special provisions route u.s. 206, …

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ROUTE U.S. 206/CONTRACT NO. 098970231 Page 1 of 66 SPECIAL PROVISIONS ROUTE U.S. 206, WATERLOO/BROOKWOOD ROADS (CR 604) FROM THE VICINITY OF ACORN STREET TO THE CLIMBING LANE ON ROUTE U.S. 206 NORTHBOUND CONTRACT NO. 098970231 GRADING, PAVING AND STRUCTURES TOWNSHIP OF BYRAM AND BOROUGH OF STANHOPE, SUSSEX COUNTY AUTHORIZATION OF CONTRACT The Contract is authorized by the provisions of Title 27 of the Revised Statutes of New Jersey and supplements thereto, and Title 23 of the United States Code - Highways. SPECIFICATIONS TO BE USED The 2007 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation 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 66 inclusive. 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 web site at http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.html The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (NJSA 34:11-56.25, et seq.). If an employee of the Contractor or subcontractor has been paid a rate of wages less than the prevailing wage, the Department may suspend the Work, and declare the Contractor in default. The following Wholly State funded project Attachments that are located after Division 1000: 1. Equal Employment Opportunity for Contracts Funded by Wholly State Funds. 2. Payroll Requirements for 100 Percent State Projects. 3. Americans with Disabilities Act for 100 Percent State Funded Contracts. 4. Equal Employment Opportunity Special Provisions Construction Contracts Funded by Wholly State Funds. 5. Small Business Enterprise Utilization Attachment for 100% State Funded Contracts. 6. Minority/ Female Outreach and Training Progr am Attachment for Wholly State Funded Projects.

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Page 1: SPECIAL PROVISIONS ROUTE U.S. 206, …

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SPECIAL PROVISIONS ROUTE U.S. 206, WATERLOO/BROOKWOOD ROADS (CR 604)

FROM THE VICINITY OF ACORN STREET TO THE CLIMBING LANE ON ROUTE U.S. 206 NORTHBOUND

CONTRACT NO. 098970231 GRADING, PAVING AND STRUCTURES

TOWNSHIP OF BYRAM AND BOROUGH OF STANHOPE, SUSSEX COUNTY

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

SPECIFICATIONS TO BE USED The 2007 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation 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 66 inclusive.

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 web site at http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.html The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (NJSA 34:11-56.25, et seq.).

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

The following Wholly State funded project Attachments that are located after Division 1000:

1. Equal Employment Opportunity for Contracts Funded by Wholly State Funds. 2. Payroll Requirements for 100 Percent State Projects. 3. Americans with Disabilities Act for 100 Percent State Funded Contracts. 4. Equal Employment Opportunity Special Provisions Construction Contracts Funded by Wholly State Funds. 5. Small Business Enterprise Utilization Attachment for 100% State Funded Contracts. 6. Minority/ Female Outreach and Training Program Attachment for Wholly State Funded Projects.

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DIVISION 100 – GENERAL PROVISIONS

SECTION 101 – GENERAL INFORMATION

101.01 INTRODUCTION THE FOLLOWING IS ADDED:

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

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

Do not expend or cause to be expended any sum in excess of the amount allocated in the current fiscal year's Capital Program (as specified below). The Department will notify the Contractor when additional funding has been appropriated. Any expenditure by the Contractor which exceeds the amount appropriated is at the Contractor's risk and the Contractor waives its right to recover costs in excess of that appropriated amount.

The approved 2010 Capital Program has an item with $ 151.002,541 million for the construction of the Project.

The Department anticipates that the balance of the funds necessary to complete the Project will be provided during State FY 2011.

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 TERMS ARE CHANGED.

pavement structure. The combination of pavement, base courses, and when specified, a subbase course, placed on a subgrade to support the traffic load and distribute it to the roadbed (see Figure 101-1). These various courses are defined as follows:

1. pavement. One or more layers of specified material of designed thickness at the top of the pavement structure.

2. base course. One or more layers of specified material of designed thickness placed on the subgrade or subbase.

3. subbase. One or more layers of specified material of designed thickness placed on the subgrade.

101.04 INQUIRIES REGARDING THE PROJECT

1. Before Award of Contract. THE FIRST PARAGRAPH IS CHANGED TO:

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

2. After Award of Contract.

North Region Mr. Carl F. Kneidinger, Regional Construction Engineer 200 Stierli Court Mt. Arlington, NJ 07856-1322 Telephone: 973-770-5025

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SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS

102.02 BIDDER REGISTRATION AND DOWNLOADING OF THE PROPOSAL DOCUMENTS THE LAST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

The Bidder shall not alter or in any way change the software.

102.03 REVISIONS BEFORE SUBMITTING A BID THE SECOND PARAGRAPH IS CHANGED TO:

The Bidder shall acknowledge all addenda posted through the Department’s website. The addenda acknowledgement folder is included in the Department’s electronic bidding file. The Department has the right to reject the bid if the Bidder has not acknowledged all addenda posted.

102.04 EXAMINATION OF CONTRACT AND PROJECT LIMITS

1. Evaluation of Subsurface and Surface Conditions. THE FOLLOWING IS ADDED:

International Roughness Index (IRI) values of the existing roadway

Route Mile Post Existing IRI Value From To 206 N 98.3 98.4 124

206 N 98.4 98.5 120

206 N 98.5 98.6 94

206 N 98.6 98.7 109

206 N 98.7 98.8 188

206 N 98.8 98.9 151

206 N 98.9 99.0 93

206 N 99.0 99.1 110

206 N 99.1 99.2 353

206 N 99.2 99.3 205

206 N 99.3 99.4 158

206 N 99.4 99.5 129

206 N 99.5 99.6 146

206 N 99.6 99.7 172

206 N 99.7 99.8 107

206 N 99.8 99.9 132

206 N 99.9 100.0 108

206 S 98.3 98.4 160

206 S 98.4 98.5 135

206 S 98.5 98.6 115

206 S 98.6 98.7 116

206 S 98.7 98.8 189

206 S 98.8 98.9 121

206 S 98.9 99.0 97

206 S 99.0 99.1 110

206 S 99.1 99.2 114

206 S 99.2 99.3 97

206 S 99.3 99.4 102

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206 S 99.4 99.5 103

206 S 99.5 99.6 112

206 S 99.6 99.7 129

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

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NEW JERSEY DEPARTMENT OF TRANSPORTATION

PAVEMENT CORE RECORD PROJECT/ROUTE & SECTION: ROUTE U.S. 206 / M.P. 98.37 TO M.P. 99.60

DRILLER: JERSEY BORING & DRILLING COMPANY

INSPECTOR: AMERCOM CORPORATION

COUNTY/TOWNSHIP: SUSSEX COUNTY/ BYRAM TOWNSHIP

DATE STARTED: JULY 12, 2001 DATE COMPLETED: JULY 13, 2001

CORE NUMBER 1 2 3 4 5

ROUTE ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

DIRECTION (N, E, S, W) N N N S N

MILE POST (MP or Station) 158+520 158+520 158+719 158+719 158+982

LANE NO. (Left to Right) - 1 1 1 -

SHOULDER (Inside or Outside) OUTSIDE - - - OUTSIDE

CORE DIAMETER (Inches) 4 4 4 4 4

TOTAL CORE DEPTH (Inches) 8 14.25 13.5 9 8.5

CORE DRILLED TO 8 14.25 13.5 9 8.5

SURFACE TYPE (AC/PC) AC AC AC AC AC

AC THICKNESS (Inches) 8.00 5.24 4.02 9.02 8.51

PC THICKNESS (Inches) - 9.02 9.38 - -

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

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CORE NUMBER 6 7 8 9 10

ROUTE ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

DIRECTION (N, E, S, W) S S S N S

MILE POST (MP or Station) 158+982 159+375 159+375 159+667 159+667

LANE NO. (Left to Right) 1 1 - 1 1

SHOULDER (Inside or Outside) - - OUTSIDE - -

CORE DIAMETER (Inches) 4 4 4 4 4

TOTAL CORE DEPTH (Inches) 13.5 13.5 9.25 20 14

CORE DRILLED TO 13.5 13.5 9.25 20 14

SURFACE TYPE (AC/PC) AC AC AC AC AC

AC THICKNESS (Inches) 4.26 4.49 9.26 20.02 5.00

PC THICKNESS (Inches) 9.26 9.02 - - 9.02

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

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CORE NUMBER 11 12 13 14 15

ROUTE ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

LAKE LACKAWANNA

DRIVE

DIRECTION (N, E, S, W) N S N N W

MILE POST (MP or Station) 159+909 159+909 160+276 160+276

LANE NO. (Left to Right) 1 1 2 1 2

SHOULDER (Inside or Outside) - - - - -

CORE DIAMETER (Inches) 4 4 4 4 4

TOTAL CORE DEPTH (Inches) 10 11.5 14 16.75 10.5

CORE DRILLED TO 10 11.5 14 16.75 10.5

SURFACE TYPE (AC/PC) AC AC AC AC AC

AC THICKNESS (Inches) 10.01 11.50 5.00 7.53 10.52

PC THICKNESS (Inches) - - 9.02 9.26 -

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

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CORE NUMBER 16 17

ROUTE BROOKWOOD ROAD

WATERLOO ROAD

DIRECTION (N, E, S, W) W E

MILE POST (MP or Station)

LANE NO. (Left to Right) 1 1

SHOULDER (Inside or Outside) - -

CORE DIAMETER (Inches) 4 4

TOTAL CORE DEPTH (Inches) 4 11

CORE DRILLED TO 4 11

SURFACE TYPE (AC/PC) AC AC

AC THICKNESS (Inches) 4.02 10.99

PC THICKNESS (Inches) - -

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

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NEW JERSEY DEPARTMENT OF TRANSPORTATION PAVEMENT CORE RECORD

PROJECT/ROUTE & SECTION: ROUTE U.S. 206 / M.P. 98.37 TO M.P. 99.60

DRILLER: ADVANCED INFRASTRUCTURE DESIGN INCORPORATED

INSPECTOR: AMERCOM CORPORATION

COUNTY/TOWNSHIP: SUSSEX COUNTY/ BYRAM TOWNSHIP

DATE STARTED: AUGUST, 2001 DATE COMPLETED: AUGUST, 2001

CORE NUMBER 1 2 3 4 5

ROUTE ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

DIRECTION (N, E, S, W) N N S S N

MILE POST (MP or Station) 158+455 158+483 159+009 159+024 159+081

LANE NO. (Left to Right) 1 - - 1 1

SHOULDER (Inside or Outside) - OUTSIDE OUTSIDE - -

CORE DIAMETER (Inches) 4 4 4 4 4

TOTAL CORE DEPTH (Inches) 13.5 9.5 10 13.25 9

CORE DRILLED TO 13.5 9.5 10 13.25 9

SURFACE TYPE (AC/PC) AC AC AC AC AC

AC THICKNESS (Inches) 4.5 9.5 10 4.25 9

PC THICKNESS (Inches) 9.25 - - 9 -

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

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CORE NUMBER 6 7 8 9 10

ROUTE ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

DIRECTION (N, E, S, W) N N S S S

MILE POST (MP or Station) 159+374 159+394 159+817 159+829 159+857

LANE NO. (Left to Right) 1 - - 1 1

SHOULDER (Inside or Outside) - OUTSIDE OUTSIDE - -

CORE DIAMETER (Inches) 4 4 4 4 4

TOTAL CORE DEPTH (Inches) 13 10.5 10 14.5 14.75

CORE DRILLED TO 13 10.5 10 14.5 14.75

SURFACE TYPE (AC/PC) AC AC AC AC AC

AC THICKNESS (Inches) 4 10.5 10 5.5 5.5

PC THICKNESS (Inches) 9 - - 9 9.25

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

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CORE NUMBER 11 12 13

ROUTE ROUTE U.S. 206

ROUTE U.S. 206

ROUTE U.S. 206

DIRECTION (N, E, S, W) N N N

MILE POST (MP or Station) 160+057 160+057 160+404

LANE NO. (Left to Right) 1 2 1

SHOULDER (Inside or Outside) - - -

CORE DIAMETER (Inches) 4 4 4

TOTAL CORE DEPTH (Inches) 18 14.5 18

CORE DRILLED TO 18 14.5 18

SURFACE TYPE (AC/PC) AC AC AC

AC THICKNESS (Inches) 9 5.5 9

PC THICKNESS (Inches) 9 9 9

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

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

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3. Existing Plans and As-Builts.

Existing Plans and As-builts used are as follows: a. Route 31(1927) Section 3 b. Route U.S. 206 (1953) Section 21A c. Route 80 Section 1M d. Route 206 As-Built (Feb. 1998, M.P. 99.5 to M.P. 99.2)

SECTION 104 – SCOPE OF WORK

104.03.04 Contractual Notice THE SECOND PARAGRAPH IS CHANGED TO:

Immediately provide written notice to the RE of a circumstance that is believed to be a change to the Contract. If notice is not provided on Contractual Notice (Form DC-161), include the following in the initial written notice:

1. A statement that this is a notice of a change. 2. The date when the circumstances believed to be a change were discovered. 3. A detailed and specific statement describing the nature and circumstances of the change. 4. If the change will or could affect costs to the Department. 5. If the change will or could affect Contract Time as specified in 108.11.01.C.

In addition to the hard copy of the notice, email the notice to the RE. It is not necessary to attach listed documents to the email.

SECTION 105 – CONTROL OF WORK

105.05 WORKING DRAWINGS THE SECOND PARAGRAPH IS CHANGED TO:

Ensure that working drawing submissions also conform to the Department design manuals and other Department standards for the proposed work. Ensure that working drawings are signed and sealed by a Professional Engineer. After Award, the Department will provide additional formatting information, the number of copies required, and the designated design unit to which the Contractor shall submit working drawings.

105.07.01 Working in the Vicinity of Utilities

A. Initial Notice. Utility Company/Agency Contact

Telephone: Verizon Mr. Darren Clay Floor 3 Tel: (973)-631-7561 175 Park Avenue Madison, NJ 07940

Telephone: Embarq (Formally Sprint) Mr. Charles Joe Nabasko (Fiber Optic) 160 Center Street Tel: (908)-735-3012

Clinton, NJ 08809

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Electric: Jersey Central Power and Light (JCP&L) Mr. William S. Delgado Company Tel: (973)-401-8765 300 Madison Avenue P.O. Box 1911 Morristown, NJ 07962

Sanitary: Township of Byram Mr. Adolf Steyh Department of Public Works Tel: (973)-347-2500 ext. 137 10 Mansfield Drive Stanhope, NJ 07874

Water: East Brookwood Property Owners Mr. Richard Stopa 2 Brookwood Road Tel: (973)-347-9004 P.O. Box 575 Stanhope, NJ 07874

Cable: Service Electric Cable Television of NJ, Inc. Mr. Robbin Caldarella 320 Sparta Avenue Tel: (973)-729-4871 P.O. Box 853 Sparta, NJ 07871

B. Locating Existing Facilities.

2.

