facilities are proposed, the Contractor shall coordinate work with the affected companies.

7. Utilities sharing joint poles shall commence work as soon as the poles are available for each of the individual company disciplines.

8. Utilities can perform their work only after the County’s Contractor has completed its clearing and grading of site as necessary.

9. All distances, stations, offsets and lengths are approximate (plus or minus).

10. Existing facilities can be removed only after relocated facilities have been installed and are in operation.

11. Work performed by the County’s Contractor noted herein is part of the County’s overall operation and is included in the

County project plans and specifications.

12. The Contractor shall provide field layout for horizontal and vertical location of proposed curb or edge of pavement and limits of disturbance.

13. The Contractor shall coordinate field meetings with all utilities to verify the field layout and to verify the limits of clearing to be provided for all utility relocation. Any remobilization required to correct clearing for utility relocation will be done at the Contractor’s sole expense. Clearing site includes clearing for installation of poles, anchors, cables and appurtenances and providing necessary access for utility relocation including guide rail opening and grading as required to place new or relocated facilities.

14. The Contractor shall coordinate with the utilities to establish the location of all test pits necessary to determine conflicts.

The Contractor shall perform all test pits to the satisfaction of the utility companies and the County Engineer. Traffic control for test pits is to be provided by the Contractor.

15. The Contractor shall provide the aerial utility companies with thirty (30) days notice and allow in his schedule a minimum of ninety (90) days to complete aerial relocation for each stage of construction.

16. The Contractor may not start construction within the travel way until all aerial utility relocations have been completed in a particular stage.

17. The Contractor shall provide buried utility companies with thirty (30) days notice and shall thereafter coordinate his operation with the utility schedules. The Contractor shall provide traffic control/lane closures coordination that accommodates the various utility relocations, resets and adjustments.

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18. No separate measurement or payment will be made for any and all coordination and traffic control with the various utility companies.

19. The Contractor’s schedule shall anticipate the minimum lead times estimated herein above or the stated time frames provided by the respective utility companies, whichever is greater.

The Contractor shall lay out all the work to be done by the utility companies using the baselines he has established. This shall include, but not be limited to: offset stakes or hubs to establish proposed utility pole locations and cut sheets for resetting or relocation of existing utility structures. The Contractor shall also include the following when collecting test pit information: station and offset to the baseline, elevation at the top of the utility (when multiple conduits are encountered, the bottom elevation shall be included), and material, type and size of the utility encountered.

The Contractor shall be responsible for verifying which utility poles need to be relocated. If utility poles need to be reset due to Contractor error, he shall be responsible for any charges assessed by the utility companies.

105.08 Environmental Protection.

The requirements of this Subsection shall also apply to lands regulated by the New Jersey Pinelands Commission.

No separate payment will be made for this work.

TEMPORARY PROJECT WATER POLLUTION CONTROL (SOIL EROSION)

PRECONSTRUCTION CONFERENCE.

At the Preconstruction Conference or prior to the start of the applicable construction, the Contractor shall submit for acceptance his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing and grubbing; grading;

bridges and other structures at watercourses; construction; and paving. He shall also submit for acceptance his proposed method of erosion control on haul roads and borrow pits and his plan for disposal of waste materials. No work shall be started until the erosion schedules and methods of operations have been accepted by the Engineer.

SECTION 106 - CONTROL OF MATERIAL

106.03 Foreign Materials.

The following is added to this Subsection of the Standard Specifications:

The attention of the Contractor is particularly directed to N.J.S.A. 40A:11-18 which requires on any contracts for County or Municipal work that only manufactured and farm products of the United States, wherever available, be used in such work. Determination of availability shall be the sole responsibility of the Engineer. Findings by the Engineer of non-availability will be set out in the contract documents.

The attention of the Contractor is directed to all existing federal and state statutes and regulations which prohibit on any public work the use by the Contractor or subcontractor of materials produced or manufactured outside the United States of America. Exceptions to this prohibition, upon the findings of the Engineer, are allowed only where its enforcement would be inconsistent with the public interest or where the material is not produced or manufactured in the United States in commercial quantities and of a sufficient quality.

