Supplemental_Specs_-_CR_539_Overpass,_Whiting-New_Egypt_Rd._over_Ridge_Way,_Plumsted_&_Jackson_Twps..pdf

CONSTRUCTION OF CR 539 OVERPASS (STR. NO. 1523-031),

WHITING-NEW EGYPT ROAD OVER RIDGE WAY

FEDERAL PROJECT NO. 0539301

State of New Jersey

Department of Transportation

Special Provisions

For

Locally Administered Federal Aid Projects

FY 2026 Edition

May 2026

FEDERAL PROJECT NO. 0539301

SPECIAL PROVISIONS

GENERAL

All awards shall be made subject to the approval of the New Jersey Department of Transportation. No construction shall start before approval of said award by the New Jersey Department of Transportation and execution of the

Federal Project Agreement between the NJDOT and the County. Prior to the start of construction, the contractor must submit the following Material Questionnaires, DC-2891 and SA-11, listing all sources of materials. Any materials used on the project from a non-approved New Jersey Department of Transportation source will be considered non-participating. The County must notify the District Office, Division of Local Aid and Economic

Development of the construction commencement date at least five (5) calendar days prior to the proposed start of construction and the actual construction start date once it is known.

Award of contract and subletting will not be permitted to, material 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 Purchas & Property, Award of Contract Compliance & Administration, Trenton NJ 08625 (609-292-5400).

https://www.nj.gov/labor/wageandhour/registration-permits/register/debarmentlist.shtml

And the Federal Government’s System for Award Management (SAM), located at http://www.sam.gov/SAM/ for federally assisted contracts.

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.

Henceforth in these special provisions whenever reference to the State, Department, Regional Construction Engineer, ME, or RE is made, it is construed to mean the particular municipality or county, or their representative, executing this contract unless otherwise noted.

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

https://www.nj.gov/labor/wageandhour/registration-permits/register/debarmentlist.shtml http://www.sam.gov/SAM/

SPECIAL PROVISIONS

Construction of CR 539 Overpass (Str. No. 1523-031), Whiting-New Egypt Road over Ridge Way

Federal Project No. 0539301

AUTHORIZATION OF CONTRACT

The Contract is authorized by the provisions of Title 40 of the Revised Statutes of New Jersey and supplements thereto, and Title 23 of the United States Code - Highways.

SPECIFICATIONS TO BE USED

The 2019 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation

(Department) as amended herein will govern the construction of this Project and the execution of the Contract.

These Special Provisions consist of the following:

Pages 1 to 115 inclusive.

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

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

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

Development, pay the higher rate.

State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development

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

If an employee of the Contractor or subcontractor has been paid a rate of wages less than the prevailing wage, the

Department may suspend the Work and declare the Contractor in default.

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

Contractor’s compliance is required with the Copeland “Anti-Kickback” Act, (40 U.S.C. 3145), as supplemented by the

Department of Labor regulations (29 CFR Part 3, “Contractors and subcontractors on Public Building or Public Work

Financed in Whole or In Part by Loans or Grants from the United States”). Each contractor or subcontractor is prohibited from inducing by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The NJDOT must report all suspected or reported violations to the federal agency providing the funding for the project.

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

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

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

Attachment 2)

3. Requirements for Affirmative Action to Ensure Equal Employment Opportunity on NJDOT Federal Aid

Projects. (Federal Aid Project Attachment 3)

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

Project Attachment 4) https://sam.gov/search/?index=dbra&page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html

FEDERAL PROJECT NO. 0539301

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

(Federal Aid Project Attachment 5)

6. Investigating, Reporting and Resolving Employment Discrimination and Sexual Harassment Complaints on

NJDOT Federal Aid Projects. (Federal Aid Project Attachment 6)

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

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

Attachment 8)