Bureau of Traffic Operations, North Region (TOCN) 670 River Drive Elmwood Park, NJ 07407-1347 Telephone: 201-797-3575

3.

Bureau of Electrical Maintenance, North Region 200 Stierli Court Mt. Arlington, NJ 07856-1322 Telephone: 973-770-5065

C. Protection of Utilities. THE SECOND PARAGRAPH IS CHANGED TO:

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.

JCP&L will permit short term outages – approximately 1 hour – if necessary during construction. JCP&L requires written notification at least 6-8 weeks in advance for this interruption of service. JCP&L will provide the Contractor a list of property owners who will be affected by the outage, and the Contractor shall contact these property owners. Should there be need for uninterrupted power supply at a sensitive location, provide a generator during the outage.

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105.07.02 Work Performed by Utilities

Company Name & Address Contact Person Number of Day Advance Notice Verizon Floor 3 175 Park Avenue Madison, NJ 07940

Mr. Darren Clay Tel: (973)-631-7561 40 days

Embarq (Formally Sprint) 160 Center Street Clinton, NJ 08809

Mr. Charles Joe Nabasko Tel: (908)-735-3012 20 days

Jersey Central Power and Light (JCP&L) Company 300 Madison Avenue P.O. Box 1911 Morristown, NJ 07962

Mr. William S. Delgado Tel: (973)-401-8765 20 days

Township of Byram Department of Public Works 10 Mansfield Drive Stanhope, NJ 07874

Mr. Adolf Steyh Tel: (973)-347-2500 ext. 137 20 days

East Brookwood Property Owners 2 Brookwood Road P.O. Box 575 Stanhope, NJ 07874

Mr. Richard Stopa Tel: (973)-347-9004 20 days

Service Electric Cable Television of NJ, Inc. 320 Sparta Avenue P.O. Box 853 Sparta, NJ 07871

Mr. Robbin Caldarella Tel: (973)-729-4871 40 days

UTILITY OWNER: Verizon Work to be performed by the company:

1. Relocation of approximately 10,100 ft of aerial telephone cables. 2. Excavating and repositioning approximately 3,000 ft of underground telephone conduit system. 3. Excavate and reposition existing 15 × 4 in underground telephone conduits over Lubbers Run culvert

using Slider-Glider during the placement of three-sided precast concrete sections. 4. Installation of 51 utility poles. 5. Removal of 54 utility poles. 6. Providing service connections. 7. Reterminating underground service connections.

Work Schedule: The company estimates 118 days to complete construction of all items indicated above. UTILITY OWNER: Service Electric Cable Television of NJ, Inc. Work to be performed by the company:

1. Relocation of approximately 10,600 ft of aerial Cable-TV facilities.

Work Schedule: The company estimates 16 days to complete construction of all items indicated above. UTILITY OWNER: Embarq (Formally Sprint) Work to be performed by the company:

1. Relocation of approximately 7,500 ft of aerial telephone cables.

Work Schedule: The company estimates 12 weeks to complete construction of all items indicated above.

105.08 ENVIRONMENTAL PROTECTION THE FOLLOWING IS ADDED:

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Be aware of the following time restrictions contained within the special conditions of the Flood Hazard Area Permit for the Project:

1. In order to protect the wood turtle habitat within and adjacent to Lubbers Run, the following timing restrictions shall apply:

a. In-stream work (including stream bank excavation): In order to prevent adverse impacts to hibernating turtles, do not permit site preparation, disturbance, grading, clearing or construction activity within the banks of the referenced watercourse between November 1 and April 1 of the calendar year. If a cofferdam is proposed to completely enclose the work area, work may occur during this restricted period provided the cofferdam installation is completed prior to November 1 and thereafter completely precludes turtles from accessing the work area to rest or hibernate. This must include appropriate bank-side fencing to preclude terrestrial access to the cofferdam work area. Immediately after installation, hire an NJDEP approved herpetologist to thoroughly inspect the enclosed area for wood turtles. Ensure any wood turtles found are reported to the NJDEP, Division of Fish and Wildlife, Endangered and Nongame Species Program (contact Brian Zarate at (908) 638-4127), and relocated outside the proposed work area. Once this inspection is complete, allow authorized activities to commence only within the cofferdammed work area.

b. Wetlands/Transition Area/Riparian Zone work: In order to prevent adverse impacts to wood turtles or their resting, breeding or foraging habitats within the regulated areas (Freshwater Wetlands/Transition Areas/Riparian Zone) associated with the referenced watercourse, do not allow authorized activities from April 1 through May 30 and September 1 through November 15 of the calendar year unless the following measures have been taken:

i. Prior to the commencement of site preparation, disturbance, grading, clearing or construction activity, erect a silt/debris fence around the footprint of all proposed activities (temporary and permanent) sufficient to exclude small wildlife species, and specifically wood turtle, from entering the proposed construction area. Immediately thereafter, hire an NJDEP approved herpetologist to thoroughly inspect the fenced-in work area for wood turtles. Once this inspection is complete, allow authorized activities to commence only within the fenced work area. Ensure the fence is monitored weekly and maintained until project completion.

ii. Ensure any wood turtles found are reported to the NJDEP, Division of Fish and Wildlife, Endangered and Nongame Species Program (contact Brian Zarate at (908) 638-4127), and relocated outside of the proposed work area.

2. In order to protect the trout stocked Lubbers Run, do not permit construction, excavation, filling or grading, within the channel between March 15 through June 15 of each year. Furthermore, do not permit construction, excavation, filling or grading in the riparian zone unless appropriate soil erosion control measures are in place that prevent sediment from reaching the channel are demonstrated. If a cofferdam is installed prior to the timing restriction, allow construction, excavation, filling or grading within the channel of Lubbers Run only within confines of the cofferdam during this restricted period.

3. In order to protect potential summer habitat for the federally listed Indiana bat (Myotis sodalist), do not allow tree clearing from April 1 to November 15.

4. No authorized activities can commence until a Phase I bog turtle survey is conducted and forwarded to the USFWS for review (refer to control number 09-FA0193). If the Service determines bog turtle habitat exists within the project area, no authorized activities can commence within (the determined) bog turtle habitat from May 1 through October 30 of the calendar year unless the following measures have been taken:

a. Prior to the commencement of any site preparation, disturbance, grading, clearing or construction activity, erect a silt/debris fence around the footprint of all proposed activities (temporary and permanent) sufficient to exclude small wildlife species, and specifically bog turtle, from entering the proposed construction area.

b. Immediately thereafter, hire an NJDEP approved herpetologist to thoroughly inspect the fenced-in work area for bog turtles. Ensure any bog turtles found are reported to the NJDEP, Division of Fish and Wildlife, Endangered and Nongame Species Program (contact Brian Zarate at (908) 638-4127), and relocated outside the proposed work area. Once this inspection is complete, allow authorized

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activities to commence only within the fenced work area. Ensure the fence is monitored weekly and maintained until project completion.

SECTION 107 – LEGAL RELATIONS

107.04 NEW JERSEY CONTRACTUAL LIABILITY ACT THE FOURTH PARAGRAPH IS CHANGED TO:

For purposes of determining the date of “completion of the contract” pursuant to N.J.S.A. 59:13-5, “completion of the contract” occurs on the date that the Contractor provides written notice to the Department of Acceptance or conditional Acceptance of the Proposed Final Certificate or the 30th day after the Department issues the Proposed Final Certificate, whichever event occurs first.

107.09 INDEPENDENT CONTRACTOR THE SECOND SENTENCE IS CHANGED TO:

It shall neither hold itself out as, nor claim to be, an officer or employee of the Department by reason hereof.

107.12.01 Satisfying the Notice Requirements THE FOLLOWING IS ADDED TO THE SECOND PARAGRAPH:

Upon request, provide the RE with 3 copies of all documentation submitted in support of the claim.

SECTION 108 – PROSECUTION AND COMPLETION

108.01 SUBCONTRACTING

1. Values and Quantities.

1.

Specialty Items are as listed below:

Above ground highway lighting items. Electrical wire items.

Stone Veneer. Textured Surface Treatment (Crosswalk and Center Turn Lane). Formliner.

108.02 COMMENCEMENT OF WORK THE SUBPART 4 IN THE FIRST PARAGRAPH IS CHANGED TO:

4. Progress schedule as specified in 153.03

108.08 LANE OCCUPANCY CHARGES THE SECOND PARAGRAPH IS CHANGED TO:

The RE will keep record of each occurrence as well as the cumulative amount of time that a lane is kept closed beyond the lane closure schedule and provide the record to the Contractor. The Department will calculate the lane occupancy charge by multiplying the length of time of the delayed opening, in minutes, by the rate of $10 per minute per lane, unless otherwise specified in the Special Provisions. The total amount per day for the lane occupancy charge that the Department will collect will not exceed $10,000.00. THE FOLLOWING IS ADDED:

The rate to calculate the Lane Occupancy Charge is as follows:

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Description Rate Overrun of “One Lane Closure/Alternating Traffic” Time Limits $30/minute

108.10 CONTRACT TIME

A. Complete all work required for Substantial Completion on or before December 5, 2011.

B. Achieve Completion on or before February 3, 2012.

108.12 RIGHT-OF-WAY RESTRICTIONS

The Department has not obtained the following Right-of-Way parcels; the anticipated availability dates are provided:

Properties and Vacation/Availability Dates Demolition and/ or Parcel No Approximate Baseline Station Offset/Direction Date UE4C 158+322 (RT. U.S. 206 BASELINE) 39.98’ / LT April 15, 2010

UE22C 158+839 (RT. U.S. 206 BASELINE) 51.82’ / LT April 15, 2010

UE22D 29+979 (WATERLOO ROAD CR 604 BASELINE) 36.38’ / LT April 15, 2010

UE23B 158+857 (RT. U.S. 206 BASELINE) 60.22’ / RT April 15, 2010

UE23C 158+899 (RT. U.S. 206 BASELINE) 41.98’ / RT April 15, 2010

UE24D 158+907 (RT. U.S. 206 BASELINE) 63.70’ / LT April 15, 2010

UE36B 158+266 (RT. U.S. 206 BASELINE) 39.98’ / RT April 15, 2010

UE37B 158+268.7 (RT. U.S. 206 BASELINE) 39.98’ / RT April 15, 2010

UE2D 159+065 (RT. U.S. 206 BASELINE) 70.36’ / LT April 15, 2010

UE5E 159+063 (RT. U.S. 206 BASELINE) 51.66’ / RT April 15, 2010

UE5F 10+228 (LAKE LACKAWANNA ROAD BASELINE) 20.66’ / RT April 15, 2010

UE15B 159+430 (RT. U.S. 206 BASELINE) 38.38’ / RT April 15, 2010

UE22B 159+917(RT. U.S. 206 BASELINE) 57.17’ / LT April 15, 2010

UE24D 160+067 (RT. U.S. 206 BASELINE) 37.65’ / RT April 15, 2010

UE24E 10+234 (LAKE LACKAWANNA ROAD BASELINE) 30.67’ / LT April 15, 2010

UE29A 160+157 (RT. U.S. 206 BASELINE) 39.98’ / RT April 15, 2010

E29B 160+229 (RT. U.S. 206 BASELINE) December 15, 2009

R20A 158+790 (RT. U.S. 206 BASELINE) 41.98’ / RT December 15, 2009

UE20B 158+790 (RT. U.S. 206 BASELINE) 51.82’ / RT April 15, 2010

DER20C 30+069 (BROOKWOOD ROAD BASELINE) 7.77’ / RT December 15, 2009

AR35 30+063 (BROOKWOOD ROAD BASELINE) 18.96’ / RT December 15, 2009

19A 159+650 (RT. U.S. 206 BASELINE) 33’ / RT December 15, 2009

AE19B 159+650 (RT. U.S. 206 BASELINE) 26’ / RT December 15, 2009

E21A 159+900 (RT. U.S. 206 BASELINE) 36’ / RT December 15, 2009

PER21B 10+100 (LAKE LACKAWANNA ROAD BASELINE) 125’ / LT December 15, 2009

108.19 COMPLETION AND ACCEPTANCE THE FOLLOWING IS ADDED:

No Incentive Payment for Early Completion is specified for this project.

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108.20 LIQUIDATED DAMAGES

Liquidated damages are as follows:

A. For each day that the Contractor fails to complete the work as specified in Subpart A of Subsection 108.10 of these Special Provisions, for Substantial Completion, the Department will assess liquidated damages in the amount of $8,300/day.

B. For each day that the Contractor fails to achieve Completion as specified in Subpart B of Subsection 108.10 of these Special Provisions, the Department will assess liquidated damages in the amount of $2,150/day.

THE FOLLOWING IS ADDED:

When the Contractor may be subjected to more than one rate of liquidated damages established in this Section, the Department will assess liquidated damages at the higher rate.

109.01 MEASUREMENT OF QUANTITIES THE SECOND PARAGRAPH IS CHANGED TO:

The Department will designate Items as Measured Items or as Proposal Items by having a suffix of M or P in the Item number respectively. The Department will measure quantities of Measured Items for payment.

109.02 SCOPE OF PAYMENT THE THIRD SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

The Department will not make additional or separate payment for work or portion of work unless specifically provided for in the “Measurement and Payment” Subsection.

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DIVISION 150 – CONTRACT REQUIREMENTS

SECTION 152 – INSURANCE

152.03.01 Owner’s and Contractor’s Protective Liability Insurance

A. Policy Requirements. THE FOURTH SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

Ensure that policies are underwritten by companies with a current A.M. Best rating of A- with a Financial Size Category of VII or better.

B. Types

1. Comprehensive General Liability Insurance. THE FOLLOWING IS ADDED:

Ensure the policy names JCP&L, its officers, employees and agents as additional insured.

