SECTION 105 – CONTROL OF WORK
105.01 Authority of The Department
105.01.01 Re
The RE has the authority to direct work and the Contractor has an obligation to proceed as directed. The RE has the authority to reject work that is not in conformance with the Contract and direct its removal and replacement . If the Contractor fails to promptly remove or replace defective work as directed by the RE, the RE has the authority to direct Others to remove or replace the work. The Department has the right to recover costs incurred for such removal and replacement from the Contractor. If the Contractor fails to maintain the work, including but not limited to maintaining the traffic control devices, electrical systems, the RE has the authority to direct Others to maintain the work. The Department has the right to recover costs incurred for such maintenance costs from the Contractor. Unless otherwise specified, send correspondence with the Department to the RE. Where correspondence is specified to be directed to persons other than the RE, send a copy to the RE. Ensure that correspondence complies with the following:
1.Assign every correspondence sent to the Department a unique correspondence serial number in the subject line, numbered sequentially beginning with Contractor Correspondence No. 1.
2.If the correspondence includes a request for information or asks for an interpretation of the Contract, also assign a unique RFI serial number in the subject line numbered sequentially beginning with RFI-1.
3.If the correspondence constitutes a notice of change as specified in 104.03.04, assign a unique change notice serial number in the subject line numbered sequentially beginning with Change Notice No. 1. For subsequent correspondence referring to a change notice or to the events that are the subject of a previous change notice, refer in the subject line to the original change notice number. The RE will decide questions that arise concerning the following:
1.Quality and acceptability of the work.
2.Progress of the Work.
3.Interpretation of the Contract.
4.Modifications to the Contract.
5.The percentage for partial payments made in Estimates, as specified in 109.05. The RE has the authority to suspend the Work wholly or in part and to suspend Estimates, as specified in 109.05, for failure of the Contractor to correct conditions unsafe for the workers or t he general public, for failure to carry out provisions of the Contract, including but not limited to DBE/ESBE/SBE program regulations in the administration of the Contract, or for failure to comply with RE direction. The RE also has the authority to suspend the Work wholly or in part for unsuitable weather, for conditions considered unsuitable for the prosecution of the Work or portion of the Work, or for any other condition or reason deemed to be in the interest of the public.
105.01.02 Inspection
Inspectors employed or contracted by the Department are authorized to inspect work. Inspection may extend to the preparation, fabrication, or manufacture of the materials to be used. The inspector is not authorized to waive the provisions of or modify the Contract. The inspector is not authorized to act as foreman or perform other duties that are the responsibility of the Contractor. The inspector has the authority to reject work subject to confirmation by the RE. Each part or detail of the Work is subject to inspection by the Department. If the Department determines that work requires special inspection, testing, or approval not specified in the Contract, the Department will perform such inspection, testing, or approval. If an agency or entity financially participates in the Contract or has jurisdiction over portions of the Work, the agency or entity also has the right to inspect the Work. Such financial participation or inspection does not make an agency or entity a party to the Contract. Provide safe access for inspection to all parts of the Work. Provide the necessary assistance, including but not limited to traffic control, lighting, and scaffolding in order to allow a complete and detailed inspection. When the Department is within the Project Limits, the Department is an invitee of the Contractor. At any time before Acceptance, the RE has the right to direct the Cont ractor to expose specified portions of the finished work. If the exposed work is unacceptable, correct the work and restore the exposed area. Also, if subsequent work prevents inspection of the previous work, the RE has the right to direct the Contractor to remove and replace the subsequent work. The Department will not make payment for exposing, correcting, or restoring work or removing and replacing nonconforming work and any subsequent work that was required to be removed. The Department will make payment and may modify Contract Time for exposing the work and restoring the area as Extra Work if all of the following conditions are met:
1.The exposed work was acceptable as specified in the Contract.
2.The daily communications, as specified in 108.03, were given to the Department reasonably before the exposed work was originally performed.
3.The work was not covered by subsequent work if the RE directed that such subsequent work not be performed. The Contractor is responsible for carrying out the provisions of the Contract at all times and for control of the quality of the Work regardless of whether an authorized inspector is present or not. Nei ther the observations of the RE in the administration of the Contract, nor inspections, tests, or approvals relieve the Contractor from its obligation to perform the Work in accordance with the Contract.
105.01.03 Contractor Performance Evaluation
Pursuant to N.J.A.C. 16:44 -1 et seq ., the Department will assign Performance Evaluation ratings to determine the Contractor’s Work Classification Limit. The RE will perform a Contractor Performance Evaluation using the Department’s form DC-83 that is current at the time of bid. The Department’s form DC -83 is available at http://www.state.nj.us/transportation/eng/forms/. The RE will perform the Contractor Performance Evaluation at the end of the annual rating period, which extends from January 1 through December 31, if the value of work performed is at least 25 percent of the Total Adjusted Contract Price or has a value of more than $1 million. If a Project is completed prior to the end of the regular annual rating period, the RE will perform the Contractor Performance Evaluation when the Department initiates a Certificate of Completion. The Department may extend the rating period or decide to not perform a Contractor Performance Evaluation Rating at its sole discretion, and will provide the Contractor with written notification of a decision to extend a rating period or to not perform a Contractor Performance Evaluation Rating. The RE will provide the Contractor with the breakdown and weighting of the Quality/Contract Compliance subcategories at the preconstruction conference. The Contractor Performance Evaluation process is not an administrative process and is contractual in nature. Meet with the RE to review the Contractor Performance Evaluation rating when requested by the RE. A protest regarding the Performance Evaluation rating will be resolved through the Rating Review meeting process specified in this Subpart and not through the Contractual Claim Resolution Process specified in 107.12. The Contractor may only protest a Contractor Performance Evaluation rating of less than 70. If the Contractor receives a Contractor Performance Evaluation rating of less than 70, the Contractor may protest the assigned rating by submitting a request for a Rating Review meeting with the Department Manager as specified in 101.04.2 of the Special Provisions, responsible for the administration of the construction. Submit a written request for a Ratin g Review meeting to the Department Manager within 15 days of receiving the Contractor Performance Evaluation Rating from the RE. Provide with the request for a Rating Review Meeting a specific and detailed statement of the reasons for the protest and provide a copy of any documents that the Contractor wants the Department to consider. The Contractor waives its right to protest a Contractor Performance Evaluation Rating if it does not submit a written request for a Rating Review meeting within 15 days of the Contractor’s receipt of the Contractor Performance Evaluation Rating. The Department Manager will schedule and hold a meeting to review the Contractor’s Performance Evaluation with the Contractor and hear the Contractor’s protest within 30 days of rece iving the Contractor’s request for a Rating Review meeting. The Department Manager will issue a written decision upholding or adjusting the Performance Evaluation rating within 10 days of conducting the Rating Review meeting.