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

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

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

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

Appendix A – Easement Documents

Appendix B – Geotechnical Data

Appendix C – Soil Sampling Test Results

Appendix D – SESC Certification and 5G3 Authorization

FEDERAL PROJECT NO. 0539301

DIVISION 100 – GENERAL PROVISIONS

SECTION 101 – GENERAL INFORMATION

101.01 INTRODUCTION

THE FOLLOWING IS ADDED:

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

101.03 TERMS

THE FOLLOWING TERM IS ADDED:

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

Completion. When all of the following have occurred:

PART (1) IS CHANGED TO:

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

101.04 INQUIRIES REGARDING THE PROJECT

THIS SUBSECTION IS CHANGED TO:

Submit inquiries regarding discrepancies, errors, omissions, or concerns regarding the intent or meaning of the Contract to the County as follows:

1. Before Award of Contract.

Submit inquiries and view other questions/answers by following the format prescribed on the project’s electronic bidding page.

Include the name of the bidder and contact information. Specify the nature of the inquiry, including anticipated results.

The deadline for submitting inquiries shall be as prescribed on the project’s electronic bidding page.

The County will investigate the information provided in the inquiry and if it is determined that a change or response is necessary, the County will issue an addendum.

Requests for postponement of bids will not receive a response. The County will issue an addendum postponing bids if warranted.

2. After Award of Contract.

Submit inquiries through the office of the County Engineer:

Mark Jehnke, PE

Ocean County Engineering Department

FEDERAL PROJECT NO. 0539301

129 Hooper Avenue

PO Box 2191

Toms River, NJ 08754

732.929.2130 mjehnke@co.ocean.nj.us

SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS

102.01 QUALIFICATION TO BID

THE FIRST PARAGRAPH IS CHANGED TO:

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

1. For Local Aid Projects- If pre-qualification of bidders is required, the Bidder has been pre-qualified as per the requirements of NJSA 40A:11-1 et seq.

2. Before the receipt of the bid or accompanying the bid, the Bidder has disclosed ownership as required by

N.J.S.A. 52:25-24.2.

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

4. If the Bidder is a corporation not incorporated in the State, the Bidder has been authorized to do business in the

State as required by N.J.S.A. 14A:15-2, et seq.

5. The Bidder has a valid, current registration with the New Jersey Department of Labor, Division of Wage and

Hour Compliance as required by “Public Works Contractor Registration Act,” N.J.S.A. 34:11-56.48, et seq.

102.02 BIDDER REGISTRATION AND DOWNLOADING OF THE PROPOSAL DOCUMENTS

The Contract is being bid by use of an electronic bidding process. Electronic biding information is available on the

County’s purchasing website.

102.04 EXAMINATION OF CONTRACT AND PROJECT LIMITS

THE FIRST SENTENCE OF ITEM 1 IS CHANGED TO:

Soil borings are attached as an appendix to these Special Provisions.:

Address all inquiries concerning the contract and the project limits as indicated in 101.04.

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

OpenGov Electronic Bid 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

FEDERAL PROJECT NO. 0539301

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.

The Bidder shall check the bid before submission.

On Federal Aid Projects, all Bidders shall keep records of all DBE and non-DBE firms that provide a bid or quote to the

Bidder for the Contract for use in providing the information to the Department in the development of a Bidder’s List. The records will include the name, address, phone number, email address, DBE/ESBE status of the firm, NAICS Code(s) applicable to the kind of work the firm would perform on the project and type of work for subcontracted work for each

DBE and non-DBE firm that provides a bid or quote for the Contract. This information shall be made available to the

Department upon request.

For each Federal Aid Project that they submit a Bid, each Bidder shall prepare a CR-261-DBE and non-DBE Firms

Providing a Bid or Quote for the Contract form. All Bidders are required to submit this information on a yearly basis to the Department, with the information submitted to the DCR/AA by September 30 of each year.