2. Comprehensive Automobile Liability Insurance. THE FOLLOWING IS ADDED:

Ensure the policy names JCP&L, its officers, employees and agents as additional insured.

5. Excess Liability Insurance. THE FOLLOWING IS ADDED:

Ensure the policy names JCP&L, its officers, employees and agents as additional insured.

6. Marine Liability Insurance. THE FOLLOWING IS ADDED:

Ensure the policy names JCP&L, its officers, employees and agents as additional insured.

SECTION 153 – PROGRESS SCHEDULE

153.03.02 CPM Progress Schedule Updates THE LAST PARAGRAPH IS CHANGED TO:

If the project falls behind schedule for nonexcusable delays, so that the schedule indicates that the Work will not be completed by the Completion date, as specified in 108.10, take the necessary steps to improve progress. Under such circumstances, the RE may direct the Contractor to increase the number of shifts, begin overtime operations, work extra days including weekends and holidays, and supplement its construction plant. Furthermore, the RE may require the Contractor to submit for approval a recovery schedule showing how the Contractor proposes to meet the directed acceleration.

153.04 MEASUREMENT AND PAYMENT THE THIRD PARAGRAPH IS CHANGED TO:

If the Contractor’s CPM Progress Schedule update is not approved by the date of the progress meeting for the following update, the Department will assess liquidated damages to recover the Department’s increased administrative costs. The Department will assess damages for each delinquent update as follows:

SECTION 155 – CONSTRUCTION FIELD OFFICE

155.03.01 Field Office

4. Communication Equipment.

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a. Telephones. Provide _6_ cordless phones with auto-switching.

c. Cell Phones. Provide _8_ cellular phones. Ensure the cellular phone plan provides for unlimited mobile to mobile in-network usage, unlimited push-to-talk/ walkie-talkie usage and an anticipated monthly usage of 900 any-time minutes for each phone. Ensure the phones are on the same plan. Ensure the cellular phone plan has a home rate with no roaming charges within the state. Ensure each cellular phone has the following features:

1. Push to Talk / Walkie-Talkie capable 2. Camera with 1 megapixel picture capability 3. Battery life capable of 180 minutes of continuous use and 72 hours of standby use 4. Equipped with a hands-free headset 5. Base charger and car charger

d. Computer System. Provide a computer system meeting the following requirements:

_4_ computer configurations each meeting the following:

1. Equipped with an Intel Pentium _IV_ processor with Hyper Threading technology having a clock speed of _3.5_ GHz or faster, _2_ GB RAM, _512_ MB Video RAM, _200_ Gigabyte hard drive designated as drive C, one DVD (+/-) Writer Drive, one CD-R Recordable Drive. Ensure the system is USB 2.0 compatible and has at least two front USB ports.

2. Wired Router with appropriate number of ports and cables and a print server. Ensure there is at least one wired Ethernet switch.

3. High-speed broad band connection and service with a minimum speed of _3_ Megabytes per second (mbps) with dynamic IP address for the duration of the project.

4. 19 inch or larger Flat Screen LCD monitor with tilt/swivel capabilities. 5. _250_ Megabyte or larger Zip Drive internal or external with backup software for MS-

Windows and DOS, and fifteen corresponding formatted data cartridges corresponding to the tape drive size.

6. _1_Flatbed USB version 2.0 or greater Color Scanner with automatic document feed. 7. Uninterruptible power supply (UPS). 8. Surge protector for the entire computer configuration to be used in conjunction with the UPS. 9. _4_ computer workstations, chair, printer stand, and/or table having both appropriate surface

and chair height. 10. One can of compressed air and screen cleaning solution every other month of the duration of

the contract. Ensure one computer has a 56K baud data/fax modem. If more than one computer configuration is specified, provide one network interface card for the base computer configuration and hardwire connections between computer configurations as directed by the RE. Also provide: _10_ USB _1_ GB Flash/Jump memory drives _50_ CD-R _700_ MB (or larger) recordable CD’s compatible with the CD drive and _50_ recordable DVD’s. _2_ CD/DVD Holder (each holds 50)

_2_ color laser printers and supplies as follows:

1. HP PCL 5 emulation, with a minimum of 192 Megabytes of expanded memory, printer cable, and legal size paper tray.

2. One set of printer ink cartridges every other month for the duration of the construction project for each printer.

Software as follows:

1. Microsoft Windows, latest version with future upgrades for the duration of the entire project. Ensure 1 computer has a Microsoft Windows 32 Bit Operating System for ACES, Extra and Groupwise.

2. Microsoft Office Professional, latest version.

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3. Norton’s System Works for Windows, latest version, or compatible software package with future upgrades and latest virus patches.

4. Anti-Virus software, latest version with monthly updates for the duration of the contract. 5. Visio Professional Graphics Software for Windows, latest version 6. Primavera Project Planner, latest version 7. Adobe Acrobat Professional, latest version, for Scanner

THE THIRD PARAGRAPH IS CHANGED TO:

When the computer system is no longer required by the RE, the Department will remove and destroy the hard drive, and return the computer system to the Contractor. The Department will retain other data storage media.

6. Office Equipment.

2. _1_ digital camera(s). Ensure each digital camera has auto-focus, with rechargeable batteries and charger, _256_MB memory card, USB Memory Card Reader compatible with camera and field office computer, 1.5 inch LCD monitor, _5_ mega pixel resolution, _10_X optical zoom lens, built in flash, image stabilization, computer connections, and a carrying case

3. _1_ video camcorder(s). Ensure each video camcorder is a mini DVD camcorder with _10_ optical zoom, 2" LCD monitor, USB 2.0 compatible and includes USB 2.0 connections.

7. Inspection Equipment.

1. _2_ Calculators with trigonometric capability 2. _1_ Date/ Received stamp and ink pad 3. _1_ Electronic Smart level, 4 foot 4. _6_ Carpenter rulers 5. _2_ Steel tape, 100 feet 5. _2_ Cloth tape, 100 feet 7. _1_ Illuminated measuring wheel 8. _2_ Plumb bob and cord 9. _6_ Line level and cord 10. _4_ Surface thermometer 11. _2_ Concrete thermometer 12. _4_ Digital infrared asphalt thermometer 13. _1_ Direct Tension Indicator (DTI) Feeler Gage, 0.005 inch 14. _1_ Sledge hammer, 8lb 15. _1_ Self leveling laser level with range of 100 feet and an accuracy of ¼ inch per 100 feet 16. _8_ Hard hats - orange, reflectorized hard hats according to ANSI Z89.1. 17. _8_ Safety garments – orange, reflectorized, 360º high visibility safety garments according to

ANSI/ISEA Class 3, Level 2 standards. To be replaced yearly for the duration of the contract. 18. _8_ Sets of rain gear with reflective sheeting 19. _8_ Sets of hearing protection with a Noise Reduction Rating of 22 dB 20. _8_ Sets of eye protection according to ANSI Z87.1 21. _2_ Sets of fall arrest equipment according to ANSI Z359.1 standards consisting of a full body

harness, lanyard and anchor. 22. _2_ Light meter - capable of measuring the level of luminance in foot-candles 23. _6_ Lantern flashlight, 6V with monthly battery replacements 24. _0_ Digital Psychrometer 25. _1_ Chain Drag according to ASTM D4580-86 26. _1_ Testing equipment and apparatus conforming to AASHTO T23, T119, T152 27. _3_ Hard Bound Daily Diaries, 5-½” X 8” minimum with one day per page. To be provided yearly

for the duration of the contract. 28. _250_ Legal size hanging folders 29. _250_ Legal size manila file folders – three tab

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155.03.03 Telephone Service THIS SUBSECTION IS CHANGED TO:

Telephone service consists of monthly charges for telephone and cellular phones provided for the field office and materials field laboratory excluding set up charges.

155.04 MEASUREMENT AND PAYMENT THE THIRD PARAGRAPH IS CHANGED TO:

The Department will make payment for TELEPHONE SERVICE for the actual costs of the charges as evidenced by paid bills submitted within 60 days of receipt from the service provider for telephone and cell phones.

SECTION 156 – MATERIALS FIELD LABORATORY AND CURING FACILITY

156.03 PROCEDURE

156.03.01 Materials Field Laboratory

4. Communication Equipment.

c. Cell Phones. Provide __4__ cellular phones. Ensure the cellular phone plan provides for unlimited mobile to mobile in-network usage, unlimited push-to-talk/ walkie-talkie usage and an anticipated monthly usage of 900 any-time minutes for each phone. Ensure the phones are on the same plan. Ensure the cellular phone plan has a home rate with no roaming charges within the state. Ensure each cellular phone has the following features:

1. Push to Talk / Walkie-Talkie capable 2. Camera with 1 megapixel picture capability 3. Battery life capable of 180 minutes of continuous use and 72 hours of standby use 4. Equipped with a hands-free headset 5. Base charger and car charger

d. Computer System. Provide a computer system meeting the following requirements:

_1_ computer configurations each meeting the following:

1. Equipped with an Intel Pentium _IV_ processor with Hyper Threading technology having a clock speed of _3.5_ GHz or faster, _2_ GB RAM, _512_ MB Video RAM, _200_ Gigabyte hard drive designated as drive C, one DVD (+/-) Writer Drive, one CD-R Recordable Drive. Ensure the system is USB 2.0 compatible and has at least two front USB ports.

2. Wired Router with appropriate number of ports and cables and a print server. Ensure there is at least one wired Ethernet switch.

3. High-speed broad band connection and service with a minimum speed of _3_ Megabytes per second (mbps) with dynamic IP address for the duration of the project.

4. 19 inch or larger Flat Screen LCD monitor with tilt/swivel capabilities. 5. _250_ Megabyte or larger Zip Drive internal or external with backup software for MS-

Windows and DOS, and fifteen corresponding formatted data cartridges corresponding to the tape drive size.

6. _1_Flatbed USB version 2.0 Color Scanner with automatic document feed. 7. Uninterruptible power supply (UPS). 8. Surge protector for the entire computer configuration to be used in conjunction with the UPS. 9. _1_ computer workstations, chair, printer stand, and/or table having both appropriate surface

and chair height. 10. One can of compressed air and screen cleaning solution every other month of the duration of

the contract. Ensure one computer has a 56K baud data/fax modem. If more than one computer configuration is specified, provide one wireless network card for the base computer configuration and hardwire connections between computer configurations as directed by the RE.

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Also provide: _3_ USB _1_ GB Flash/Jump memory drives _12_ CD-R _700_ MB (or larger) recordable CD’s compatible with the CD drive and _12_ recordable DVD’s. _1_ CD/DVD Holder (each holds 50)

_1_ color laser printers and supplies as follows:

1. HP PCL 5 emulation, with a minimum of 192 Megabytes of expanded memory, printer cable, and legal size paper tray.

2. One set of printer ink cartridges every other month for the duration of the construction project for each printer.

THE THIRD PARAGRAPH IS CHANGED TO:

When the computer system is no longer required by the ME, the Department will remove and destroy the hard drive, and return the computer system to the Contractor. The Department will retain other data storage media.

SECTION 158 – SOIL EROSION AND SEDIMENT CONTROL AND WATER QUALITY CONTROL

158.01 DESCRIPTION THE FOLLOWING IS ADDED:

This Section also describes the requirements for furnishing, placing, and sealing geomembrane pond liners.

158.02 MATERIALS THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Geomembrane Liner ................................................................................................................................... 919.05

158.03.02 SESC Measures

19. Oil-Only Emergency Spill Kit. THE SECOND SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

Include Oil-only Emergency Spill Kit, Type 1 consisting of the following: THE FOLLOWING IS ADDED:

20. Geomembrane Pond Liners. Install pond liner as follows:

a. Preparation of Liner Subgrade.

(1) Prepare and compact any earthen surface upon which the liner is installed as specified in Section 301. Ensure the surface is smooth, firm, and unyielding, and free of: vegetation; construction debris; sticks; sharp rocks; void spaces; ice; abrupt elevation changes; standing water; cracks larger than 1/4-inch in width; any other foreign matter that could contact the liner.

(2) Immediately prior to liner deployment, final-grade the subgrade to fill in all voids or cracks and then smooth-roll to provide the best practicable surface for the liner. At completion of this activity, ensure no wheel ruts, footprints or other irregularities exist in the subgrade. Furthermore, remove, crush or push into the surface all protrusions extending more than 1/2-inch from the surface with a smooth-drum compactor.

(3) At the top of sloped areas of the site, excavate an anchor trench for the liner. Do not allow loose soil at the bottom of the trench or sharp corners or protrusions to exist anywhere within the trench.

(4) Ensure groundwater is taken into account and, if present, control during construction.

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(5) Ensure side slopes are no steeper than 3:1. Hand-rake slopes to achieve proper smoothness.

b. Liner Placement.

(1) Ensure the area to be lined is smooth and free of sharp objects that could puncture the membrane. Remove all vegetation, roots and grass. Fill any cracks or voids.

(2) Do not unfold the panels under extreme cold or windy conditions.

(3) Use a lift system that suspends a roll off the ground. Raise the roll with a loader, forklift, crane or other lifting equipment, and then spool off and deploy. Another option is to use an unwind stand from a modified flatbed trailer.

(4) When deploying the panels, ensure sharp objects, hard bottom shoes, vehicles and equipment do not come into contact with the material. Do not allow equipment which could damage the liner to travel directly on it. If the installation equipment causes rutting of the subgrade, restore the subgrade to its originally accepted condition before placement continues.

(5) Minimize the extent to which the liner is dragged across the subgrade to avoid damage to the bottom surface of the liner. Use a temporary geosynthetic subgrade covering, commonly known as a slip sheet or rub sheet, to reduce friction damage during placement.

(6) Place the liner panels parallel to the direction of the slope.

(7) Avoid wrinkles in the seam areas and around mechanical attachments.

(8) Use sandbags (or similar ballast) to keep the panels in place during installation - a minimum of 25 bags per panel.

c. Anchorage of Liner.

(1) To secure the edges of the lining in an earthen pit, dig an anchor trench approximately 2 feet wide by 2 feet deep (2 × 2 ft) and 1 foot back from the crest of the berm, unless otherwise specified by the manufacturer.

(2) Rake out, flat, all dirt removed on the far side of the trench, away from the pit, and use as backfill after the liner edges are laid out in the anchor trench, while allowing the panels to be unrolled along the berm.

(3) Ensure the front edge of the trench is rounded so as to eliminate any sharp corners.

d. Field Seaming of Liner.