105.02 Responsibilities of The Contractor
105.02.01 Labor and Equipment
Provide labor and equipment sufficient to prosecute the Work, as specified in the Contract, to Completion. Ensure that the labor and equipment used to prosecute the Work do not cause damage to public or private property. Provide labor and equipment as follows:
1.Labor. Employ workers that have sufficient skill and experience to properly perf orm the work assigned to them. Do not engage or employ current Department employees or workers that would cause the worker to be in violation of N.J.S.A. 52:13D-17. Do not engage or employ any former federal, state, or municipal worker who has been perso nally or individually debarred or subject to a forfeiture of public office pursuant to
N.J.S.A. 2C:51-2. Upon written direction by the RE, the Contractor will remove Contractor employees or subcontractor employees including the Superintendent who, in the opinion of the RE, are not performing the Work in a proper or skillful manner, or are intemperate, disorderly, or create a hostile environment. Do not allow the removed employee to be re-employed to perform any portion of the Work without written approval by the RE.
2.Equipment. Provide equipment of sufficient size and mechanical condition to meet the requirements of the Contract. Ensure that each piece of equipment has an automatic audible warning signal when operating in reverse. Do not provide equipment that is owned or operated by firms or individuals suspended or debarred by the Department or included in the State of New Jersey Consolidated Debarment Report as maintained by the Department of the Treasury, Division of Building and Construction, Bureau of Contractor Prequalification or in the Federal Government’s General Services Administration document titled “List of Parties Excluded from Federal Procurement and Nonprocurement Programs (GSA List).” Equip construction equipment powered by an internal combustion engine with a properly maintained muffler. Fit air-powered equipment with pneumatic exhaust silencers. Ensure air compressors meet EPA noise emission standards. Do not operate stationary equipment powered by an internal combustion engine within 150 feet of noise sensitive sites without portable noise barriers placed between the equipment and the noise sensitive sites. Noise sensitive sites include but are not limited to residential buildings, m otels, hotels, schools, churches, hospitals, nursing homes, libraries, and public recreation areas. Whenever automatically-controlled equipment is specified and a breakdown or malfunction of the automatic controls occur, the Contractor may operate the equipment manually for the remainder of the day provided such operation produces results that comply with the Contract. Repair or replace the equipment so that it is controlled automatically before starting construction operations the next day.
105.02.02 Superintendent
Provide a competent, English-speaking superintendent and alternate who are experienced in the type of construction being performed and are capable of reading and understanding the Contract. Ensure that the superintendent and alternate have the authority to represent the Contractor. Ensure that the superintendent and the alternate have the authority to execute orders or dire ction from the RE, without delay, and to promptly supply materials, equipment, tools, labor, and incidentals as necessary. Ensure that the superintendent gives the Work the constant attention necessary to ensure its successful prosecution. Ensure that the superintendent cooperates with the RE, the Department inspectors, and Others. Ensure that the superintendent or the alternate is present at the work site at all times while the Work is in progress. The RE has the right to suspend the Work if the superint endent or the alternate is not present at the work site. The Department will not modify Contract time or make payment for such suspensions.
105.02.03 Subcontracted Work
Consent of the Department to allow work to be subcontracted, as specified in 108.01, does not relieve the Contractor of its responsibility for the Work, nor does it relieve the Surety of its obligations under the bond. The Contractor is responsible for the work of subcontractors. Ensure that the work performed by subcontractors conforms to the Contract. The Department’s consent to subcontract any part of the Work shall not be construed as approval of the subcontract or its terms, but only as approval of the Contractor’s request to subcontract to its chosen subcontractor.
105.02.04 Fabricators and Suppliers
If the Contractor is not the owner of the place where fabrication, preparation, or manufacture is in progress, the owner thereof is deemed to be the agent of the Contractor.
105.02.05 Civil Rights Requirements
The Contractor is obligated to comply with Title VI of the Civil Rights Act of 1964, 49 CFR Part 21 and 28 CFR Section 50.3, 2 C.F.R. Part 200 and 2 C.F.R. Part 200 Appendix II and any other Rules relative to Nondiscrimination as they may be amended from time to time, which are herein and incorporated by reference and made part of the Contract. The Contractor in the performance of the Contract agrees to comply with nondiscrimination regulations and other requirements as specified in Section 107. Failure of a Contractor to comply with the nondiscrimination provisions of the Contract may result in the actions as set forth as specified in Sections 105, 108, and 109. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project.