If the Engineer finds that in the performance of the contract there has been a failure to comply with the provisions relative to foreign materials, he shall make public his findings and no other contract for the construction of any public work by this contracting agent shall be awarded to such Contractor, or to any partnership, association or corporation with which such Contractor is associated or affiliated, within a period of three years after such finding is made public.

Where the use of foreign material is allowed, such material shall be furnished in accordance with the following requirements:

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1. Materials manufactured or produced outside the United States shall be delivered to a location approved by the Engineer where they shall be retained until examination can be completed.

2. The Contractor shall arrange, at his expense, any testing which the Engineer feels necessary to ascertain the acceptability of the material.

3. Each lot of foreign material shall be accompanied by a certificate of compliance. In addition, certified mill test reports shall be attached to the certificate of compliance for those materials for which mill test reports are required and shall clearly identify the lot to which they apply. Certificates of compliance shall contain the following information:

a. Project to which the material is consigned.

b. Name of the Contractor to which the material is supplied.

c. Kind of material supplied.

d. Quantity of material represented by the certificate.

e. Means of identifying the consignment, such as label marking, seal number, etc.

f. Date and method of shipment.

g. Statement that the material has been tested and found in conformity with the pertinent contract requirements stated in the certificate.

h. Signature of a person having legal authority to bind the supplier.

i. Signature attested to by a notary public or other properly authorized person.

SECTION 107 - LEGAL RELATIONS

107.01.01 Applicable Law.

The following is added to this Subsection of the Standard Specifications:

Attention of the Contractor is called to the following State laws and regulations:

N.J.S.A. 45:5A-1, et seq, which provides that the installation, erection, repair or alteration of electrical equipment for the generation, transmission or utilization of electrical energy, must be performed by an electrical contractor duly approved and licensed by the New Jersey Board of Examiners of Electrical Contractors.

It is the obligation of the Contractor to advise the applicable gas utility three business days (Saturdays, Sundays, and holidays excluded) before initiating any excavation in the vicinity of gas facilities.

The Contractor shall make available to the Contractor’s employees, subcontractors, the Engineer and the public, all information pursuant to OSHA 29 CFR Part 1926.59 of the Hazard Communication Standard 29 CFR 1910.1200 and shall also maintain a file on each job site containing all material safety data sheets (MSDS) for products in use at the project. These material safety data sheets shall be made available to the Engineer upon request.

107.01.02 Permits, Licenses and Approvals.

The following is added to this Subsection of the Standard Specifications:

The Contractor is put on notice that these Plans have been submitted for certification from the Ocean County Soil Conservation District regarding soil erosion and sediment control for public facilities.

The Contractor is put on notice that an application has been submitted to the New Jersey Department of Transportation for a Drainage Permit.

The Contractor is put on notice that all permits necessary and required under the State specifications, DEP, Pinelands Commission, Soil Conservation District, EPA, OSHA Regulations, NIOSH recommendations, State of New Jersey regulations and any other applicable federal, state and local government regulations must be obtained prior to commencement of work.

The Contractor shall be required to obtain the necessary permits from the State of New Jersey, Department of Environmental Protection for dewatering through this contract.

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107.02 Discrimination in Employment on Public Works.

This Subsection of the Standard Specifications is deleted in its entirety and replaced with the following:

10:2-1 Antidiscrimination provisions.

10:2-1. Antidiscrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing; for the construction; alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).

Amended 1945, c.l71; 1962, c.213; 1970, c.80, s.7; 1985, c.490, s.9; 1988, c.37, s.8; 1991, c.519, s.lO; 2006, c. l 00, s. l .

107.03 Affirmative Action, Disadvantaged Business Enterprises, or Emerging Small Business Enterprise, and Small Business Enterprises.

It is the public policy of the State and of the United States that no individual, group, firm, or corporation working on or seeking to work on a Public Works Project should be discriminated against on the basis of race, creed, color, national origin, age, ancestry, nationality, marital or domestic partnership status, gender, disability, liability for military service, affectional or sexual orientation, atypical cellular or blood trait, or genetic information (including the refusal to submit to genetic testing). The Department has developed Affirmative Action, Disadvantaged Business Enterprise, or Emerging Small Business Enterprise Programs to implement this policy, and the regulations and requirements applicable to the Contract are contained in the Special Provisions. The Department will resolve conflicts between these regulations and requirements and the other provisions of the Contract to further the above stated public policy.