(1) To minimize the amount of field seaming, use the largest size panels practicable.

(2) Place the liner in a relaxed condition, free of stress or tension. Position the panels so that there is a nominal 4-inch seam overlap.

(3) Wipe clean the contact surfaces of the two sheets to remove all dirt, dust, moisture or other foreign materials.

(4) Prepare field seams by thermal fusion or bodied solvent bonding:

(a) Thermal fusion bonding. Set up the welding machine to the predetermined temperature and speed. Prepare a trial seam and test to verify these settings. Adjust the machine settings accordingly. Throughout the seaming operation, it may be necessary to perform occasional adjustments of temperature or speed as the result of changing ambient conditions in order to maintain a consistent seam. A 1 1/2-inch nominal seam width is required for single-track welds. Dual track welds shall have two 1/2-inch nominal seams separated by an air test channel.

(b) Bodied solvent bonding. Use a smooth wooden plank as an underlying work surface. Ensure the material surface temperature is at least 50°F for optimum bonding; otherwise, it will be necessary to preheat both surfaces with a heat gun until they are warm to the touch. Apply sufficient solvent simultaneously to both contact surfaces with a 2-inch brush.

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Ensure the proper amount of solvent is applied. Using a steel roller, apply pressure by rolling at least 2 inches back from the outside flap. Roll toward and perpendicular to the outside exposed edge. Wipe up any excess solvent flowing from the seamed area. A nominal 2-inch bonded area is required.

e. Liner Detail Work.

(1) Ensure structures, piping, concrete, drains, and any associated work is complete prior to lining installation.

(2) Attach liner to concrete structures using batten attachments. Ensure battens are stainless steel strips and attach to the concrete by inserting stainless steel wedge-type anchor bolts into the concrete. Place the liner over the anchor bolt, place a strip of neoprene gasket between the liner and batten strip, and secure the batten strip with washers and nuts.

(3) Use a pipe boot at all pipe locations. Cut an undersized hole in the center of the sleeve, stretch over the pipe, creating a flange of material. Wrap the pipe 12 inches and tie into the flange of material. Provide stainless steel clamp to secure sleeve to the pipe. Although field-fabricated boots may be utilized, prefabricated boots are highly recommended wherever feasible for increased quality and reduced installation time.

(4) In areas where liner will be placed below seasonal groundwater levels, provide flap type vents. Install vents in accordance with manufacturer recommendations. Ensure vent material and method of welding is the same as that for the liner.

f. Liner Damage Repair.

(1) Patch any cuts, rips or tears in the membrane with a piece of the same membrane material. Cut patches with rounded corners and overlap the damaged area a minimum of 3 inches.

(2) Apply patches with membrane solvent or a hand held heat gun. Ensure the patch and damaged membrane area is clean and dry. If solvent is used, follow the same procedure as above. If a heat gun is used, ensure it is inserted between the patch and the membrane liner, heating the surfaces of each to a molten state. Apply steel roller pressure over a hard surface during the heating process in such a way as to smooth out any wrinkles while mating both surfaces.

g. Placement of Cover over Liner.

(1) Ensure cover soils are free of angular stones or other foreign matter that could damage the liner.

(2) Place soil cover over the liner using construction equipment that minimizes stresses on the liner. Maintain a minimum thickness of 1 foot of cover between the equipment tires/tracks and the liner at all times during the covering process. This thickness recommendation does not apply to frequently trafficked areas or roadways, for which a minimum thickness of 2 feet is required.

(3) Push/Pull cover soil up slopes, not down slopes, to minimize tensile forces on the liner.

158.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit GEOMEMBRANE SQUARE YARD

SECTION 159 – TRAFFIC CONTROL

159.02 MATERIALS

159.02.01 Materials THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

DGA ........................................................................................................................................................... 901.10

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159.02.02 Equipment THE FOLLOWING IS ADDED:

For Temporary Sidewalk, provide equipment as specified in 302.02.02.

159.03 PROCEDURE

159.03.02 Traffic Control Devices THE FOLLOWING IS ADDED:

8. Temporary Sidewalk. Construct temporary sidewalk as specified in 108.07.01 and 302.03.01.

159.03.08 Traffic Direction

A. Flagger. THE LAST SENTENCE IS CHANGED TO:

Ensure that the flagger is equipped with a STOP/SLOW paddle and follows MUTCD flagging procedures.

159.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit TEMPORARY SIDEWALK SQUARE YARD

SECTION 160 – PRICE ADJUSTMENTS

160.03.01 Fuel Price Adjustment THROUGHOUT THIS SUBSECTION, TABLE 161.03.01-1 IS CHANGED TO TABLE 160.03.01-1 THE THIRD PARAGRAPH IS CHANGED TO:

If the as-built quantity of an Item listed in Table 160.03.01-1 differs from the sum of the quantities in the monthly Estimates, and the as-built quantity cannot be readily distributed among the months that the Item listed in Table 160.03.01-1 was constructed, then the Department will determine fuel price adjustment by distributing the difference in the same proportion as the Item’s monthly Estimate quantity is to the total of the Item’s monthly estimates. THE 25 TH LINE IN THE TABLE 160.03.01-1 IS CHANGED TO:

HOT MIX ASPHALT ___ ___ ___ BASE COURSE 2.50 Gallons per Ton

160.03.02 Asphalt Price Adjustment NOTE 1 OF THE THIRD PARAGRAPH IS CHANGED TO: 1. The Department will determine the weight of asphalt binder for price adjustment by multiplying the percentage of new asphalt

binder in the approved job mix formula by the weight of the item containing asphalt binder. If a Hot Mix Asphalt item has a payment unit other than ton, the Department will apply an appropriate conversion factor to determine the number of tons used.

THE FOURTH PARAGRAPH IS CHANGED TO:

A = B × [(MA − BA)/BA] × C × M × G Where: A = Asphalt Price Adjustment B = Bid Price for Tack Coat/Prime Coat MA = Monthly Asphalt Price Index BA = Basic Asphalt Price Index C = Petroleum Content of the Tack Coat and Prime Coat in Percent by Volume: Use 100% for cutbacks and Tack Coat 64-22 60% for Polymer Modified Tack Coat

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60% for RS or similar type emulsions M = Percentage of Bid Price Applicable to Materials Only: Use 82% G = Gallons of Tack Coat and Prime Coat Furnished and Applied

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DIVISION 200 – EARTHWORK

SECTION 201 – CLEARING SITE

201.03.01 Clearing Site THE FOLLOWING IS ADDED:

H. Relocation of Foundation Stones, Stone Steps and Planter at the Lockwood Methodist-Episcopal Church site (Block 365, Lot 3). Remove and reset as shown on the plans.

I. Relocation of the Lockwood Cemetery Sign and Planter at the Lockwood Methodist-Episcopal Church site (Block 365, Lot 3). Remove and reset as shown on the plans.

J. Removal of Billboard (No. 3802), at Sta 159+013.3, LT (Block 35, Lot 38.01). Remove billboard section, frame and associated posts located within proposed utility easement. Adjacent Billboard (No. 3801), frame and posts to remain.

THE FOLLOWING IS ADDED:

Remove trees and branches within 15 feet of the end of JCP&L pole cross arms. If the resulting tree is rendered hazardous, then remove the entire tree according to SECTION 802.

201.03.02 Clearing Site, Bridge and Clearing Site, Structure THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH.

Only the following equipment is permitted for the work:

1. Pneumatic or Electric Equivalent Hand Operated Hammers.

a. When demolishing concrete not closer than 6 inches to structural members: hammers weighing no more than 90 lbs (exclusive of bit), equipped only with chisel point bits.

b. When demolishing concrete within 6 inches of structural members: hammers weighing no more than 30 lbs (exclusive of bit).

2. Saw Cutters.

a. When cutting concrete within 6 inches of structural members: concrete cutters and concrete saws. While using water in the cutting operation, provide shielding beneath the cutting operation to prevent water leakage. Continuously collect slurry and dispose of as specified in 201.03.09. Ensure that the slurry does not enter the structure or highway drainage system.

3. Hydraulic Breakers. Ram-hoe type breakers, hydraulic breakers, and demolition shears may be used with the following restrictions:

a. Submit required data to the RE for Department’s analysis of stresses induced to the girders.

b. Delineate the centerline and limits of the top flange of girders before the equipment operation.

c. Do not use equipment within 6 inches of the delineated flanges.

d. Do not pull or twist the reinforcement steel.

4. Hydraulic Splitters. Hydraulic splitters.

5. Other Equipment. Obtain RE approval before use.

201.04 MEASUREMENT AND PAYMENT THE FOLLOWING IS ADDED:

The Department will not make payment for the Item CLEARING SITE in excess of $300,000 until Completion.

The Department will not make payment for the Item CLEARING SITE, BRIDGE (1911-151) in excess of $180,000 until Substantial Completion.

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The Department will make payment of THIRTY-FIVE PERCENT OF THE PRICE BID (OR $63,000, WHICHEVER IS LESS) UPON ACCEPTANCE OF STAGE I DEMOLITION.

SECTION 202 – EXCAVATION

202.02 MATERIALS THE FIRST IN THE LIST IS CHANGED TO:

Coarse Aggregate (No. 57, or 67) ............................................................................................................... 901.03

203.02.01 Materials THIS SUBSECTION IS CHANGED TO:

Provide materials as specified: Soil Aggregate (I-7, I-9, I-10, I-11, I-13, and I-14) .................................................................................... 901.11

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DIVISION 400 – PAVEMENTS

SECTION 401 – HOT MIX ASPHALT (HMA) COURSES

401.02.02 Equipment THE LAST PARAGRAPH IS CHANGED TO:

When an MTV is used, install a paver hopper insert with a minimum capacity of 14 tons in the hopper of the HMA paver.

401.03.01 Preparing Existing Pavement

A. Milling of HMA.

Milled areas shall not be left unpaved for longer than 72 hours, unless approved by the RE.

401.03.03 HMA Courses

D. Transportation and Delivery of HMA. THE FIRST PARAGRAPH IS CHANGED TO:

Deliver HMA using HMA trucks in sufficient quantities and at such intervals to allow continuous placement of the material. Do not allow trucks to leave the plant within 1 hour of sunset unless nighttime lighting is provided as specified in 108.06. The RE will reject HMA if the HMA trucks do not meet the requirements specified in 1009.02. The RE will suspend construction operations if the Contractor fails to maintain a continuous paving operation. Before the truck leaves the plant, obtain a weigh ticket from a fully automatic scale. Before unloading, submit for each truckload a legible weigh ticket that includes the following:

1. Name and location of the HMA plant. 2. Project title. 3. Load time and date. 4. Truck number. 5. Mix designation. 6. Plant lot number. 7. Tare, gross, and net weight.

E. Spreading and Grading. THE THIRD PARAGRAPH IS CHANGED TO:

Use an MTV for the construction of surface course in the traveled way. Ensure that the MTV independently delivers HMA from the HMA trucks to the HMA paver. Operate the MTV to ensure that the axle loading does not damage structures, roadway, or other infrastructure.

J. Ride Quality Requirements. THE FIRST PARAGRAPH IS CHANGED TO:

The Department will evaluate the paved final riding surface using the International Roughness Index (IRI) according to ASTM E 1926, Standard Practice for Computing International Roughness Index from Longitudinal Profile Measurements. The Department will use the measured IRI to compute the appropriate pay adjustment (PA). The PA may be positive for superior quality work or negative for defective work. PA will be applied to the entire tested surface without exclusion except as noted in 4. a. Pay Adjustment.

THE SECOND PARAGRAPH IS CHANGED TO:

The Department will calculate the PA as specified in Table 401.03.03-7 and will base PA on lots of 0.01 mile length for each lane, ramp and shoulder tested. Ramps and shoulders may be tested at the discretion of the Department.

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SUBPART 1 OF SECOND PARAGRAPH IS CHANGED TO:

1. Smoothness Measurement. The Department will test the longitudinal profile of the HMA surface course for ride quality with a Class 1 Inertial Profiling System according to AASHTO MP 11, Standard Equipment Specification for Inertial Profiler approved according to AASHTO PP 49 Standard Practice for Certification of Inertial Profiling Systems.

The Department will test the full extent of the pavement in the direction of travel in each wheel path. The single IRI value reported for each 0.01-mile lot of pavement is the average of 3 runs.

SUBPART 3 OF SECOND PARAGRAPH IS CHANGED TO:

3. Preparation for IRI Testing.

Provide the necessary traffic control when the Department performs IRI testing. Perform required mechanical sweeping of the surface course before IRI testing. To facilitate auto triggering on laser profilers, place a single line of preformed traffic marking tape perpendicular to the roadway baseline 300 feet prior to the beginning of each lane, to be tested. Submit the actual stationing for each traffic marking tape location to the resident engineer.

SUBPART 4 OF SECOND PARAGRAPH IS CHANGED TO:

4. Acceptance.

a. Pay Adjustment. The pay equations in Table 401.03.03-7 express the pay adjustment in dollars per lot of 0.01 mile. For lots of any other length, the Department will scale the pay adjustment up or down in proportion to the actual length of the lot. IRI numbers are in inches per mile.

Table 401.03.03-7 Pay Equations for Ride Quality for 0.01 Mile

U.S. Route 206 Mile Post 98.3 to Mile Post 99.7

More than one lift IRI < 60 PA = $50 60 ≤ IRI < 80 PA = $200 − ($2.50 × IRI) IRI = 80 PA = $0 80 < IRI ≤ 150 PA = (IRI − 80) × (−$7.1429) IRI > 150 Remove & Replace

One lift IRI < 70 PA = $50 70 ≤ IRI < 90 PA = $225.00 − ($2.50 × IRI) IRI = 90 PA = $0 90 < IRI ≤ 160 PA = (IRI -90) × (- $7.1429) IRI > 160 Remove & Replace

Ramps and Shoulders IRI = 120 PA = $0 120 < IRI ≤ 170 PA = (IRI − 120) × (−$10.00) IRI > 170 Remove & Replace

b. Retest provision. After testing, if the IRI exceeds the Remove and Replace value (RRV) in Table 401.03.03-7, the Department will retest the lot. The Department will average the IRI values from the initial test and the retest to determine the final result.

If there is definitive evidence that the initial test is invalid, the Department will disregard the initial test and will consider the retest as the initial test. If there is no evidence that the original test was invalid, the Department will average the IRI values from the initial test and the retest to determine the final result.

c. Removal and Replacement. If the average IRI is greater than the RRV after a retest is performed, remove and replace the lot. Any replacement work is subject to the same requirements as the initial work.