102.09 PROPOSAL BOND

THE SECOND PARAGRAPH IS CHANGED TO:

With the bid submission, the Bidder shall submit 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. Make guarantee 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 AND SEVENTH PARAGRAPHS ARE DELETED.

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

1. Schedule of Items.

2. Proposal Bond form.

3. Other related documents as specified in the Contract.

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

Lobbying Act requirements under 31 USC 1352.

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

A directory of certified Disadvantaged Small Businesses Enterprise firms can be found in the New Jersey Unified

Certification Program Vendor Certification database, online at https://njucp.dbesystem.com/.

A directory of certified Emerging Small Business Enterprise firms can be found in the Emerging Small Business

Program online directory at http://www.state.nj.us/transportation/business/civilrights/pdf/ESBEDirectory.pdf.

A directory of registered Small Businesses Enterprise firms can be found in the New Jersey Selective Assistance Vendor

Information (NJSAVI) database online at https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp.

All of the above directories are to be used as a source of information only and does not relieve the Bidder of their responsibility to seek out Enterprises not listed, prior to bidding.

When the Bidder submits bids for 2 or more Contracts that the Department will open on the same day, the Bidder may submit a single Updated Financial Statement instead of a separate statement for each Contract.

The Bidder is solely responsible for any and all errors and for timely submission of the bid, all components thereof, and all attachments thereto, through the electronic bidding system; the Department assumes no responsibility for any claim arising from the failure of any Bidder or of the electronic delivery system to cause any bid, bid component, or attachment to not be delivered to the Department on or before the time set for the opening of bids.

By submitting its bid to the Department, the Bidder warrants that no person or selling agency has been employed or retained by the Bidder to solicit or secure such Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business, for the breach or violation of which warranty the

Department shall have the right to annul such Contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee as required by

N.J.S.A. 52:34-15.

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

N.J.S.A. 52:34-15.

102.13 CONSIDERATION OF BIDS

102.13.01 Bidder Pre-Award Requirements

PART A IS CHANGED TO:

A. Federal Aid Projects

1. Contract DBE Goal. On projects having a Contract DBE goal, all Bidders shall ensure that DBEs have an equal opportunity to receive and participate in the performance of contracts and subcontracts in Federal Aid Projects with the Department. All Bidders shall take all necessary and reasonable steps in accordance with 49 CFR, Part

26 to ensure that DBEs are given equal opportunity to compete for and to perform on the Department’s Federal

Aid Projects. All Bidders shall not discriminate in the award and performance of any Contract obligation https://njucp.dbesystem.com/ http://www.state.nj.us/transportation/business/civilrights/pdf/ESBEDirectory.pdf https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp

FEDERAL PROJECT NO. 0539301

including, but not limited to, their performance of their obligations on USDOT assisted contracts as specified in

Section 107.

a. All Bidders shall demonstrate commitment of meeting the Contract DBE goal that is specified in the

Contract.

(1) Submit to DCR/AA at time of Bid, or within 5 days after bid opening as a matter of responsibility:

(i) a completed and signed Form CR-266 – Schedule of DBE/ESBE/SBE Participation listing each DBE firm being used to meet the Contract goal. Revisions to the CR-266 will not be accepted after its initial submission and before award of the Contract.

(ii) a completed and signed Verification of DBE/ESBE/SBE Firm (Form CR-273) for each firm listed on the CR-266 to demonstrate direct written confirmation from each DBE firm of 12 willingness to participate on the Contract, confirming the kind and amount of work that was provided on the Contractor’s CR-266, and, if applicable,

(iii) a completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-

272) for all Regular Dealers/Suppliers listed on the CR-266 form, and, if applicable,

(iv) a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR-274) for all DBE trucking firms listed on the CR-266.

Firms listed on the CR-266 will not be counted toward the Contract DBE goal unless completed and signed CR-273 form(s), and applicable CR-272 and CR-274 form(s) are submitted to the DCR/AA within the 5 days after bid opening. The CR-273, CR-272, and CR-274 forms must be completed and signed by each respective DBE firm. The Bidder shall not complete any portion of the CR-273, CR-

272, and CR-274 forms.