1.Federal Aid Projects. On contracts containing Federal funding, Federal EEO regulations and goals apply as specified in Federal Aid Project Attachments 1 through 11. The DCR/AA monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA ), under Federal statutes (23 USC 140) and Rules (23 CFR 230, 2 CFR Part 200). Comply with the DBE/ESBE program, rules and regulations of 49 CFR Part 26 in the administration of the Contract. Failure to do so is a material breach of the Contract and may result in termination of the Contract, or other such actions that the Department or the FHWA deem appropriate which may include, but are not limited to, rejection of bids, denial or limit of credit toward the Contract goal, payment being delayed or withheld as specified in Section 105 , assessing sanctions as set forth in 49 CFR Part 26, and default as specified in Section 108. Deliberate attempts by the Contractor or subcontractors to circumvent or commit fraud in the DBE/ESBE program may result in termination of the Contract as specified in Section 108, investigation by the Department’s Inspector General or the U.S. Department of Transportation, or both, and prosecution by the State Attorney General’s Office or the U.S. Department of Justice, or both. Ensure compliance with the labor standards provisions of the Contract. Submit weekly certified payrolls and Statement of Compliance as required in the Contract. Monitor and verify the owner-operator status of all DBE and non-DBE truckers working on Federal Aid Projects used for the Contract. Submit the DBE Trucking Verification (Form CR -274) to the Department. Failure of a Contractor to meet the requirements o f this paragraph may result in payment being delayed or withheld as specified in Section 105, default as specified in Section 108, disqualifying the Contractor from future bidding as non-responsible, or termination of the Contract as specified in Section 108. Obtain executed subcontract agreements as specified in Section 108. Failure of a Contractor to meet this requirement may result in payment being delayed or withheld as specified in Section 105, default as specified in Section 108, disqualifying the Contractor from future bidding as non -responsible, or termination of the Contract as specified in Section 108. The Contractor is responsible for compliance by any subcontractor, lower tier subcontractor as specified in Section 108. On Federal Aid construction contracts, utilize a DBE that performs a commercially useful function (CUF) and performs the work committed to at the time of Contract award. Monitor and report DBE participation on the Contract, on a monthly basis utilizing the CR-267 - Monthly Report of Utilization of DBE/ESBE or SBE form. Failure of a subcontractor or lower tier subcontractor may result in denial or limit of credit toward the Contract DBE goal, payment being delayed or withheld as specified in Section 105; default as specified in Section 108, or termination of the Contract as specified in Section 108. The Contractor is required to make good faith effort as defined in 23 CFR Part 230 and 41 CFR Part 60 in meeting the Equal Employment Opportunity, Affirmative Action, on-the-job training and female and minority work hour goals. Ensure compliance by subcontractors and lower tier subcontractors. Failure of the Contractor, subcontractor or lower tier subcontractor to meet these requirements may result in payment being delayed or withheld as specified in Section 105; default as specified in Section 108, or termination of the Contract as specified in Section 108. Utilize the specific DBEs listed to perform the work, manufacturer the materials or goods, and furnish or supply the equipment, materials, supplies or services for which each is listed on the CR-266 unless prior written consent from the DCR/AA is obtained. Unless prior DCR/AA consent is provided, the Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Contractor is responsible for Equal Employmen t Opportunity requirements of the Contract, including Affirmative Action, EEO workforce and On -The-Job Training. Failure by the Contractor to meet the requirements of the Affirmative Action Program for Equal Employment Opportunity may result in payment being delayed or withheld as specified in Section 105 pending corrective and appropriate measures by the Contractor to the satisfaction of the Department. The Contractor is responsible for compliance with the Trainee program. Failure to meet this requirement may result in payment being delayed or withheld as specified in Section 105, default as specified in Section 108, disqualifying the Contractor from future bidding as non-responsible, or termination of the Contract as specified in Section 108. The Contractor and subcontractors are required to provide all information and reports as specified in Section 107.
a.Disadvantaged Business Enterprise/Emerging Small Business Enterprise Goals for this Contract This Contract includes a goal of awarding a percentage of the Total Contract Price to subcontractors, transaction expeditors, regular dealers, manufacturers and truckers qualifying as certified DBEs/ESBEs as specified in Federal Aid Project Attachment 1 – Disadvantaged Business Enterprise Utilization on Federal Aid Projects or Federal Aid Project Attachment 1 – Emerging Small Business Enterprise Utilization on Federal Aid Projects, of the Special Provisions. To receive DBE credit toward meeting a contract goal in the context of the contract award process, a DBE firm must be certified before the due date for bids or offers on the Contract, as stated in 49 CFR Part 26.81(c). There may be situations after the award of the Contract, however, in which it is appropriate to count DBE credit for the use of a DBE firm certified after the contract is executed. To be eligible to obtain DBE credit, a DBE firm must be certified before the subcontract on which it is working is executed. A Contractor is deemed to have satisfied the requirements of the DBE Program if the Contractor meets the Contract DBE goal or the approved DBE commitment utilizing the approved, certified DBEs for the kind and type of work shown on the most recent approved CR -266 – Schedule of Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Bu siness Enterprise Participation form , or demonstrates an adequate GFE. DCR/AA will determine whether or not the Contractor met the Contract DBE goal or demonstrated adequate GFE. Failure to meet the Contract DBE goal or the approved DBE commitment, without demonstrating an adequate GFE, is considered a material breach of the Contract. The Contract DBE goal may be changed by the Department based on changes in the Work that increase or decrease work assi gned to approved DBEs, or to create potential DBE subcontracting opportunities regarding the Contract. The Department’s DCR/AA will evaluate these changes in the Work in the same manner that the original Contract DBE goal or the approved DBE commitment wa s established. When the Contract DBE goal or the approved DBE commitment is increased or decreased due to changes in firms, type of work, work items or subcontract value, submit to DCR/AA:
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. (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 willin gness 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.
v.a written explanation of each revision, and why In such circumstances, do not complete any portion of the CR -273, CR-272, or CR-274 forms, and the Contractor shall meet the Modified DBE goal or demonstrate an adequate GFE. If the Contractor fails to meet the Contract DBE goal, without demonstrating an adequa te GFE, the Department will make a payment reduction from the total amount of payments made to the Contractor equal to the value of the DBE goal not attained as follows: DBE Goal Payment Reduction = (CG – AG) x CP Where: CG = Contract DBE Goal percentage, or approved DBE commitment, or if modified by the Department, the Modified DBE Contract Goal percentage. AG = Attained DBE Goal percentage = (total dollar amount paid to DBE suppliers and DBE subcontractors divided by CP) plus the percent value attributed to the Contractor’s GFE approved by the Department. CP = Total Adjusted Contract Price less the payment adjustments for FINAL LAYOUT, PERFORMANCE BOND AND PAYMENT BOND, and DBE Goal Payment Reduction.
b.Trainees This Contract includes a train ee goal which is part of the Contractor’s equal employment opportunity affirmative action program, on-the-job training aimed at developing full journey people in the type of craft or job classification involved on the project as specified in Section H of Federal Aid Project Attachment 2 – Specific Equal Employment Opportunity Responsibilities on NJDOT Federal Aid Projects, of the Special Provisions.