On projects where only a small percentage (<8 percent) of paving lots falls under the RRV, the Department may allow the Contractor to submit a plan for corrective action. If the Contractor’s plan for

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corrective action is not approved, the Department may require removal and replacement, or may allow the lot to remain in place and the lot will be subject to the pay adjustment as computed in Table 401.03.03-7. If the Contractor’s plan for corrective action is approved and the lot is reworked, the Department will test and evaluate it as a new lot that must meet the same requirements as the initial work. Corrective action locations are not eligible for bonus payments.

401.04 MEASUREMENT AND PAYMENT THE FOLLOWING IS ADDED:

The Department will make a payment adjustment for HMA air void quality by the following formula:

Pay Adjustment = Q x BP x PPA Where: BP = Bid Price Q= Air Void Lot Quantity PPA= air void PPA as specified in 401.03.03H.

The Department will make a payment adjustment for HMA thickness quality by the following formula:

Pay Adjustment = Q x BP x PPA Where: BP = Bid Price Q= Thickness Lot Quantity PPA= thickness PPA as specified in 401.03.03I

The Department will make a payment adjustment for HMA ride quality, as specified in 401.03.03J.

THE FOLLOWING SECTION IS ADDED:

SECTION 406 – TEXTURED SURFACE TREATMENT PAVEMENT

406.01 DESCRIPTION

This Section describes the requirements for applying textured surface treatments to pavement.

406.02 MATERIALS Hot Applied Resin:

Use BrickPrint by Traffic Calming USA or approved equal. The material shall be a full-thickness colored, hot-applied resin-based compound developed specifically for use on hot mix asphalt or concrete. The material shall consist of a mixture of aggregate, sand, fibers, fillers and a resin binder that produces a product with superior adhesion, flexibility and abrasion resistance characteristics as well as color stability, chemical resistance and scrub ability. The material shall meet the following requirements:

Test Method Requirement Wheel Tracking 140 °F (mm/h) Less than 1 mm/h Indentation 194 °F (dmm) Less than 25 Compression (Newtons):

1) 77 °F 3000 (Min.) 2) 115 °F 2000 (Min.) 3) 140 °F 1000 (Min.)

Density 115 °F (Kg/l) 2.12 Ash Content 90% (Max.)

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Skid Resistance Value Greater than 60 Specific Gravity 17.5 to 19 lbs/U.S. Gallon

The color shall be Terra Cotta in a 45 degrees Herringbone pattern, or approved equal, for the crosswalks. The color shall be Brick Red in a Cobblestone pattern, or approved equal, for the center turn lanes.

BrickPrint is available from the manufacturer at the following address:

Traffic Calming USA 266 South Main Street, Suite 800 Dallas, GA 30132 (770) 505-4044

406.03 CONSTRUCTION

The existing pavement condition shall be assessed by an authorized representative of the manufacturer prior to installation to determine if any remedial action required.

Ensure the installer is certified by the manufacturer with at least 2 years experience in the installation of synthetic pavements of this type.

Do not install the hot mixed resin when precipitation is expected or temperatures are below 35 °F.

Install according to the manufacturer’s recommendations. Install the hot mixed resin material 3/4 inches thick. Ensure interfaces with adjacent surfaces are flush, providing smooth transition from surface to surface. Place flush in the pavement by milling out the existing pavement to a depth of 3/4 inches. Level material with irons and print with mold. Open the hot resin to traffic when cooled and hardened.

Dispose of any excess material in accordance with Subsection 202.03.07.

406.04 MEASUREMENT AND PAYMENT

Item Pay Unit TEXTURED SURFACE TREATMENT PAVEMENT SQUARE YARD

The Department will include milling necessary for the installation of the textured pavement in the payment for TEXTURED SURFACE TREATMENT PAVEMENT.

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DIVISION 500 – BRIDGES AND STRUCTURES

SECTION 504 – STRUCTURAL CONCRETE

504.01 DESCRIPTION THE FOLLOWING IS ADDED:

This Section also describes the requirements for the construction and installation of stone veneer on concrete walls, decorative concrete walls, metal cut letters, and cast stone caps.

This Section also describes the requirements for the construction of textured and colored formed concrete surfaces using simulated stone masonry molds and a color stain system designed to duplicate closely the appearance of natural stone.

504.02 MATERIALS

504.02.01 Materials THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Stone Veneer: Use 4-inch thick stone, generally varying in size between a maximum of 15 × 6 inches to a minimum of 6 × 3 inches, with the larger dimensions being placed horizontal. Use stone of similar color and material as described in the geotechnical report for local stone: light green/pink/white, slightly weathered, jointed granitic gneiss. Stone coloring shall be light to achieve maximum contrast with the cast metal letters. Distribute the colors randomly throughout the entire wall surface.

Mortar for Stone Veneer: Use mortar as specified in 903.08.01. The mortar color shall be light gray and similar to veneer stone color palette.

Textured and Colored Formed Concrete Surface (Formliner): Masonry Mold:

Use plastic formliner by Spec Formliners, Inc., Pattern Number: 1505, Madera Flagstone (http://www.specformliners.com/Hack/PDF/SheetsPDF/1505.pdf) or approved equal. Use simulated cap stone form liner provided by manufacturer to match the specified pattern number and as indicated on the Plans.

Formliner is available from the manufacturer at the following address: Spec Formliners, Inc. 530 East Dyer Road Santa Ana, CA 92707 (714) 429-9550

Form Release: Provide releasing agent compatible with the masonry molds and with the color stain system to be applied to the surface.

Form Ties: Provide ties per manufacturer’s recommendations.

Mortar Joints: Color joints to simulate real mortar.

Color Stain:

Provide stain mix to achieve the color variations present in the natural stone being simulated for this project. Stain shall create a surface finish that is breathable (allowing water vapor transmission), and that resists deterioration from water, acid, alkali, fungi, sunlight or weathering.

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Metal Cut Letters:

Use 6-inch and 12-inch height, 1/2-inch thick, individual, Metal Cut Letters, by Gemini Sign Corporation or approved equal. Letters shall be aluminum in Helvetica Bold Font and have bevel, router cut and polished black anodized finish. Letters shall be stud (tapped) mounted to wall face.

Metal Cut Letters are available from the manufacturer at the following address:

Gemini Sign Corporation 128 South Bolton Street Marlborough, MA 01752 (508) 485-3343 Cast Stone Cap:

A. Provide cast stone cap according to the following physical properties: Property Test Method Specified Value Compressive strength ASTM C 1194 6500 psi min. (44.8 MPa) for products at 28 days Absorption ASTM C 1195 or ASTM C 642 6 % max. for products at 28 days

B. Construct the cast stone cap using the following raw materials:

1. Portland cement – Type I or III, white and/or gray, ASTM C 150. 2. Coarse aggregates – Granite, quartz, or limestone, ASTM C 33, except for gradation, and

is optional for dry-tamp concrete. 3. Fine aggregates – Manufactured or natural sands, ASTM C 33, except for gradation. 4. Colors – Inorganic iron oxide pigments, ASTM C 979. 5. Admixtures – ASTM C 494, except for dry cast concrete. 6. Water – potable.

C. Color and Finish:

Match stone cap color to the veneer stone of the wall. The cap shall have a rockface finish. Exposed surfaces, unless otherwise specified, shall exhibit a fine-grained texture similar to natural stone. No bugholes or air voids will be permitted that will be visible from 20 feet (6.1 m). ASTM color variation allowed – 2 percent hue; 6 percent lightness, chroma and hue combined.

D. Curing and Finishing:

Cure units in a warm, moist curing chamber at 95 percent relative humidity for 24 hours, or yard cure for 350 degree-days [i.e. 7 days @ 50 °F (10 °C) or 5 days @ 70 °F (21 °C)] prior to shipment. Acid-etch exposed surfaces to remove cement film prior to packaging for shipment.

E. Reinforcing:

1. Use billet steel reinforcing bars – ASTM A 615. 2. Reinforce units when necessary for safe handling and structural stress. 3. Galvanize or epoxy coat reinforcement when covered with less than 1 1/2-inches (38 mm)

of material.

F. Anchors:

Use non-corrosive, brass or stainless steel type 304.

G. Mortar:

Use Type N, according to ASTM C 270. The mortar color shall be light gray and similar to veneer stone color palette.

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504.03 CONSTRUCTION THE FOLLOWING IS ADDED:

504.03.04 Stone Veneer

Prior to ordering the veneer, submit to the Department’s Bureau of Landscape and Urban Design, for approval, full-size samples of the veneer, which will be representative of the general color, shape, texture and pattern to be furnished. Upon approval of the samples, construct a mock-up panel, a minimum of 4 × 4 feet, showing all stone veneer shapes, sizes, colors, texture/cleft, patterns, mortar joints, and construction joints so that the panel will be representative of the finished wall. Include on the panel cast metal letters. The RE and the Department’s Bureau of Landscape and Urban Design will review the mock-up for workmanship, color range, contrast and visibility, pattern, and joint quality. Revise the mock-up as required until approved by the RE and the Department’s Bureau of Landscape and Urban Design. After approval, retain the mock-up on site for reference purposes as the standard of quality for the veneer work.

Use mortar joints 1/2-inch wide and raked to a depth of 1/2-inch.

Submit anchoring methods and anchors to the RE for approval.

504.03.05 Formliner

Submit a mock-up panel, a minimum of 50 square feet, illustrating the pattern and texture of the formliner wall. Include an area to demonstrate mold butt joint and continuation of pattern through expansion joint (if applicable). After concrete work on mock-up is completed and cured for a minimum of 28 days, apply color stain system. Construction of the formliner wall may proceed upon approval of the mock-up.

Install formliner and apply color stain system according to the manufacturer’s recommendations.

504.03.06 Cast Stone Cap

A. Working Drawings. Submit working drawings to the Department for approval. Include the following: 1. Anchoring methods; 2. Anchors.

B. Installation. Install the cast stone according to the Cast Stone Technical Manual.

504.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEMS ARE ADDED:

Item Pay Unit STONE VENEER SQUARE YARD FORMLINER SQUARE FOOT DECORATIVE WALL LINEAR FOOT SMALL METAL CUT LETTERS UNIT LARGE METAL CUT LETTERS UNIT CAST STONE CAP LINEAR FOOT

THE FOLLOWING IS ADDED:

The Department will include the color stain system in the payment for FORMLINER.

The Department will not make separate payment for REINFORCEMENT STEEL for DECORATIVE WALL.

The Department will not make separate payment for REINFORCEMENT STEEL for CAST STONE CAP.

SECTION 505 – PRECAST AND PRESTRESSED STRUCTURAL CONCRETE

505.01 DESCRIPTION THE FOLLOWING IS ADDED:

This Section also describes the requirements for the manufacturing, furnishing, and erecting precast structures.

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505.03 CONSTRUCTION THE FOLLOWING IS ADDED:

505.03.04 Precast Concrete Structures

Ensure the fabricator of precast concrete units is certified by the Precast / Prestressed Concrete Institute or the National Precast Concrete Association in category B1 and is pre-approved before award of the Contract by the Department. Maintain certification during production of items for the Project. Submit a copy of the current field audit report to the RE before the start of production.

Do not permit equipment operating in excess of the design load over the rigid frame unit.

A. Working Drawings. Submit working drawings for approval that include the following:

1. Concrete compressive strength value. 2. All reinforcement in precast or CIP units shall be epoxy coated. 3. Plan, elevation, and sections as well as details for all appurtenances, such as headwalls, cutoff

walls, wingwalls, and aprons. 4. Details of the neoprene gasket between the precast concrete units as well as all threaded inserts,

bar extensions, waterproofing, backfilling and loading requirements, and end anchorage details for the post-tensioning reinforcement.

5. Profiles and dimensions of all precast concrete structures, lifting loads of all components, and reinforcement steel layout.

6. Erection details of the joint seal between the precast concrete structures, method for pulling rigid frames together, joint seal details, section lengths, and the method of installing the units.

B. Shipping and Storing. Notify the RE at least 5 days before shipping the precast concrete units. Ship precast units according to the manufacturer’s recommendations. Store the precast concrete units according to the manufacturer’s requirements. To prevent cracking of the structures, support the precast concrete units with timber members.

C. Erection Plan. Submit a plan of operations as specified in 505.03.01.C.

D. Erecting. Notify the RE to schedule a pre-erection meeting at least 20 days before the start of erection. Construct footings using Class B concrete. Ensure that the surface of the footing does not vary more than 1/4 inch in 10 feet. Provide a float finish to the footing. Ensure that the concrete reaches a compressive strength of 3000 pounds per square inch, as determined from test cylinders cast during placing of the concrete, before installing the precast concrete structure.

Install precast concrete units on footings according to the manufacturer’s erection instructions. Construct the footings to the elevations detailed on the plans. To assure against differential settlement of the rigid frame units, connect the foundations for the rigid frame units and other appurtenances by reinforcement or suitable mechanical connections to form one monolithic body.

Tie the precast units together with a minimum of 4 longitudinal rods or strands to ensure an adequate seal and to provide continuity and concrete shear transfer between the precast units. Provide a flexible, watertight, neoprene gasket according to ASTM D 1056 at the joint between the precast units. Ensure that the gasket is continuous around the circumference of the joint and has only 1 splice.

Permit lifting devices in each precast unit for the purpose of handling and erection. If lifting hooks or lugs are used, galvanize them according to AASHTO M 111.

E. Joints. Seal and cover the butt joint made by 2 adjoining precast concrete units, the joint between the end unit and the headwall, and the joint between the end unit and wingwall according to the manufacturer’s recommendations. Ensure that the joint surface is clean before the sealing operations. Cover the joint continuously from the bottom of a precast concrete unit section leg across the top of the frame and to the opposite leg. Ensure that all laps that result in the joint wrap are a minimum of 6 inches long with the overlap running downhill.

F. Backfilling. Do not place any backfill material against any precast rigid frame unit until its erection has been approved by the RE. After the RE has approved the precast structure, place I-9 soil aggregate in 8-inch lifts or

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less. When placing backfill, ensure that the difference between the heights of the backfill on the opposite sides of the structure does not exceed 12 inches.