These forms must be submitted through a designated email - DOT-CR.Verifications@dot.nj.gov.

If the last day for a Bidder’s submission of the CR-266, CR-273, and applicable CR-272 and CR-274 forms falls on a Saturday, Sunday, or Federal holiday, the CR-266, CR-273, and applicable CR-272 and CR-274 forms are due on the next day that is not a Saturday, Sunday, or Federal holiday. In circumstances where the Department is closed for all or part of the day the forms are due, the submission of the forms is due on the next day.

(2) If, at time of Submission, the commitment to meet the Contract DBE goal is not shown on the CR-266, the Bidder must submit at time of Bid, or within 5 days after bid opening, documented evidence of good faith effort(s) to attain the Contract DBE goal, for review and approval by the DCR/AA.

Submittal of such information does not imply DCR/AA approval. The Department’s DCR/AA has sole authority to determine whether the Bidder met the Contract DBE goal or made adequate good faith efforts to do so.

(i) Good faith efforts are actions taken to achieve a DBE goal or other requirement of the DBE

Program which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement, including affirmative action measures designed to implement the established objectives of an affirmative action plan that a Bidder may utilize to obtain DBE participation. Efforts to include firms not certified as DBEs in New

Jersey are consequently not good faith efforts to meet the DBE Contract goal. A promise to use DBEs after contract award is not considered to be responsive and does not constitute good faith efforts. Good faith effort actions include, but are not limited to:

(a) Conducting market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified

DBEs that have the capability to perform the work of the Contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for

Proposals, written notices or emails to all DBEs listed in the New Jersey Unified

Certification Program Vendor Certification database of transportation firms that mailto:DOT-CR.Verifications@dot.nj.gov

FEDERAL PROJECT NO. 0539301

specialize in the areas of work desired (as identified by the North American Industry

Classification system (NAICS) code noted in the New Jersey Unified Certification

Program Vendor Certification database) and which are located in the area or surrounding areas of the project. The Bidder shall solicit this interest as early in the bidding process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The Bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

(b) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the Bidder might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation.

(c) Providing interested DBEs with adequate information about the Plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract.

(d1) Negotiating in good faith with interested DBEs. It is the Bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work.

(d2) Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as Contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Bidder's failure to meet the Contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a Bidder to perform the work of a Contract with its own organization does not relieve the Bidder of the responsibility to make good faith efforts. Bidders are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.

(e1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non-solicitation of bids in the Bidder’s efforts to meet the Contract DBE goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the Bidder to accept unreasonable quotes in order to satisfy the Contract goals.

(e2) A Bidder’s inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the Bidder has the ability and/or desire to perform the

Contract work with its own forces does not relieve the Bidder of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote.

(f) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Bidder.

FEDERAL PROJECT NO. 0539301

(g) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, but not directly or indirectly providing equipment, supplies or materials to the DBE.

(h) Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.

(3) If the Department determines that the apparent lowest responsive Bidder has failed to commit to meet the Contract DBE Goal and made adequate good faith efforts to do so, the Department must, before awarding the Contract, provide the Bidder an opportunity for Administrative Reconsideration.

The apparent lowest responsive Bidder will have the opportunity to provide written documented evidence or argument concerning the issue of whether it met the Contract DBE goal or made adequate good faith efforts to do so to an official who did not take part in the original determination that the

Bidder failed to meet the Contract DBE goal or made adequate good faith effort to do so, pursuant to

49 C.F.R. 26.53(d). The apparent lowest responsive Bidder has the opportunity to meet in person with the Reconsideration Official to discuss the issue of whether it met the Contract DBE goal or made adequate good faith efforts to do so.