2.Wholly State Funded Contracts. On contracts containing wholly State Funding, State EEO regulations and goals apply as specified in State Funded Project Attachments 1 to 6 of the Special Provisions. The DCR/AA monitors and reviews these projects in conjunction with the New Jersey Department of Labor under New Jersey Statutes N.J.S.A. 10:5-31 et seq. and P.L. 1975 Chapter 27 and their accompanying rules. Comply with the SBE program, rules and regulations in the administration of the Contract. Failure to do so is a material breach of the Contract and may result in termination of the Contract, or other such actions that the Department deems appropriate which may include, but is not limited to, rejection of bids, denial or limit of credit toward the Contract SBE goal, payment being delayed or withheld as specified in Section 105, assessing sanctions, liquidated damages as specified in Section 108, default as specified in Section 108, disqualifying the Contractor from future bidding as non-responsible, or termination of the Contract as specified in Section 108. Deliberate attempts by the Contractor or subcontractor to circumvent or commit fraud in the SBE program may result in termination of the Contract as specified in Section 108, investigation by the Departme nt’s Inspector General, and prosecution by the State Attorney General’s Office. Ensure compliance with the labor standards provisions of the Contract. Submit weekly certified payrolls and Statement of Compliance as required in the Contract. Monitor and verify the status of all SBE truck owner-operators working on wholly State Funded highway construction projects used for the Contract. Failure of a Contractor may result in payment being delayed or withheld as specified in Section 105; default as specified in Section 108, or termination of the Contract as specified in Section 108. Obtain executed subcontract agreements as specified in Section 108. Failure of a Contractor to meet this requirement may result in payment being delayed or withheld as specified in Section 105, default as specified in Section 108, disqualifying the Contractor from future bidding as non -responsible, or termination of the Contract as specified in Section 108. The Contractor is responsible for compliance by any subcontractor, lower tier subcontractor as specified in Section 108 . Utilize a SBE that performs a commercially useful function (CUF) and performs the work committed to at the time of contract award. Monitor and report SBE participation on the the Contract, on a monthly basis utilizing the CR-267 – Monthly Report of Utilization of DBE/ESBE or SBE form. Failure of a subcontractor or lower tier subcontractor may result in denial or limit of credit toward the Contract SBE goal, payment being delayed or withheld as specified in Section 105 ; default as specified in Section 108 , or termination of the Contract as specified in Section 108. The Contractor is required to make good faith effort as defined in N.J.A.C. 17:27 -1.1, et seq. in meeting the Equal Employment Opportunity, Affirmative Action, on -the-job training and female and minority work hour goals. Failure of a subcontractor or lower tier subcontractor may result in payment being delayed or withheld as specified in Section 105; default as specified in Section 108, or termination of the Contract as specified in Section 108. Utilize the specific SBEs listed to perform the work, manufacturer the materials or goods, and furnish or supply the equipment, materials, supplies or services for which each is listed on the CR-266 unless prior written consent from the DCR/AA is obtained. Unless prior DCR/AA consent is provided, the Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed SBE. The Contractor is responsible for Equal Employment Opportunity requirements of the Contract, including Affirmative Action. EO workforce and On -The-Job Training. Failure by the Contractor to meet the requirements of the Affi rmative Action Program for Equal Employment Opportunity may result in payment being delayed or withheld as specified in Section 105 pending corrective and appropriate measures by the Contractor to the satisfaction of the Department. The Contractor and subcontractors are required to provide all information and reports as specified in Section 107.
a.Small Business Goals for This Project NOTE: SUBCONTRACTING GOALS ARE NOT APPLICABLE IF THE CONTRACTOR IS A REGISTERED SMALL BUSINESS ENTERPRISE (SBE) FIRM. This Contract includes a goal of awarding a percentage of the Total Contract Price to subcontractors, transaction expeditors, regular dealers, manufacturers and truckers qualifying as SBEs as specified in State Funded Project Attachment 1 – Small Business Enterprise Utilization Attachment for Wholly State Funded Projects, of the Special Provisions. To receive SBE credit toward meeting a contract goal in the context of the contract award process, a SBE firm must be registered before the due date for bids or offers on the Contract. There may be situations after the award of the Contract, however, in which it is appropriate to count S BE credit for the use of a SBE firm registered after the contract is executed. To be eligible to obtain SBE credit, a SBE firm must be registered before the subcontract on which it is working is executed. If a prospective Small Business Enterprise fails to meet th e eligibility standards for participation the Department’s Small Business Program, the Contractor shall, make reasonable outreach efforts to replace that ineligible subcontractor with a registered Small Business whose participation is sufficient to meet the goal for the contract. Prospective Small Businesses whose registration applications are denied or rejected by the New Jersey Commerce and Growth Commission are ineligible for participation on the project to meet Small Business goals, regardless of any pending appeal action in progress. A Contractor is deemed to have satisfied the requirements of the SBE Program if the Contractor meets the Contract SBE goal utilizing the approved, certified SBEs for the kind and type of work shown as the SBE commitment on the most recent approved CR-266 – Schedule of Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Business Enterprise Participation form, or demonstrates an adequate GFE. DCR/AA will determine whether or not the Contractor met the Contract SBE goal or demonstrated adequate GFE. Failure to meet the Contract SBE goal or the approved SBE commitment, without demonstrating an adequate GFE, is considered a material breach of the Contract. The Contract SBE goal may be changed by the Department based on changes in the Work that increase or decrease work assigned to approved SBEs, or to create potential SBE subcontracting opportunities regarding the Contract. The Department’s DCR/AA will evaluate these changes in the Work in the same manner that the original Contract SBE goal was established. When the Contract SBE goal or the approved SBE commitment is revised due to changes in firms, type of work, work items or subcontract amounts, submit to DCR/AA:
i.a completed and signed Form CR-266 – Schedule of DBE/ESBE/SBE Participation listing each SBE 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 SBE firm of willingness to participate on the Contract, confirming the kind and amount of work th at 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 SBE trucking firms listed on the CR-266.