Use mechanical tampers to compact the backfill adjacent to each side of the units and over the top of the units until they are covered to a minimum depth of 12 inches. Do not operate heavy equipment (weighing in excess of 12 tons) over the structure until a depth of backfill has been placed that will support the equipment.

G. Post-Tensioning. Place a longitudinal rod or strand through a preformed hole located in each corner of the units and stressed to a tension of 30,000 pounds each. After tensioning, cut the exposed end of the post-tensioning reinforcement to 1 inch below the surface of the anchorage pocket. Do not flame cut the post-tensioning reinforcement. Galvanize all hardware associated with the end anchorage system. Apply 2 coats of bituminous paint to the exposed parts of the end fittings.

H. Grouting. Fill hand pockets, post-tensioning reinforcement sleeves, and lifting lugs with non-shrink grout after the joints are sealed and the post-tensioning reinforcement are tensioned. Apply 1 coat of an epoxy waterproofing to all top slab hand hole pockets or lifting holes that are grouted in the field after the grout has properly cured.

505.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit PRECAST CONCRETE STRUCTURE LINEAR FOOT

SECTION 507 – CONCRETE BRIDGE DECK AND APPROACHES

507.03.07 Concrete Bridge Approach THE FOLLOWING IS ADDED:

Ensure the concrete conforms to the surface requirements as specified in 507.03.02 N, except each lot will be equal to the number of cubic yards of approach concrete placed in the lane.

507.04 MEASUREMENT AND PAYMENT THE SECOND PARAGRAPH IS CHANGED TO:

The Department will make payment for reinforcement steel under REINFORCEMENT STEEL, REINFORCEMENT STEEL, EPOXY-COATED, and REINFORCEMENT STEEL, GALVANIZED as specified in 504.04. THE FOLLOWING IS ADDED:

The Department will make a payment adjustment for concrete surface requirement quality in deck slabs and approach, by the following formula:

Pay Adjustment = Q x BP x PR Where: BP = Bid Price Q= Surface Requirement Lot Quantity PR= percent reduction as specified in Table 507.03.02-2

SECTION 509 – BRIDGE RAILING AND FENCE

509.02 MATERIALS THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Anodized Railing: Provide coating in accordance with ASTM B 580, Type A, Engineering Hard Coat, minimum anodic film thickness of 50 µm, with a black satin finish, to be applied to the standard aluminum bridge railing. Submit samples of color selection to RE for approval. Apply anodized finish after fabrication. Provide written

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documents on procedures to repair any damaged finish. Ensure all associated hardware with anodized railing is also anodized.

509.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit BRIDGE RAILING, ANODIZED LINEAR FOOT

SECTION 513 – RETAINING WALLS

513.02.01 Materials THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Modular units for Landscape Wall: Use high-strength, low-absorption solid concrete segmental blocks, with straight geometry and tumbled edges. Each unit shall be 6 inches high and 12 inches deep with a front face of 16 inches and a rear face of 14 inches. The weight of each unit shall be 82 pounds. All units shall be sound and free of chips, cracks or other defects that would interfere with the placement of the unit. Units, which are chipped or cracked, will not be accepted. The modular units shall conform to ASTM C 1372-04e2 – Standard Specification for Dry-Cast Segmental Retaining Wall Units. The units shall be capable of attaining both convex and concave curves for outside and inside corners. The structural and geometric requirements of the modular units shall conform to the following:

1. Compressive strength: 3000 psi minimum in accordance with ASTM C 90 and C 140. 2. Moisture absorption rate of 8% maximum, by weight. 3. Dimensional tolerances equal ±1/8-inch from nominal unit dimensions, except height, which shall

be ± 1/16-inch. The color and texture will be approved by the RE for the wall.

THE FOLLOWING IS ADDED:

For MSE Walls, use either Soil Aggregate, I-15 or Coarse Aggregate, No. 57. For Prefabricated Modular Retaining Walls and T-Wall, use either Soil Aggregate, I-9 or Coarse Aggregate, No. 57.

513.03.01 Proprietary Retaining Walls

B. Shipping, Handling, and Storing. THE FOLLOWING IS ADDED AFTER THE FIRST PARAGRAPH:

Prior to shipment of the modular units of the landscape wall, submit a representative sample of 5 blocks to the RE for approval.

D. Installing. THE FOLLOWING IS ADDED AFTER THE THIRD PARAGRAPH:

For landscape walls, do not expose sawcuts to view. Ensure all exposed faces have split edges. Ensure all corners connect and overlap. Do not miter corners. Finish the wall with cap units placed along the top course according to the manufacturer’s recommendations. Ensure no gaps are greater than 1/8-inch on the cap units. Secure cap units and corner units using an exterior concrete adhesive as recommended by the manufacturer.

F. Backfilling. THE HEADING AND FIRST PARAGRAPH UNDER SUBPART (1) ARE CHANGED TO:

1. Soil Aggregate.

G. Compacting. THE HEADING AND FIRST PARAGRAPH UNDER SUBPART (1) ARE CHANGED TO:

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1. Soil Aggregate. With the exception of the 5-foot zone directly behind the units, compact soil aggregate with large, smooth drum, vibratory rollers using the density control method as specified in 203.03.02.D.

513.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit LANDSCAPE WALL SQUARE FOOT

THE FOLLOWING IS ADDED AFTER THE FIRST PARAGRAPH:

The Department will make payment for reinforcement steel under REINFORCEMENT STEEL, and REINFORCEMENT STEEL, EPOXY-COATED as specified in 504.04 for reinforcement steel in cast-in-place retaining walls.

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DIVISION 600 – MISCELLANEOUS CONSTRUCTION

SECTION 601 – PIPES

601.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit ___” PERFORATED HIGH DENSITY POLYETHYLENE PIPE LINEAR FOOT

SECTION 602 – DRAINAGE STRUCTURES

602.02 MATERIALS

602.02.01 Materials THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Aluminum Bars: Use aluminum bars for trash racks as specified in ASTM B 221 and ASTM 6061-T6. Welding of the bars shall be in accordance with ANSI/AWS D1.2 Structural Welding Code - Aluminum.

602.03 CONSTRUCTION THE FOLLOWING SECTION IS ADDED:

602.03.09 Water Quality Treatment Structure

Construct water quality treatment structure as specified in 602.03.02.

602.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEMS ARE ADDED:

Item Pay Unit WATER QUALITY TREATMENT STRUCTURE UNIT OUTLET CONTROL STRUCTURE UNIT SPECIAL DRAINAGE STRUCTURE UNIT

SECTION 604 – GABION WALLS

604.01 DESCRIPTION THE FIRST SENTENCE IS CHANGED TO:

The Section describes the requirements for constructing gabion walls and mattresses.

604.02 MATERIALS THE FOLLOWING IS ADDED:

Gabion mattresses shall be manufactured with all components mechanically connected at the production facility with the exception of the mattress lid, which is produced separately from the base. The ends and diaphragm(s) shall be factory connected to the base. All perimeter edges of the lid shall be selvedged with wire having a larger diameter.

The mattress shall be uniformly divided into internal cells. The diaphragms shall be secured in position to the base so that no additional lacing is necessary at the jobsite.

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Gabion mattress rocks shall range between 3 in. (75 mm) and 6 in. (150 mm). The range in sizes shall allow for a variation of 5% oversize and/or 5% undersize rock, provided it is not placed on the gabion exposed surface. The size shall be such that a minimum of two layers of rock must be achieved when filling the gabion mattresses.

Materials for woven mesh gabion walls and gabion (Reno) mattresses shall be PVC-coated galvanized steel wire conforming to ASTM A641. The wire shall be of adequate size and cross section for proper functioning.

604.03 CONSTRUCTION

604.03.01 Gabion Walls THE TITLE OF THIS SUBSECTION IS CHANGED TO:

604.03.01 Gabion Walls and Mattresses

604.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit GABION MATTRESS CUBIC YARD

SECTION 605 – FENCE

605.02 MATERIALS THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Aluminum Sliding Gate: Use TransPort™ Cantilever Gate System, chain link style, by Ameristar, or approved equal. Framing: Use materials for cantilever gate framing manufactured from aluminum (Designation 6063-T6, see ASTM B-221) with a maximum yield strength of 25,000 psi, a maximum tensile strength of 30,000 psi and a standard mill finish. Top Rail: Use the TransPort™ top rail manufactured from aluminum (Designation 6063-T6) with a yield strength of 35,000 psi, a tensile strength of 38,000 psi and a standard mill finish.

TransPort™ Cantilever Gate System, chain link style, is available from the manufacturer at the following address:

Ameristar 1555 North Mingo Tulsa, OK 74116 (918) 835-0898

605.03 CONSTRUCTION THE FOLLOWING IS ADDED:

605.03.05 Resetting Fence

Dispose of existing fence materials that are found not to be usable or are damaged by construction operations and replace with new materials of the same or equivalent type, without additional compensation.

Relocation of gates shall be coordinated with the property owner.

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605.03.06 Aluminum Sliding Gate

Fill chain link cantilever frames with a fabric meeting the wire mesh material and size required for corresponding chain link fencing. Ensure the framing has eye bolts attachments points (through bolted) on all sides to allow attachment of fabric.

Brace counter supports with either truss cables or brace framing.

Include 2 upper suspension rollers and 2 lower guide rollers with each gate.

605.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit RESET FENCE LINEAR FOOT ALUMINUM SLIDING GATE UNIT

The Department will make payment for resetting/relocating existing gates, measured in linear feet, under RESET FENCE.

SECTION 606 – SIDEWALKS, DRIVEWAYS, AND ISLANDS

606.01 DESCRIPTION THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

This Section also describes the requirements for the installation of brick pavers on a concrete base.

606.02 MATERIALS

606.02.01 Materials THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS: Concrete Colored Sidewalk

Color Additive: Use Color Additive No. 8084 by Davis Colors, or approved equal. Color additives shall contain pure, concentrated mineral pigments specially processed for mixing into concrete and as specified in ASTM C979. Color shall be Dark Gray.

Disintegrating bags: Use Mix-Ready® disintegrating bags by Davis Colors, or approved equal, to add color additive to mix at Site.

Curing Compound for Colored Concrete: Provide W-1000 Clear Cure & Seal or Color Seal II by Davis Colors, or approved equal. Curing compound shall comply with ASTM C309 and be approved by color additive manufacturer for use with colored concrete.

Color additive No. 8084, Mix-Ready® disintegrating bags, W-1000 Clear Cure & Seal, and Color Seal II are available from the manufacturer at the following address:

Davis Colors 3700 East Olympic Boulevard Los Angeles, CA 90023 (800) 356-4848

Brick Pavers

Sand ....................................................................................................................................................... 901.06.02 Filter Fabric: Use subsurface drainage geotextile as specified in 919.01

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Brick Pavers: Use straight edge clay brick pavers as manufactured by Whitacre Greer or approved equal. The units shall conform to the requirements of ASTM C 902 (Class SX, Type 1, Application PS). The units shall be standard 4 × 8 × 2 1/4 inches. Permissible variations in dimensions shall be ± 3/16-inch on paver dimensions of 3 to 5 inches and ± 1/4-inch on dimensions of 5 to 8 inches. 8,000 psi minimum compressive strength and below 6% cold water absorption. Paver colors shall be either Chocolate or a blend of Antique, Dark Antique, Mulberry, and Sunset, as shown on the Plans. Paver patterns shall be either herringbone or stacked bond, as shown on the Plans.

Pavers are available from the manufacturer at the following address:

Whitacre Greer 1400 S. Mahoning Avenue Alliance, OH 44601 (330) 823-1610

Bedding sand, joint sand, and edge restraint shall be as per the paver manufacturer’s recommendations.

606.03 CONSTRUCTION

606.03.02 Concrete Sidewalks, Driveways, and Islands THE FOLLOWING IS ADDED:

For colored concrete sidewalks, mix color additive according to the manufacturer’s recommendations. Construct colored concrete sidewalks 4-inches thick.

606.03.02 Concrete Sidewalks, Driveways, and Islands

H. Protection and Curing. THE LAST SENTENCE IS CHANGED TO:

Ensure vehicles and other loads are not placed on sidewalks, islands, and driveways until the concrete has attained compressive strength of 3000 pounds per square inch, as determined from 2 concrete cylinders field cured according to AASHTO T 23.

THE FOLLOWING IS ADDED:

606.03.04 Brick Pavers

Submit the following to the Department for approval:

1. Three sample pavers of each color specified.

2. Manufacturer’s literature with material descriptions and installation instructions.

3. Test reports showing compliance with specified ASTM requirements.

4. Layout drawings of each paved area showing the pattern of the pavers, pavers requiring cutting and installation details.

606.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEMS ARE ADDED:

Item Pay Unit COLORED CONCRETE SIDEWALK SQUARE YARD BRICK PAVERS SQUARE YARD

THE FOLLOWING IS ADDED:

The Department will include the reinforced concrete base in the payment for BRICK PAVERS.

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SECTION 607 – CURB

607.02 MATERIALS

607.02.01 Materials THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

Broken Stone ......................................................................................................................................... 901.03.01 Belgian Blocks:

Use 6 × 4 × 10 in minimum Belgian blocks. Color shall match those in place when meeting existing Belgian block curb.

607.03 CONSTRUCTION THE FOLLOWING IS ADDED:

607.03.08 Belgian Block Curb

Construct Belgian block curb as specified in 607.03.05.

607.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit BELGIAN BLOCK CURB LINEAR FOOT

SECTION 610 – TRAFFIC STRIPES, TRAFFIC MARKINGS, AND RUMBLE STRIPS

610.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS DELETED:

Item Pay Unit RPM, BI-DIRECTIONAL, WHITE LENS UNIT

SECTION 612 – SIGNS

612.03 CONSTRUCTION THE FOLLOWING IS ADDED:

612.03.04 Overhead Street Name Signs

Mount overhead street name signs to signal arms as shown in the plans.

After mounting sign panels, notify the RE. The RE will examine the sign panel at night for glare. If directed by the RE, adjust the sign panels to eliminate glare.

612.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit OVERHEAD STREET NAME SIGNS SQUARE FOOT

THE FOLLOWING SECTION IS ADDED:

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SECTION 618 – BENCHES

618.01 DESCRIPTION

This Section describes the requirements for installing benches.

618.02 MATERIALS Bench:

Use Greensite Series Contoured Bench, Recycled Plastic Slats, Model CM-324-6 by Victor Stanley or approved equal. Bench shall be 6 feet in length and surface mounted. Powder coating color shall be black and color of recycled plastic slats shall be gray.