Within 1 working day of being notified by the Department that it is not a responsible Bidder because it failed to meet the Contract DBE goal and made adequate good faith efforts to do so, a Bidder may make a request for administrative reconsideration in writing to the New Jersey Department of

Transportation, Director, Division of Procurement, PO Box 605, Trenton, New Jersey, 08625-0605.

The Bidder must specify one of the following types of administrative reconsideration in its request:

(i) Written Review by the Department. If the Bidder seeks written review by the Department, it must submit written documented evidence or argument proving the Bidder met the Contract

DBE goal at time of Bid or submitted adequate good faith efforts to do so within 5 days after bid opening, to the Department within 2 working days of the Bidder’s request for

Administrative Reconsideration.

(ii) In-Person Meeting. If the Bidder seeks an in-person meeting by the Department it must submit written documented evidence or argument proving the Bidder met the Contract DBE goal at time of Bid or submitted adequate good faith efforts to do so within 5 days after bid opening, to the Department within 2 working days of the Bidder’s request for Administrative

Reconsideration. The in-person meeting will be scheduled by the Department as soon as time permits.

If the timeframe for a Bidder’s request for Administrative Reconsideration, or submission of written documented evidence or argument proving the Bidder met the Contract DBE goal or submitted adequate good faith effort to do so falls on a weekend or holiday, the written requests are due to the

Department on the next working day. The Department, at its discretion, may not review or consider any documentation or argument in its administrative reconsideration that was not contained in the

Bidder’s request for written review or in-person meeting with the Department.

Once the Reconsideration Official has made a determination, the Department will send the Bidder a written decision on reconsideration, explaining the basis for finding that the Bidder did or did not meet the DBE goal or make an adequate good faith effort to do so.

Failure to follow this request procedure may result in the Bidder’s waiver of the right for

Administrative Reconsideration under this Section.

The result of the reconsideration process is not administratively appealable to the USDOT.

FEDERAL PROJECT NO. 0539301

2. Contract ESBE Goal. Where a Contract ESBE goal is set, the Bidder shall follow all requirements and the same administrative reconsideration procedure of 102.13.

PART B IS DELETED.

PART C IS CHANGED TO:

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

1. Submit proof of business registration with the Division of Revenue and Enterprise Services in the New Jersey

Department of Treasury as required by N.J.S.A. 52:32-44. Information on how a business can register and obtain proof of business registration can be accessed on the internet at www.nj.gov/njbgs.

2. On the Disclosure of Investment Activities in Iran (Form DC-16) provided by the Department, certify pursuant to N.J.S.A. 52:32-58, that neither the Bidder, nor one of its parents, subsidiaries, and affiliates (as defined in

N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in

Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to certify, the Bidder shall provide a detailed and precise description of such activities to the Department.

3. FOR LOCAL AID PROJECTS: The Bidder must certify, in writing, pursuant to NJSA 52:32-44.1, to the

County that neither the Bidder nor its affiliates are debarred at the federal level from contracting with a federal government agency. The County shall not make, negotiate, or award to any Bidder that does not provide the above certification. In addition, all Bidders must register with the federal System for Award Management

(SAM) prior to contract award. ln order to comply with this requirement, Bidders must register in SAM at sam.gov and the Department will verify the successful Bidder's registration in SAM prior to contract award.

4. On the “Certification of Non-Involvement in Prohibitive Activities in Russia or Belarus Form” provided by the

Department, certify pursuant to N.J.S.A. 52:32-60.1, that neither the Bidder nor its affiliates are engaged in prohibited activities in Russia or Belarus as defined therein.

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

6. N.J.S.A. 34:1A-1.16 authorized the New Jersey Department of Labor and Workforce Development (NJDOL) to create a list on its website, dubbed the Workplace Accountability in Labor List (WALL), of any person found in violation of any State wage, benefit, and tax laws and against whom a final order has been issued by the

NJDOL for such violation. Any person or business named on the WALL is prohibited from contracting with the Department until that person or business has been removed from the WALL. The WALL is found at https://www.nj.gov/labor/ea/osec/wall.shtml

102.15 DISQUALIFICATION OF BIDDERS

The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the

Department to lack responsiveness. Failure of a Bidder to follow the requirements of 102.10 demonstrates a lack of responsiveness.