v.a written explanation of each revision, and why In such circumstances do not complete any portion of the CR -273, CR-272, or CR-274 forms, and the Contractor shall meet the Modified SBE goal or demonstrate an adequate GFE. If the Contractor fails to meet the Contract SBE goal, without demonstrating an adequate GFE, the Department will make a payment reduction from the total amount of payments made to the Contractor equal to the value of the SBE goal not attained as follows: SBE Goal Payment Reduction = (CG – AG) x CP Where: CG = Contract SBE Goal percentage, or approved SBE commitment, or if modified by the Department, the Modified SBE Contract Goal percentage. AG = Attained SBE Goal percentage = (total dollar amount paid to SBE suppliers and SBE subcontractors divided by CP) plus the percent value attributed to the Contractor’s GFE approved by the Department. CP = Total Adjusted Contract Price less the payment adjustments for FINAL LAYOUT, PERFORMANCE BOND AND PAYMENT BOND, and SBE Goal Payment Reduction.
105.02.06 Access to Department Facilities
Provide the Department with access to Department facilities. Ensure that the Contractor’s equipment or materials do not impede access to Department facilities, including but not limited to electrical controllers and cabinets; ITS and communication devices, controllers and cabinets; and mechanical controls for pump stations and bridges.
105.03 Conformity With Contract
The Contract is comprised of complementary documents that together describe the requirements of the Project. Requirements occurring in one are as b inding as though occurring in all. Keep one set of Plans, Special Provisions, addenda, Change of Plan, Right-of-Way Plans, Standard Specifications, and Standard Details within the Project Limits at all times. In the event the Contractor discovers a discrepancy, error, omission, or ambiguity in the Contract, or if the Contractor has any doubt or question as to the intent or meaning of the Contract, the Contracto r must immediately notify the RE as specified in 104.03.04. Do not take advantage of a discrepancy, error, omission, or ambiguity in the Contract . The Department will promptly make, in writing, interpretations or corrections if necessary. The Contractor is not relieved of the obligation to comp lete work because of a discrepancy, error, omission, or ambiguity. Do not make changes to the Work without written direction from the Department. Except where the Contract explicitly establishes a performance standard to the contrary, the work must adhere to the highest quality of prevailing industry standards. The Department may reject work that does not reasonably conform to prevailing industry standards. If the RE determines that work is not in conformance with the Contract or RE direction, remove and replace the work. The Contractor may request RE approval to perform corrective action rather than remove and replace nonconforming work. Submit a plan detailing a proposed method of performing corrective action to the RE for approval. Approval of a corrective action plan does not relieve the Contractor from providing work that is in conformance with the Contract. The Department will not make payment or modify Contract Time to correct or replace nonconforming work. The Department will not make payment for increased quantities of Items resulting from the Contractor’s failure to construct the work to the locations, dimensions and tolerances noted in the Contract. If the RE identifies work that , while not in full conformance with the Contract, is reasonably acceptable, the RE will determine if the work may remain in place. The RE and the Contractor will negotiate an appropriate reduction in the Contract price. The reduction may be for a value greater than the value of the work as determined from the bid prices. If the Department loses Federal funding for the nonconforming work, on the basis of permitting nonconforming work to remain, the Department will not pay for the work permitted to remain in place. If an appropriate modification cannot be negotiated, remove and replace or otherwise correct the work. Processing an Estimate or making payment, as specified in 109.05, does not imply or establish that the work is in conformance with the Contract.
105.04 Plans and Specifications
Perform work in conformity with the lines, grades, cross sections, dimensions, material requirements, and to the tolerances specified in the Contra ct. Whenever a slope is indicated in the Specifications, it is given in horizontal to vertical dimensions. The horizontal is indicated with an “H” and the vertical is indicated with a “V ”. In case of discrepancy, calculated dimensions will govern over s caled dimensions, Plans will govern over Specifications , Department issued documents will govern over Contractor -submitted documents, ROW Plans will govern over Plans when setting monuments; Special Provisions will govern over Standard Specifications, and Project-specific Plans will govern over Standard Details.
105.05 Working Drawings
When working drawings are specified, submit methods of construction, material designations, design calculations, catalogue cuts, illustrations, schedules, performance charts, brochures, and other information necessary to construct the work as specified in the Contract. Do not submit working drawings that are repetitious or duplicative of Items specified or detailed w ithin the Contract or that change the Contract. Changes to the Contract must be submitted to the RE for approval and implemented by change order. Ensure that working drawing submissions also conform to the Department design manuals and other Department standards for the proposed work. After Award, the Department will provide additional formatting information, the number of copies required, and the address of the receiving designated design unit. Submit working drawings on 22 × 36 inch sheets. The Department may approve the use of 8 1/2 x 11 inch sheet on a case by case basis. Submit design calculations required for the working drawings on 8 1/2 × 11 inch paper. Submit 7 copies of the working drawings to the designated design unit for review with a copy of the transmittal letter to the RE. For railroad-carrying structures, submit 4 additional copies to the designated design unit. Submit an additional copy for each outside testing agency or authority involved in the Project. For 22 × 36 inch sheets, locate the title block in the lower right -hand corner of each sheet. For 8 1/2 × 11 inch sheets, provide a cover sheet with the title block. Do not include the title block on subsequent 8 1/2 × 11 inch sheets. Include in the title block the following minimum information:
1.Route and Section or Contract number.