Bench is available from the manufacturer at the following address:

Victor Stanley, Inc. P.O. Drawer 330 Dunkirk, MD 20754 (301) 855-8300

618.03 CONSTRUCTION

618.03.01 Benches

Install benches according to manufacturer’s recommendations.

618.04 MEASUREMENT AND PAYMENT

Item Pay Unit BENCH UNIT

THE FOLLOWING SECTION IS ADDED:

SECTION 620 – FLAG POLES

620.01 DESCRIPTION

This Section describes the requirements for installing ground-set flag poles made from aluminum.

620.02 MATERIALS

Provide materials as specified: Concrete ..................................................................................................................................................... 903.03 Joint sealer .................................................................................................................................................. 914.02 Sand ....................................................................................................................................................... 901.06.02

Aluminum Flag Pole:

A. Provide flag pole capable of withstanding the effects of wind loads, determined according to NAAMM FP 1001, “Guide Specifications for Design of Metal Flagpoles.”

1. Base flagpole design on polyester flags of maximum standard size suitable for use with flagpole.

2. Basic Wind Speed (flagged): 120 mph (54m/s)

B. Provide uniform conical tapered flag pole fabricated from seamless extruded tubing in compliance with ASTM B 241/ (B 241M), Alloy 6063, with a wall thickness of 1/8-inch. Heat treat after fabrication to comply with ASTM B 597, Temper T6.

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C. Exposed height shall be 25-foot. D. Aluminum Finish: Finish designations prefixed by AA comply with the system established by

the Aluminum Association for designating aluminum finishes.

1. Class I, Color Anodic Finish: AA-M12C22A42/A44 (Mechanical Finish: nonspecular as fabricated; Chemical Finish: etched, medium matte; Anodic Coating: Architectural Class I, integrally colored or electrolytically deposited color coating 0.018 mm or thicker) complying with AAMA 611. a. Color: Light bronze

Fittings:

Provide the following standard fittings by the manufacturer of the flag pole:

1. Foundation Tube: Galvanized corrugated-steel foundation tube, 0.064-inch (1.6-mm) minimum nominal wall thickness. Provide with 3/16-inch (4.8-mm) steel bottom plate and support plate; 3/4-inch (19-mm) diameter, steel ground spike; and steel centering wedges all welded together. Galvanize steel parts, including foundation tube, after assembly. Provide loose hardwood wedges at top of foundation tube for plumbing pole. Provide flashing collar of same material and finish as flagpole.

2. Internal Halyard Cam Cleat System: 5/16-inch diameter, braided polypropylene halyard; cam cleat mounted inside shaft; and concealed revolving truck assembly with plastic-coated counterweight and sling. Provide flush access door secured with cylinder lock. Finish truck assembly to match flag pole or provide color submittal for approval if different.

3. Finial Ball: Standard flush-seam ball, sized as indicated or, if not indicated, to match flag pole-butt diameter. Finish Finial ball to match flag pole or provide color submittal for approval if different.

4. Halyard Flag Snaps: Provide two swivel snap hooks per halyard.

620.03 CONSTRUCTION

Construct flag poles in one piece if possible. If more than one piece is necessary, provide flush hairline joints using self-aligning, snug-fitting, internal sleeves.

Install flag pole as shown on the Plans and according to the manufacturer’s recommendations.

Install flag pole in foundation tube, seated on bottom plate between steel centering wedges. Plumb flagpole and install hardwood wedges to secure flagpole in place. Place and compact sand in foundation tube and remove hardwood wedges. Seal top of foundation tube with a 2-inch (50-mm) layer of elastomeric joint sealant and cover with flashing collar.

Prepare uncoated metal flag poles that are set in foundation tubes by painting below-grade portions with a heavy coat of bituminous paint.

620.04 MEASUREMENT AND PAYMENT

The Department will measure and make payment for Items as follows:

Item Pay Unit FLAG POLE, 25’ HT, INTERNAL HALYARD UNIT

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DIVISION 650 – UTILITIES

SECTION 651 – WATER

651.01 DESCRIPTION THE FOLLOWING IS ADDED:

This Section also describes the requirements for the construction of a “dry” bridge fire protection system for the Township of Byram Fire Department.

651.02 MATERIALS

651.02.01 Materials THE FOLLOWING IS ADDED:

Ensure all materials conform to the following:

1. C105/A21.5-93 American National Standard for Polyethylene Encasement for Ductile-Iron Pipe Systems

2. C110/A21.10-93 American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 In. Through 48 In. for Water and Other Liquids

3. C111/A21.11-90 American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings

4. C151/A21.51-91 American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water and Other Liquids

5. C550-90 AWWA Standard for Protective Epoxy Interior Coatings for Valves and Hydrants 6. C502-94 AWWA Standard for Dry-Barrel Fire Hydrants (Includes addendum C502a-95.)

Ensure all exposed pipe are epoxy coated with a minimum thickness of 16 mils.

Encase all buried pipe with polyethylene for corrosion control.

Use flanged-joint ductile iron pipe, Class 350 except where noted otherwise on Plans.

All materials are subject to approval of the Township of Byram Fire Department.

651.03 CONSTRUCTION THE FOLLOWING IS ADDED:

651.03.09 Dry Hydrant Assembly

A. Working Drawings. Submit full data pertaining to the materials, including complete dimension drawings showing details of construction, operation (where applicable) and installation requirements, for approval by the Township of Byram and the RE. As a minimum, submit full data for review and approval on the following items:

1. Pipe; 2. Fittings and Flexible Connections; 3. All Valves; 4. Bulkhead System (include material, location and thrust restraint); 5. Hydrants and Connections; 6. Pressure Testing Plan.

B. Testing Plan. Submit a hydrostatic test plan to the Township of Byram and the RE for approval 2 weeks prior to filling the main. All work must be coordinated with the Township of Byram and the RE.

Test the system at a minimum pressure of 200 psi at the lowest point in the system.

C. Installation. Construct 6-inch and 8-inch DIP water mains and all associated fittings, valves, gaskets, flexible connections and all other required appurtenances as shown in the Plans and in accordance with C600-93

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AWWA Standard for Installation of Ductile-Iron Water Mains and Their Appurtenances. Use structural shapes and plates for utility supports.

Upon completion of installation, the systems shall be pressure tested in accordance with the approved Test Plan.

After completion of the test, the test pressure shall be relieved and the Township of Byram will perform a Final Inspection.

The installation of the Fire Protection System is subject to inspection and approval by the Township of Byram.

651.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit DRY HYDRANT ASSEMBLY LUMP SUM

THE FOLLOWING IS ADDED:

The Department will make payment for all costs for testing, labor, excavation, and materials, including but not limited to: dry hydrants, associated piping, fittings, valves, gaskets, flexible connections, thrust blocks, dewatering, excavation support systems, bedding, select backfill, and compaction required to construct the item DRY HYDRANT ASSEMBLY in the price bid for the item.

SECTION 652 – SANITARY SEWERS

652.02 MATERIALS THE FOLLOWING IS ADDED TO THE LIST OF MATERIALS:

4” Sanitary Force Main System: Broken stone .......................................................................................................................................... 901.03.01 Ductile Iron Sewer Pipe, Class 52:

Use ductile iron pipe, Class 52, according to AWWA C151. Use fittings according to AWWA C110.

Asphaltic Coating: Use an outside asphaltic coating conforming to the requirements of the AWWA C151, at twice the specified thickness on all ductile iron pipe and fittings not exposed to view.

Bituminous Coating: Use a special interior bituminous seal coating in accordance with AWWA C151 for ductile iron pipe and fittings.

Epoxy lining: Use PROTECTO 401 Ceramic Epoxy by U.S. Pipe or approved equal and Raven 404 by RLS Solutions Inc. or approved equal as shown on the Plans.

Joint Compound: Use PROTECTO 401 Joint Compound by U.S. Pipe or approved equal.

PROTECTO 401 Ceramic Epoxy and PROTECTO 401 Joint Compound are available from the manufacturer at the following address:

U.S. Pipe P.O. Box 10406 Birmingham, AL 35202 (866) 347-7473

Raven 404 is available from the manufacturer at the following address:

RLS Solutions Inc. 13105 East 61st Street, Suite A

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Broken Arrow, OK 74012 (800) 324-2810 Plug Valves:

Use Eccentric Plug Valves by DeZURIK or approved equal. Plug valves 3 inches and larger shall be non-lubricated, eccentric plug valves furnished with end connections as shown on the Plans and be rated for maximum pressure of 175 psi. Valve bodies shall be constructed of heavy cast iron body and furnished with a welded overlay seat of not less than 90 percent pure nickel for corrosion protection. Valves shall be furnished with replaceable, sleeve-type stainless steel bearings. Plugs shall be constructed of cast iron and be capable of withstanding the full pressure rating of the valve. Plugs shall be resilient-faced with neoprene suitable for use with the liquid and/or solids they come in contact with. Valve shaft seals shall be of the multiple V-ring type and be externally adjustable, repackable without removing the bonnet or actuator from the valve, and repackable under pressure. Provide plug valves with a standard operating nut. Other operating mechanisms may include a handwheel, chain, operating stand, locking or non-locking operating nut, or lever. All operating mechanisms must be manufactured or guaranteed as furnished by the valve manufacturer to be operator-compatible with the valve for which furnished. Buried valves greater than 3 feet to the operating nut shall be furnished with extension stems to within 6 inches of the finished ground surface. All buried valves shall be furnished with multiple section valve boxes and covers, 2-inch square operating nuts, and tee wrenches for 2-inch square nuts.

Eccentric Plug Valves are available from the manufacturer at the following address:

DeZURIK 250 Riverside Avenue North Sartell, MN 56377 (320) 259-2000 Combination Air Valves:

Use Combination Air Valves, Figure 942-F, 2-inch inlet and 2-inch outlet, by GA Industries, Inc. or approved equal. Combination air valves shall be designed to exhaust large amounts of air during filling, release small amounts of accumulated air during operation and open upon impending vacuum to admit large amounts of air while draining. The valve shall be float operated, and both the air and vacuum, and air release functions shall be housed in a single body. Body and cover shall be of cast iron conforming to ASTM A126, Class B. All leverage mechanism parts and the spherical float shall be stainless steel. The large and small orifice seats shall be Buna-N and be removable. The valve shall be provided with a flushing attachment, complete with bronze shut-off valves, quick-connect couplings and reinforced rubber hose. Inlet and outlet connection shall be threaded.

Combination Air Valves are available from the manufacturer at the following address:

GA Industries, Inc. 9025 Marshall Road Cranberry Township, PA 16066 (724) 776-1020 Push-On Joints:

Use push-on joints according to AWWA C111.

Mechanical Joints: Use mechanical joint ductile iron pipe according to AWWA C151. Use iron fittings according to AWWA C110. Use mechanical joints according to AWWA C111.

Precast Concrete Chamber: Provide materials as specified in 904.01.

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Steel Casing: Provide steel casing pipes with 35,000 psi minimum yield strength steel to resist buckling and fully protected on the exterior to resist corrosion. No interior coating is required. The pipe thickness shall be 0.32-inch minimum, and the diameter shall be 10.0 inches. Pipe to be manufactured by any steel pipe manufacturer who has successfully provided at least 20,000 feet of this size casing pipe and can document same.

Steel Casing Closures: Use minimum 0.32-inch thick full closure end caps. Closure plates shall fit within 1/4-inch of carrier pipe outside diameter. Closures to be provided with not less than four welded steel tabs of minimum 3/4-inch thickness set at 90 degrees centers for securing thrust rods to exposed carrier pipes. The tabs shall be fabricated steel, allowing for thrust rod alignment and bolting. The entire closure assembly, with tabs, shall be coated similarly to casing pipe.

Steel Casing Centering Devices: Use Centering Devices, Model SSI8 by Advance Products and Systems, Inc. or approved equal. Devices shall be 8 inches wide, band shall be 14 gauge T-304SS with EPDM 0.090-inch liner. All fasteners shall be T-304SS. Runners shall be 2 inches wide of glass filled polymer and 7 inches long. Risers shall be welded to the SS band by MIG welding, with SS welding fully passivated.

Steel Casing Centering Devices are available from the manufacturer at the following address:

Advance Products and Systems, Inc. P.O. Box 60399 Lafayette, LA 70596-0399 (337) 233-6116 Couplings:

Use Couplings, Style 38 or 138 by Piping Specialties, Dresser, Inc. or approved equal. Use Sleeve Type couplings, where required, that match in diameter to properly fit the connected pipes. Each coupling will consist of one cast iron middle ring, two ribbed, high-grade malleable iron follower rings, two rubber-compounded wedge section gaskets, and sufficient galvanized bolts to properly compress the gaskets. Gaskets, and galvanized bolts and nuts for couplings shall be compatible with the approved coupling.

Flanged Coupling Adapters: Use Flanged Coupling Adapters, Style 127 by Piping Specialties, Dresser, Inc. or approved equal. Adapters shall be fabricated of cast iron conforming to the requirements of ASTM A 126, Class B, and shall accommodate pipe offset up to 7/16-inch, axial pipe movement up to 3/16-inch, and pipe deflection up to 3 degrees.

Couplings and Flanged Coupling Adapters are available from the manufacturer at the following address:

Piping Specialties, Dresser, Inc. 41 Fisher Avenue Bradford, PA 16701 (814) 362-9200

652.03 CONSTRUCTION THE FOLLOWING IS ADDED:

Prior to the commencement of any work and as specified in 105.05, submit working drawings to the RE for approval indicating all main piping systems, end caps, valves and appurtenances, as well as their component parts, including pipe hangers, supports, braces, manholes, air-release valve chamber and appurtenances, cleanout assembly, casing pipes and all necessary ancillaries of 4” SANITARY SEWER FORCE MAIN SYSTEM. Ensure submittals include satisfactory evidence that the materials have been manufactured and tested in conformance with the specifications.

652.03.01 Sewer Pipe

A. Scheduling of Work.

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THE FOLLOWING IS ADDED:

Shutdowns are not permissible, as the pumping stations have minimal storage capacity. Provide sufficient wastewater hauling to ensure that as the pumping station fills, the sewage can be pumped out and hauled away.