The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the

Department to lack responsibility. Factors demonstrating a lack of responsibility include, but are not limited to:

1. Evidence of collusion among Bidders.

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

http://www.nj.gov/njbgs https://sam.gov/search/?index=dbra&page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL

FEDERAL PROJECT NO. 0539301

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

Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Business Enterprise

Participation.

4. Failure to submit within 5 days of bid opening, proof of documented evidence of good faith efforts to meet the

Contract goal, if the Bidder fails to meet the Contract DBE, ESBE or SBE goal.

5. Failure to submit within 5 days of bid opening, a completed and signed Confirmation of DBE/ESBE/SBE Firm

(Form CR-273) for each DBE/ESBE/SBE firm listed on the CR-266. The Bidder shall not complete any portion of the CR-273 form.

6. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Trucking Verification

(Form CR-274) for each DBE/ESBE/SBE firm listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-274 form.

7. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Regular

Dealer/Supplier Verification (Form CR-272) for each DBE/ESBE/SBE Regular Dealer/Supplier listed on the

CR-266, if applicable. The Bidder shall not complete any portion of the CR-272 form.

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

9. Failure of the Bidder to acknowledge that the prevailing wage rate is accounted for in their bid pricing and that the Bidder agrees to pay the prevailing wage rate, if awarded the Contract, for Projects subject to the New Jersey

Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98,

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

Department.

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

12. Unsatisfactory performance on previous or current contracts.

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

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

15. Disqualification, suspension, or debarment of an individual firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 or Federal Government’s System for Award Management

(SAM), located at https://www.sam.gov/SAM/ for federally assisted contracts.

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

17. The Bidder is listed on the Workplace Accountability in Labor List (WALL), prohibiting the Bidder from public contracting under N.J.S.A. 34:1A-1.16, the law establishing the WALL.

SECTION 103 – AWARD AND EXECUTION OF CONTRACT

103.01 AWARD OF CONTRACT

The County will award the Contract to the lowest responsible bidder whose bid conforms in all respects to the requirements set forth in the Contract. 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.

The County will post public announcement of award on the County’s electronic procurement website at:

https://procurement.opengov.com/portal/oceancounty https://www.sam.gov/SAM/

FEDERAL PROJECT NO. 0539301

SECTION 104 – SCOPE OF WORK

104.01 INTENT

The Work on this contract includes, but is not limited to, the realignment and widening of CR 539, the grade separation of

CR 539 and Ridge Way via construction of a new overpass bridge and retaining walls, and construction of stormwater management basins.

104.02 VALUE ENGINEERING

THE SUBSECTION IS CHANGED TO:

104.02 VALUE ENGINEERING CHANGE PROPOSAL

104.02.01 Purpose and Scope

The intent of Value Engineering Change Proposal (VECP) is to promote Contractor innovation, for which the Department will share with the Contractor 50 percent of the value of cost savings generated as a result of a Department approved

VECP.

The Department will only consider VECPs that produce a cost savings to the Department without, in the sole judgment of the Department, impairing essential functions or characteristics of the Project. Essential functions that cannot be adversely impacted include, but are not limited to, safety, service life, economy of operation, ease of maintenance, environmental compliance, and desired appearance. The Department will not consider VECPs that change the Project’s original design criteria, merely eliminate work, are based on an unknown factor, do not show a cost savings; or extend Contract Time.

104.02.02 Conditions

The Department will consider VECPs only after Award of the Contract and only in accordance with the following terms and conditions:

1. If the Department rejects a VECP during any step of the process, the Contractor is required to complete the

Work as specified in the Contract. The Contractor recognizes that the Department has the right to reject VECPs and cannot base its bid on the anticipated approval of a VECP.