2.Name of bridge/structure (on structural drawings only).
3.Municipality and County.
4.Contractor’s name.
5.Fabricator’s name (if applicable).
6.Data Processing Number and Federal Project Number (if applicable).
7.Title of drawing.
8.Sheet number. For 22 × 36 inch sheets, include a revision block located to the left and adjacent to the title block and a block for an embossed Professional Engineer’s seal on each sheet. For 8 1/2 × 11 inch sheets, include a revision block and a block for an embossed Professional Engineer’s seal on the cover sheet. Do not include the r evision block and the block for an embossed Professional Engineer’s seal on subsequent 8 1/2 × 11 inch sheets. For 22 × 36 inch sheets, include the structure number shown on the Plans for each structure in the upper right-hand corner of each sheet. For 8 1/2 × 11 inch sheets, include the structure number shown on the Plans for each structure on the cover sheet. Review, sign, and submit working drawings in an orderly sequence so as not to delay the Work, or the work performed by Others. By submitting worki ng drawings for review and approval, the Contractor certifies that it has verified all field measurements and that all dimensions shown conform to the Contract. The Contractor further certifies that catalog numbers, field construction criteria, materials, and other criteria have been coordinated with the requirements of the Contract and the Work for each submitted working drawing. Working drawing notes regarding materials do not satisfy the requirements for materials approval as specified in 106.04. The certification or approval of working drawings does not constitute an approval of any materials noted. The Department’s certification or approval of working drawings signifies only that the drawing s are in general conformance with the Contract. Certification or approval of a working drawing does not constitute approval of a change in the Contract. The Department’s certification or approval of working drawings does not relieve the Contractor from responsibility for errors and omissions in the working drawings and their correction. 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 sealed 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. Table 105.05-1 – Working Drawing Submission Category Certified Approved Breakaway I-Beam GA Sign Support Posts Catalog Cuts (related to landscape Items) Bridge Drainage Change in Structural Steel Details Bridge Railing and Fencing Anchorage System Change of Prestressed Concrete Strand Patterns Catalog Cuts Demolition Plans Composite Piles Erection Plans DMS Sign Support Structure High Load Multi-Rotational (HLMR) Bearings DMS Standard Ground Mounted Isolation Bearings Elastomeric Bearings Pads ITS System Drawings, including Block Diagrams Electrical Items Not Pre-Qualified Machinery and Electrical Items for Movable Bridges Expansion Joint Assemblies (except Modular Expansion Joint Assemblies) Mechanically Stabilized Earth (MSE) Walls Precast Prestressed Concrete Beams and Piles Fabrication Modular Expansion Joint Assemblies Reinforced Elastomeric Bearings Other work shown on the Plans as conceptual Sign Legends Precast Concrete Arch Structures Sign Support Structures Precast Concrete Box Culverts Structural Steel Fabrication Prefabricated Modular Walls Stay-In-Place Forms Temporary Sheeting and Cofferdams Temporary Shielding Temporary Structures Value Engineering Plans Submit working drawings for certification and approval as follows:
1.Certified Working Drawings. For working drawings requiring certification, include 2 blank blocks directly above the title block. Designate one block for design unit certification, and designate the other block for the Contractor’s approval stamp and a signed statement stating that the Contract has not been altered . The Department will require 30 days for review and certification or rejection and return of certified working drawings. The designated design unit, upon receipt of working drawings submitted for certification, will review the working drawing for conformance with the Contract. The designated design unit may certify compliance, conditionally certify compliance with notation or comment, or reject working drawings as submitted. The designated design unit will sign and stamp the submitted working drawings as follows:
1.“CERTIFIED” for certification without condition.
2.“CERTIFIED AS NOTED” for conditional certification.
3.“REVISE AND RESUBMIT” for rejection or non-certification. For submitted working drawings that are stamped “ REVISE AND RESUBMIT,” the designated design unit will return the submitted working drawings directly to the Contractor with a copy to the RE. Make the required revisions, corrections, and additions, and otherwise comply with the directions of the designated design unit. Ensure that revisions, corrections, additions, and other changes that were not directed are emphasized on the working drawings. Promptl y re-submit the specified number of copies to the designated design unit. Only resubmit the sheets stamped “REVISE AND RESUBMIT,” and other sheets that are revised with corrections, additions, and other changes that were not directed. Do not perform work or order materials relating to the submitted working drawings before the designated design unit stamps the working drawings “CERTIFIED” or “CERTIFIED AS NOTED.” For the working drawings stamped “CERTIFIED AS NOTED,” submit to the RE the revised working drawings incorporating or satisfying the conditions of the certification in the designated design unit’s notes or comments. Ensure that the revised working drawings are submitted to the RE within 30 days of receipt of the conditional certification.
2.Approved Working Drawings. For working drawings requiring approval, include 3 blank blocks directly above the title block. Designate one block for design unit recommendation for approval, designate the second block for the Department’s approval, and designate the third block for the Contractor’s approval stamp. The Department will require 45 days for review and approval or rejection and return of working drawings. The designated design unit, upon receipt of working drawing submitted for approval, will review the working drawing for conformance with the Contract and the design concept of the Project. The designated design unit may recommend approval to the Department or may reject working draw ings as submitted. The designated design unit will sign and stamp the submitted working drawings as follows:
1.“RECOMMENDED FOR APPROVAL” for submission to the Department.
2.“REVISE AND RESUBMIT” for rejection or non-approval. When the designated design unit signs and stamps the working drawings “ RECOMMENDED FOR APPROVAL,” the designated design unit will submit the working drawing to the Department for approval. The Department will sign and stamp the submitted working drawings as follows:
1.“APPROVED” for approval.