(REVISED 4/10)

EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27

CONSTRUCTION CONTRACTS

During the performance of this contract, the contractor agrees as follows:

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The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

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(3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

(4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor:

(i) The contractor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Monitoring Program.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept.

of LWD, Construction EEO Monitoring Program upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

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After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA 201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Dept.

of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).

107.11.02 General Insurance.

B. Types.

Paragraph “1. Comprehensive General Liability Insurance” is deleted in its entirety and replaced with the following:

A Commercial General Liability policy shall be issued with minimum limit of liability of $1,000,000 per occurrence as a combined single limit for bodily injury and property damage together with excess coverage or umbrella coverage with the same terms and conditions as the primary underlying coverage (following form) in an amount such that the primary and excess coverage or primary and umbrella coverage together equals or is greater than $10,000,000. Said excess or umbrella policy shall contain a clause stating that it takes effect (drops down) in the event the primary coverage is impaired or exhausted.

The above required Commercial General Liability policy shall name the County, its officers, and employees as additional insureds on a primary / non-contributory basis. The policy shall contain a waiver of subrogation clause in favor of the additional insureds.

The coverage to be provided under this policy shall be provided on ISO form CG 00 01 04 13 or an equivalent form including Premises

- Operations, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Contractual Liability, and Personal Injury and Advertising Injury. No exclusions shall apply to property damage liability arising from explosions or arising from damage to underground utilities and collapse of foundations. The General Aggregate limit must apply on a Per Project basis.

Paragraph “2. Comprehensive Automobile Liability Insurance” is deleted in its entirety and replaced with the following:

The policy shall cover owned, non-owned, and hired vehicles with minimum limits of liability in the amount of $1,000,000. per occurrence as a combined single limit for bodily injury and property damage together with excess coverage or umbrella coverage with the same terms and conditions as the primary underlying coverage (following form) in an amount such that the primary and excess coverage or primary and umbrella coverage together equals or is greater than $10,000,000. Said excess or umbrella policy shall contain a clause stating that it takes effect (drops down) in the event the primary coverage is impaired or exhausted.

The following is added to this Subsection of the Standard Specifications:

Contractual Liability Coverage is afforded to the Contractor under the Commercial General Liability, Auto Liability and Umbrella Liability Policies for bodily injury and property damages associated with their obligation under the hold harmless clause with the County of Ocean, which states that the Contractor shall protect and indemnify the Owner, the Engineer, their officers and agents against any claim or liability except a claim or liability resulting from the sole negligence of the Owner, the Engineer, their officers and agents or by the Owner’s employees or subcontractors; and shall reimburse the Owner, Engineer and Consultants for any costs incurred by them.

The Excess or Umbrella coverage should also follow form to be on a primary/non-contributory basis and waive subrogation against the County and the additional insureds.

3. Owner’s and Contractor’s Protective Liability Insurance

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Hold Harmless Clause:

Hold Harmless Clause shall protect and indemnify the Owner, the Engineer, their Officers and Agents against any claim or liability except a claim or liability resulting from the sole negligence of the Owner, the Engineer, their Officers and Agents or by the Owner's employees or Subcontractors; and shall reimburse the Owner, Engineer and Consultants for any costs incurred by them.

The County of Ocean and the County Engineer will be named insureds on the OCP.

107.13 Litigation of Claims by the Contractor.

This Subsection of the Standard Specifications is deleted in its entirety and replaced with the following:

40A:11-50. Process of resolution for construction contract disputes

All construction contract documents entered into in accordance with the provisions of P.L.1971, c.198 (C.40A:ll-1et seq.) after the effective date of P.L.1997, c.371 (C.40A:ll-50) shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered into pursuant to P.L.1971, c.198 (C.40A:ll-1 et seq.).

Notwithstanding industry rules or any provision of law to the contrary, whenever a dispute concerns more than one contract, such as when a dispute in a contract involving construction relates to a contract involving design, architecture, engineering or management, upon the demand of a contracting party, other interested parties to the dispute shall be joined unless the arbitrator or person appointed to resolve the dispute determines that such joinder is inappropriate.