2. All VECPs, approved or not approved by the Department for use in the Contract, apply only to the ongoing

Contract or Contracts referenced in the VECP. The VECPs shall become the property of the Department and shall contain no restrictions imposed by the Contractor on their use or disclosure. The Department will have the right to use, duplicate, and disclose in whole or in part any data necessary to use the VECP. The Department retains the right to use any accepted VECP or part thereof on any other or subsequent project without any obligation to the Contractor. This provision is not intended to deny rights provided by law with respect to patented materials or processes.

3. If the Department already has under consideration certain revisions to the Contract that are subsequently incorporated in a VECP, the Department will reject the Contractor’s VECP and has the right to proceed with such revisions without obligation to the Contractor.

4. The RE will determine whether a VECP qualifies for consideration and evaluation by the Department, including whether the savings generated by the VECP are sufficient to warrant review and processing. The Department may still reject a final VECP after approval of the initial VECP.

5. The RE has the right to reject all or any portion of work performed according to an approved VECP if the RE determines that results do not meet the requirements of the VECP or the Contract. The RE has the right to direct the removal of such rejected work and require the Contractor to proceed according to the original Contract. If the Contractor is directed to proceed according to the original Contract, the Department will not make payment for the rejected work performed under the VECP, or for its removal. The Contractor is responsible for the consequential costs arising from the rejected work to complete the work as proposed under the original Contract, including the cost to Others.

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6. The Contractor may only submit VECPs based on Items scheduled to be performed by the Contractor. The

Department will not consider anticipated cost savings based on revisions to utility relocations or other work to be performed by Others. The Contractor is responsible to obtain the concurrence of Utilities, property owners, governing bodies, and agencies for any work affected by the VECP. The Department has the right to reject

VECPs that may increase the time or cost of work done by Others.

7. In calculating the value of cost savings, the Department has the right to disregard the Contract bid prices, if such prices do not represent the value of the work to be performed or to be deleted, and has the right to calculate the savings based on reasonable costs for such work.

8. Ensure that VECPs are designed according to the Department design manuals and other Department standards for the proposed work.

9. If additional information is needed to evaluate VECPs, provide this information in the Department specified time period, otherwise the Department will reject the VECP. Additional information may include, where design changes are proposed, results of field investigations and surveys, design computations, and field change sheets.

10. The Department will not deduct the Department’s costs for review and processing of the VECP from the cost savings.

11. The Department will not make payment for the Contractor’s costs for development and submission of the VECP.

The Contractor waives its right to claim for costs or delays incurred due to the Department’s review or rejection of a VECP. These costs include, but are not limited to, development costs, loss of anticipated profits, or increased material or labor costs resulting from delays in the review of such VECP.

12. The Department will not use the value of cost savings for: additional vehicle operating and delay costs incurred by the traveling public, compared to normal operating conditions, resulting from the establishment of construction, maintenance, or rehabilitation work zones (road user costs), or for costs to oversee the Project

(construction engineering costs).

13. The Contractor may submit VECPs for an approved subcontractor, provided that payment is made by the

Department to the Contractor and that the terms of the payment to the subcontractor are satisfactorily negotiated and accepted before the proposal is submitted to the Department. Submit revised agreements as specified in

108.01.1. Subcontractors may only submit a VECP through the Contractor.

104.02.03 Submittals

The Contractor may submit VECPs electronically. With electronic submissions, submit the appropriate attachments and a printed copy.

If the initial VECP is only submitted in printed form, provide at least 3 sets of documents. If the final VECP is only submitted in printed form, the Department will designate the required number of sets of documents.

Submit initial and final VECPs as follows:

1. Initial VECP. Submit to the RE an initial VECP outlining the general technical concepts associated with the

VECP and the estimated savings that will result.