2.“REVISE AND RESUBMIT” for rejection or non-approval. For submitted working drawings that are stamped “REVISE AND RESUBMIT,” the designated design unit or Department will return the submitted working drawings directly to the Contractor with a copy to the RE. Make the required revisions, corrections, and additions and otherwise comply with the directions of the designated design unit or Department. Ensure that revisions, corrections, additions, and other changes that were not directed are emphasized on the working drawings. Promptly re -submit the specified number of copies to the designated design unit. Only resubmit the sheets stamped “REVISE AND RESUBMIT,” and other sheets that are revised with corrections, additions, and other changes that were not directed. Do not perform work or order materials relating to the submitted working drawings before the Department stamps the working drawings “APPROVED.” After the submitted working drawings have been stamped “CERTIFIED,” “CERTIFIED AS NOTED,” or “APPROVED,” submit the final drawings, including the Designer’s stamp, the Department’s stamp, and the Contractor’s approval stamp, containing the word “APPROVED,” and the Contractor’s original signature and date on 3.15 mil minimum polyester film to the RE at least 30 days before Completion. Also, submit the specified number of copies on bond. Ensure that lines and lettering are opaque and of sufficient height and width so that legible 11 × 17 inch reductions may be made. Do not deviate from the approved, certified, or conditionally certified working drawings without obtaining prior written approval from the RE. Ensure future revisions to the original tracing have the date within the approval stamp updated with each revision to verify that the revision was reviewed and approved by the Contractor.
105.06 Cooperation With Others
At any time during the Contract, the Department has the right to procure, permit, and have work performed by Others on or near the Project. The Department will provide available information for work to be performed by Others. Conduct Work so as not to interfere with or hinder the progress of the work being performed by Others. The Contractor assumes the positive obligation of cooperating with and coordinating its activities with the work done by Others. If there is a difference of opinion regarding the rights of the Contractor and Others doing work, the RE will decide the rights of the various parties involved.
105.07 Cooperation With Utilities
105.07.01 Working in the Vicinity of Utilities
A.Initial Notice. For the Utilities specified in the Special Provisions, at least 10 days before beginning construction operations, submit notice to each Utility, with a copy to the RE, that includes the following:
1.Name and location of the Project.
2.Name and contact information of the Contractor and superintendent.
3.Portion of the approved preliminary schedule or baseline schedule that affects the Utility. If the Work requires or causes the Contractor to enter railroad ROW, obtain the regulations from the railroad, including fouling parameters, before beginning construction operations.
B.Locating Existing Facilities. Before performing construction operations, obtain the location of utilities and Department electrical and ITS facilities as follows:
1.Notify the State’s One Call System (811) to obtain the location of public utilities. The locations of gravity sewer mains are not identified by the State’s One Call System, the Contractor is responsible for locating gravity sewer mains.
2.For the Department’s fiber optic network, obtain and complete the fiber optic markout request form as specified in the Special Provisions. Submit a fiber optic markout request form to the Traffic Operations location specified in the Special Provisions for the markout. The Traffic Operations will complete the markout within 15 days of the receipt. Provide the RE a copy of the markout and maintain the markout until construction operations in the vicinity of the Department’s fiber optic network are completed.
3.For the Department’s electrical facilities and other ITS facilities, obtain the as-built information as specified in
102.04 and contact the Department as specified in the Special Provisions.
At least 15 days before excavating test pits, as specified in 202.03.02, to determine utility locations, contact each affected Utility.
C.Protection of Utilities. If required by the Utility, provide the required advance notice before beginning the work within the vicinity of the utility. If utilities need to be supported or protected, submit a plan to the Utility for approval that i ncludes the method of support or protection to provide for uninterrupted service. At least 20 days before beginning the work, provide a copy of the plan and the Utility’s approval to the RE. Protect and support utiliti es according to the approved plan. Protect and support existing Department electrical and ITS facilities and ensure that there is no interruption of service. Use hand tools only while working within two feet of the fiber optic network. At least 30 days before beginning the work, submit a plan to the RE for approval showing the method of support and protection. When access to Traffic Operation Centers, communication hubs, ITS cabinets or any other ITS facilities is required to perform work, submit a request for access to ITS facilities. Ensure that the request for access is made at least 5 working days before any work is scheduled, using the online form as specified in the Special Provisions. When high voltage lines are within t he Project Limits, comply with N.J.S.A. 34:6 -47.1 to N.J.S.A. 34:6 -47.9, 29 CFR 1926.550, and N.J.A.C. 16:25. Obtain written approval from the Department of Labor, Office of Safety Compliance, and the respective Utilities for construction operations that do not provide the minimum clearances under these regulations. Access within railroad ROW is restricted. Before beginning work within the railroad ROW or on railroad facilities, obtain the railroad’s written approval for access, the method of construction, and the schedule of the work. Provide a copy of the submittal and approval to the RE . Comply with the railroad’s requirements for working within the railroad ROW. If the Contractor wants to use crossings other than those indicated in the Contract, obtain written approval from the railroad. At least 14 days before beginning the work, provide the RE with a copy of the approval. When working in proximity of the railroad, do not interfere with the continuity of railroad operations. The Department will provide the estimated railroad train schedules in the Special Provisions. Ensure that construction operations do not affect the tracks appurtenances, and other property of the railroad. Ensure that the work is performed following the railroad’s access and safety restrictions. Do not store or operate equipment or material within the fouling distance of railroad facilities without written approval from the railroad. Provide the RE a copy of the approval at least 7 days before beginning the work.
D.Access. Provide Utilities or their agents access to their facilities at all time s, including the opportunity to monitor the work.
E.Damage. If the Contractor damages a utility, including service connections, immediately notify the affected Utility and the RE.