The Department will review the initial VECP and, if found to be conceptually acceptable, will grant approval to submit a final VECP. A finding of conceptual acceptability of the initial proposal in no way obligates the

Department to approve the final VECP.

2. Final VECP. The Department will consider a final VECP only after the approval of the initial VECP. With each final VECP, submit, at a minimum, to the RE the following information:

a. A statement that the final VECP is submitted as a VECP with a reference to the approval of the initial

VECP.

b. A description of the differences between the existing Contract requirements and the proposed change, and the comparative advantages and disadvantages of each. Document the effects on safety, service life, economy of operations, ease of maintenance, environmental requirements, and desired appearance.

c. Complete plans, specifications, and calculations showing the proposed changes relative to the original

Contract features and requirements. Ensure that plans and engineering calculations are signed and sealed by a Professional Engineer.

FEDERAL PROJECT NO. 0539301

d. A complete cost analysis indicating the final estimated costs and quantities to be replaced by the VECP, the new costs and quantities generated by the final VECP, and the cost effects of the proposed changes on operational, maintenance, and other considerations.

e. An evaluation of the effect the final VECP has on Contract Time, including a revised schedule and a time impact evaluation as specified in 108.11.01.C.

f. A description of any previous use or testing of the final VECP on another Department project or elsewhere and the conditions and results. If the final VECP was previously submitted on another Department project, indicate the date, the project, and the action taken by the Department.

g. A letter of concurrence to the VECP from Others that are affected.

h. The specific date that the Change Order adopting the final VECP must be executed to obtain the maximum cost reduction. Ensure that this date allows the Department ample time, usually a minimum of 60 days, for review and processing a Change Order. If the Department finds that there is insufficient time available for review and processing, it has the right to reject the final VECP solely on such basis. If the Department fails to respond to the final VECP by the date specified, the Contractor shall consider the final VECP rejected and shall make no claim against the Department as a result thereof.

i. Additional information requested by the Department.

104.02.04 Final Documents

If the final VECP is approved, submit working drawings for approval. The Department will designate the number of sets to be submitted.

104.02.05 Payment

If the VECP is approved, the Department will issue a Change Order incorporating the VECP and establishing payment for the cost savings.

The Department will make payment to the Contractor for 50 percent of the cost savings from the VECP. It is understood that the payment includes all costs resulting as a consequence of the change, including but not limited to quantity increases to Items, and unanticipated work or expenses arising out of the change.

104.03 CHANGES OF THE CONTRACT

104.03.01 Authority to Make Changes

THIS SUBPART IS CHANGED TO:

The Department has the right to make changes to the Work at any time, including altering the Contract, altering the requirements of an Item, increasing, or decreasing the quantities of any Item, or deleting any Item. Such changes neither invalidate the Contract, nor release the Surety. The Contractor agrees to perform the Work as changed. If the Contractor does not perform, or refuses to perform the Work as changed, the Department may perform the work with its own forces.

If the Department mobilizes its forces to perform the work, the Contractor agrees to pay the Department’s cost of performing the work including the cost of material and labor used and the actual costs for police traffic protection and maintenance and protection of traffic as specified in 107.16.

The Contractor may request changes to the Contract.

The Department will direct changes using a written Field Order or Change Order as follows:

1. Field Orders. The RE has the right to unilaterally direct Contractor performance with a written Field

Order. Upon receipt of a Field Order, proceed as directed by the Field Order. A Field Order will state whether the directions provided by the Field Order are eligible for payment or modification of Contract

Time. The Department will provide such payment or modification to Contract Time in a subsequent

Change Order.

2. Change Orders. The Department will modify the Contract with a Change Order.

The Department has the right to unilaterally make the following changes: make minor increases or decreases in quantity; modify Contract Time as specified in 108.11; direct New Work to be performed on a force account basis; and establish payment modifications for damages, credits, bonuses, and penalties provided for in the Contract.

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