105.07.02 Work Performed by Utilities
The Contractor is responsible for coordinating work performed by Utilities, and is responsible for delays and costs resulting from failure to coordinate. Provide a written request to each Utility in the time specified for the advance notice requirements specified in the Special Provisions. Include the following:
1.Name and location of the Project.
2.Name and contact information of the Contractor and superintendent.
3.Portion of the approved preliminary schedule or baseline schedule that affects the Utility. Provide a copy of the notice and response to the RE. Where Utilities jointly use poles or duct banks, the Utilities will perform the work sequentially. Ensure that the work site is in a condition that allows the Utility to perform its work at the scheduled time. If the Contractor fails to provide the work site at the scheduled time, the Contractor is responsible for the resulting delays and costs to the Project. If the Contractor causes the Utility to incur additional costs, or delays the Utility w ithout prior written approval of the RE, the Contractor is responsible for these costs and delays. The Department has the right to recover the cost of damages from the Contractor. Immediately notify the RE of failure by the Utility to respond or complete its work as specified in the Special Provisions.
105.08 Environmental Protection
Perform the Work in compliance with environmental requirements of the Contract and the terms and conditions of permits, grants, licenses, authorizations, certifications , and other approvals procured for the Work. Maintain a copy of Department-obtained permits, grants, licenses, authorizations, certifications, and other approvals within the Project Limits. Keep a copy of Contractor -obtained permits, grants, licenses, authorizations, certifications, and other approvals for the Work within the Project Limits. Obtain all permits, grants, licenses, authorizations, and other approvals, for off-site disposal, storage, and borrow locations. These may include but are not limited to wetlands, floodplains, regulated waste, threatened and endangered species, and historic properties (archeological sites, historic buildings, and historic districts). Conduct the studies required to obtain the necessary environmental clearances, permits, grants, licenses, authorizations, and other approvals for off-site disposal, storage, and borrow locations. Provide the RE a copy of all of the permits, grants, licenses, authori zations, and other approvals. The Department’s authority to certify SESC plans does not include off-Project borrow pits, disposal sites, or storage areas that the Contractor uses or establishes to accomplish the Work of the Project. If the land disturbance for off-Project work is 555 square yards or greater, provide the RE with a copy of the SESC plan certified by the soil conservation district according to N.J.S.A. 4:24-39, et seq. Do not use treated timber products in shellfish areas and other environmentally sensitive areas such as, but not limited to, essential fish habitat, endangered or threatened species habitat, category one waters, trout-associated waters, and wetlands. Use non-polluting materials such as fiberglass composites in these areas. Bef ore using treated timber products in areas other than those specified in the Contract, obtain the Department's approval. Take the necessary precautions to prevent pollution, caused by construction operations, of land, air, waterbodies, wetlands, and ground water within and beyond Project Limits. Employ methods and controls to minimize noise caused by construction operations. Before beginning construction operations, ensure that SESC methods are in place and functioning as specified in 158.03.02. Also, comply with the following:
1.Historical and Archeological Sites. Ensure that locations eligib le for or listed on the State or National Registers of Historic Places are not used for disposing, storing, or obtaining borrow excavation. For information about historical places, consult the New Jersey Department of Environmental Protection Historic Preservation Office website at www.state.nj.us/dep/hpo/1identify/nrsr.htm. When prehistoric or historic artifacts or remains are encountered, immediately cease construction operations in that area and notify the RE. Do not resume construction operations until the Department provides direction.
2.Forests. When performing work within or adjacent to State or National Fores ts or Parks, comply with the regulations of the State Fire Warden, State Division of Parks and Forestry, or other authority having jurisdiction. Take reasonable precautions to prevent forest fires caused by construction operations and also other precautions requested by Forestry officials. If a wild fire occurs, immediately notify a Forestry official and the RE of the location and extent of the fire.
3.Navigable Waters. If work is required over, on, or adjacent to navigable waters, do not interfere with the free navigation of the waterways, and ensure that the existing navigable depths are not reduced, except as allowed by permits issued for the Project. Before beginning work in or over a navigable waterway for which a Coast Guard permit has been issued, notify the Coast Guard and other agencies specified by permit condition.
4.Hazardous Material. If evidence of hazardous material not specified in the Contract is discovered, immediately cease construction operations and notify the RE. Do not resume construction operations in that area until the Department provides direction.
105.09 Load Restrictions
Do not haul equipment or loads whose weight may damage structures, roadways, or construction. The RE may limit hauling of materials over the pavement struc ture. When hauling outside of the Project Limits, do not exceed legal load limits unless a permit is obtained from the New Jersey Motor Vehicle Commission. If the Contractor is provided a certified weigh ticket by the material supplier, submit a copy of t he certified weigh ticket to the RE. If a certified weigh ticket is not provided by the material supplier, and when the Contractor will haul more than 5,000 cubic yards of material for that Item to or from the Project Limits, submit to the RE a list of the trucks to be used for the operation. Include the certified tare weight of the truck, license plate number, and the motor vehicle classification. At least 5 days before starting hauling, provide the RE notice when hauling will begin. Provide to the RE a certified weigh ticket indicating the gross weight for the first load for each truck. If the RE finds that trucks are in violation of the legal weight limits under N.J.S.A. 39:3-84, the RE has the right to reject that load of material. The RE has the right to suspend the Work for repeated violations until the condition is corrected.
105.10 Use of Explosives
When using explosives, conform to N.J.S.A. 21:1A-128, et seq. and N.J.A.C. 12:190. When storing explosives within the Project Limits, store safely under lock and key at a location approved by the RE. Clearly mark the storage places as DANGEROUS EXPLOSIVES. Ensure that the storing and handling of explosives and highly inflammable materials conform to the regulations of the New Jersey Department of Labor and Workforce Development Safety Compliance Unit and local regulations.
Referenced in this section
Control of Work in other states
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Source: Standard Specifications for Road and Bridge Construction, 2019 (rev. 2022-12-21) Edition. Pages 66–79 of 651. View official source ↗