E. Installing Sanitary Sewer Gravity and Force Mains. THE FOLLOWING IS ADDED:

Ensure vertical separation is 12 inches minimum for utility crossings. Where the required separation cannot be achieved, encase the sanitary line and affected utility in concrete as shown on the Plans. Ensure horizontal separation from drainage structures and piping is 2 feet minimum.

Install couplings according to the manufacturer’s recommendations.

Use flanged coupling adapters to join plain-end pipe to flanged valves, fittings, or other appurtenances.

Install steel casing lengths as shown on the Plans. Ensure the maximum length per section to be 10 feet nominal. Paint exterior with two coats of bitumastic paint to 12 mils minimum.

Install full closure end caps on casing after carrier piping has been installed. Ensure closures are full-welded at perimeter to casing pipe.

Install centering devices as shown on the Plans, but positioned at not less than according to the manufacturer’s recommendations. Place centering devices on the ductile iron carrier pipe during pipe assembly and position within the casing.

F. Thrust Blocks. THE THIRD SENTENCE IS CHANGED TO:

Ensure that thrust blocks do not come in contact with other utilities or structures without the approval of the RE.

H. Backfilling. THIS SUB-PART IS CHANGED TO:

Use 3/4-inch broken stone as bedding material for ductile iron sanitary sewer force mains.

Extend bedding material to a minimum of 6 inches above the pipe.

Use soil aggregate, designation I-3 as fill above the bedding.

652.03.03 Sanitary Sewer Pipe Lining THE FOLLOWING IS ADDED:

Cement-mortar line all pipe and fittings except where shown in the Plans. The lining shall be not less than twice the standard thickness, meeting the requirements of AWWA C104.

Coatings shall be considered as asphaltic or bituminous protection on interior and/or exterior pipe surfaces, or as protection on cement-mortar pipe lining.

Ensure sufficient quantities of coating material are supplied by the manufacturer for repairs to the coating in the field. Exposed pipe and fittings to be painted or encased in concrete shall not receive an outside coating.

Where noted on the Plans, ensure ductile iron pipe and fittings is corrosion resistant and fittings are lined with epoxy.

Apply 40 mils nominal dry film thickness of epoxy lining to the interior of the pipe. Do not apply lining when the substrate or ambient temperature is below 40 °F. Ensure the surface is dry and dust free. If flange pipe or fittings are included in the project, do not use the lining on the face of the flange.

Due to the tolerances involved, the gasket area and spigot end up to 6 inches back from the end of the spigot and must be coated with 6 mils nominal, 10 mils maximum joint compound. Apply the joint compound by brush to ensure coverage. Take caution that the joint compound is smooth without excess buildup in the gasket seat or on the spigot ends. Apply coating of the gasket seat and spigot ends after the application of the linings.

Check all ductile iron pipe and fitting linings for thickness using a magnetic film thickness gauge. Use the method outlined in SSPC PA-2 Film Thickness Rating.

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Ensure the interior lining of all pipe and fittings is tested for pinholes with a nondestructive 2,500 volt test. Any defects found shall be repaired prior to shipment.

The pipe or fitting manufacturer must supply a certificate attesting to the fact that the applicator met the requirements of this specification and that the material used was as specified.

Ensure all epoxy lined pipe and fittings are handled from the outside of the pipe and fittings. Ensure no forks, chains, straps, hooks, etc. are placed inside the pipe and fittings for lifting, positioning, or laying.

652.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEM IS ADDED:

Item Pay Unit 4” SANITARY SEWER FORCE MAIN SYSTEM LUMP SUM

THE FOLLOWING IS ADDED:

The Department will not make payment for any individual item required for the 4” SANITARY SEWER FORCE MAIN SYSTEM.

THE FOLLOWING SECTION IS ADDED:

SECTION 654 – JCP&L FACILITY

654.01 DESCRIPTION

This Section describes the requirements for installing, relocating and removing Jersey Central Power and Light (JCP&L) electric utility facilities including conduits, manholes, transformer vaults, handholes, and appurtenances and also includes the requirements for transferring electric services.

654.02 MATERIALS

Except for the materials noted below, JCP&L will supply all materials necessary for the work at no cost to the Contractor. Provide JCP&L written notice 30 days in advance of when materials will be required. Ensure the electric subcontractor takes delivery of the materials from JCP&L’s storage facility within two weeks of the notice from JCP&L indicating that the material is available. Materials may be located at more than one JCP&L storage facility. If the electric subcontractor fails to take delivery, the material may not be available, and the electric subcontractor may be required to provide an additional request for materials. The Contractor is responsible for compensating the Department for any additional handling costs incurred by JCP&L resulting from the failure to take delivery within the time required.

The electric subcontractor is responsible for loading the material, delivering it to the job site, and all subsequent handling and delivery within the jobsite. Store and protect all materials received from JCP&L. Return and deliver all excess materials furnished by JCP&L to JCP&L’s storage facility. Obtain a receipt for all material received from JCP&L, maintain a documented inventory of materials used and obtain a receipt for all material returned to JCP&L.

Provide materials as specified: Tack Coat 64-22: PG 64-22 ................................................................................................................... 902.01.01 Concrete ..................................................................................................................................................... 903.03 Curing Materials ......................................................................................................................................... 903.10 Controlled Low Strength Material (CLSM) ............................................................................................... 903.09 Hot Mix Asphalt (HMA) ............................................................................................................................ 902.02 Sealer, Hot-Poured ..................................................................................................................................... 914.02 Polymerized Joint Adhesive ....................................................................................................................... 914.03

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654.03 CONSTRUCTION

654.03.01 Electric

A. Prequalification. Only a prequalified electric subcontractor, approved by JCP&L, may construct and relocate JCP&L electric facilities. The following is a list of electric subcontractors that have been previously approved by JCP&L. This list is provided as information only, and is not an endorsement by the Department of any subcontractor. The Contractor is responsible for soliciting from a subcontractor that will be approved by JCP&L when preparing its Bid. Work restricted to the electric subcontractor does not preclude the Contractor from performing the work of layout, traffic control, sawcutting, pavement removal, temporary or final pavement restoration, and landscape restoration associated with the work of installing or relocating JCP&L electrical facilities.

Hawkeye, LLC 100 Marcus Blvd, suite 1 Hauppauge, NY 11788 Tel: 631-447-3100 Fax: 631-447-3830 Att: Mr. Charles Gravina - Mgr. Electric Operations email: [email protected] Henkels & McCoy, Inc. 381 Cranberry Road Farmingdale NJ 07727-3510 Tel: 732-919-7933 Fax: 732-919-7935 Att: Mr. Lou Ferenci ext. 103 or 104 Att: Mr. Bob Dougherty ext. 106 email: [email protected] email: [email protected] JBL Electric Inc. 130 Furler Street Totowa, NJ 07512 Tel: 973-774-4200 Fax: 973-237-0038 Att: Mr. Jim Leary - President email: [email protected] MYR (Harlan & The L.E. Myers Company) 1416 Trindle Road 3-A Carlisle, PA 17015- Tel: 717-243-4600 Fax: 717-243-3633 Att: Mr. Jon Arganbright email: [email protected] M.J. Electric, LLC 1047 Shoemaker Avenue PO Box 310 Shoemakersville, PA 19555-0310 Tel: 610-562-7570 x 4802 Fax: 610-562-1375 Att: Mr. Mike Troutman email: [email protected]

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Asplundh 161 Second Street Wilkes Barre, PA 18702-6934 Tel: 570-947-1101 Fax: 570-822-0770 Attn: Mr. Vincent Stanbro email: [email protected] Tri-M Group, LLC PO Box 69 204 Gale Lane Kennett Square, PA 19348-0069 Tel: 610-444-1001 ext 159 Fax: 484-731-0209 Attn: Mr. Ron Bauguess email: [email protected] Approved for underground work only: J. Fletcher Creamer & Son, Inc. 1701 E. Linden Avenue Linden, NJ 07036-1500 Tel: 908-925-3200 Fax: 908-925-3350 Att: Mr. Ted Paliwoda email: [email protected]

B. Indemnification. The Contractor agrees to indemnify and hold harmless JCP&L, its officers, employees and agents from liability and claims related to the work described under Section 654. This requirement does not establish JCP&L as a third party beneficiary; the provisions specified in Section 107.10 are unaltered.

C. Scheduling of Work and Interruption to Utilities. Provide the RE and the designated JCP&L representative with a detailed schedule of when the electric utility work will be performed. Indicate in the schedule for each activity the following information: the work locations; the number of crews; and whether the work will be performed during a day shift or night shift, or on weekends. Coordinate all electric utility work with the JCP&L representative, and notify the RE and the JCP&L representative at least two weeks prior to starting electric utility work. Do not interrupt existing electric service until approved by the JCP&L representative.

Weather conditions may prevent connections to existing systems between June 1 and September 30. Do not perform work which will require electric transmission service interruptions from June 1 through September 30 without the approval of JCP&L. JCP&L may extend this period based on weather conditions and system demand. Notify JCP&L at least one month in advance of commencing conductor work.

If service transfers are required, coordinate service transfers with the JCP&L representative. Notify the property owner and all tenants affected by service interruptions or transfers prior to making the service transfer. Minimize disruption to normal operations of existing facilities and minimize any interruption of electric service to JCP&L customers. Protect existing facilities during construction and installation of the service transfer.

D. Quality Control and Quality Assurance. Provide access to the work for the JCP&L representative at all times. Perform all electric utility work in a manner acceptable to the JCP&L representative. Perform all electric utility work in accordance with JCP&L standards and details.

E. Safety. Perform work in accordance with applicable OSHA regulations, N.J.S.A. 34:6-47 “High Voltage Proximity Act”, and JCP&L safety standards.

F. Abandonment and Removal. Prior to beginning work, review the condition of all existing electric utility facilities noted to be removed with the JCP&L representative. If the JCP&L representative designates the material to be salvaged, remove the material and deliver it to a JCP&L storage facility. Remove and dispose of all other electrical utility material designated for removal.

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G. Excavation. When excavation is required in areas having existing pavement and sidewalk, sawcut to the full depth of the existing pavement and sidewalk. Excavate trenches for conduit, manholes and vaults and appurtenances. Provide vertical sides for excavations within the traveled way, shoulder, sidewalk areas, and where existing facilities require protection. Remove unstable material at the bottom of the excavation and backfill with granular material. Do not excavate trenches more than 300 feet in advance of installing conduit unless approved by the RE. Provide and maintain trench crossings where necessary to maintain access. Do not leave trenches open overnight unless protected by temporary fencing or steel plates. Remove and dispose of excess or unsuitable material as specified in 202.03.07.

H. Backfill. Backfill with suitable material in lifts not exceeding 6 inches thick, loose measurement. If the backfill is predominantly granular material, compact the backfill material with a vibratory plate compactor. For material that is not predominately granular, compact the backfill material with a vibratory rammer compactor. If it is not possible to compact the backfill material, the Contractor may backfill with CLSM with the approval of the JCP&L representative. If using CLSM, install as specified in 601.03.01.F.

I. Restoration. Restore areas disturbed in the performance of electrical utility relocations to its original condition. In areas that are disturbed for which the plans provide final grading, pavement or landscaping, provide temporary restoration to the satisfaction of the RE. If open-cut trenching across a road is required, restore the pavement with in-kind construction.

J. Field Testing. Perform a high-potential test (also known as a dielectric voltage withstand test) on all cables and splices prior to energizing. Testing must be performed by a person who is qualified to operate the test equipment, and is familiar with the cable system. Ensure that the cables are disconnected from non-cable systems equipment, and that adequate physical clearances are maintained between all cable ends, energized cables, and electrical grounds and all other equipment during the test. Prior to performing the test, verify that all taps or laterals in the circuit are cleared. In the event hot poured compound filled splices and terminations are involved, do not perform testing until they have cooled to ambient temperature. Set the relays in the high voltage direct current test equipment to operate between 5 and 25 milliamperes leakage. The shape of the leakage curve under constant voltage is more important than the absolute leakage current of a “go or no go” withstand test result. The field test voltage is related to the final factory applied dc potentials using a factor of 80 percent.

Ensure the high potential test is performed in the presence of the JCP&L representative. Apply a direct current field test voltage according to the following table:

Field Test Values Rated Voltage dc Hi-Pot Test dc Hi-Pot Test Phase to (15 Minutes) Phase Wall - mils Kv Wall - mils kV 5000 90 25 115 35 8000 115 35 140 45 15000 175 55 220 65 25000 260 80 320 95 28000 280 85 345 100 35000 345 100 420 125 46000 445 130 580 170 69000 650 195 650 195

Note: If the leakage current quickly stabilizes, the duration may be reduced to 10 minutes.

After the voltage has been applied and the test level reached, record the leakage current at one-minute intervals. If the leakage current decreases or stays steady after it has leveled off, the cable is considered satisfactory. If the leakage current starts to increase, excluding momentary spurts due to supply-circuit disturbances, extend the test to see if the rising trend continues. At the conclusion of the test, discharge the circuit through the test set and voltmeter circuit. After the potential drops below 95% of the test value, ground the cable and discharge the circuit. Leave the grounds on all conductors for a minimum of four times as long as the test voltage was applied.

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Remove and replace cables that fail to meet the requirements of the direct current field test. The Contractor is responsible for reimbursing the Department for any additional material costs incurred by the Department resulting from the failure to meet the requirements of the direct current field test.

K. Energizing Lines. Energize lines with the guidance of the JCP&L representative. Prior to energizing lines, submit a request to JCP&L. Switching orders may only originate from JCP&L employees. Submit a request for permission to energize transmission lines 10 days in advance of when the work will be performed. Request permission to energize distribution lines in a manner that will permit the JCP&L representative to submit a request to JCP&L’s Dispatch Office by noon the previous business day.

L. As-builts. Upon completion of the work, submit to JCP&L as-built drawings in accordance with JCP&L standards. Prints of construction drawings, marked to show the final location, are acceptable. Provide a copy of the as-built drawings to the RE.

654.04 MEASUREMENT AND PAYMENT

The Department will measure and make payment for Items as follows:

Item Pay Unit ELECTRICAL UTILITY RELOCATION, JCP&L LUMP SUM

THE FOLLOWING SECTION IS ADDED:

SECTION 655 – UNDERGROUND ELECTRIC SERVICE

655.01 DESCRIPTION

This Section describes the requirements for relocating customer-owned electric services. Customer-owned service relocations shall consist of the removal and relocation of existing underground electrical service and house entry facilities to new utility pole locations to accommodate new underground service lines. Customer-owned service relocation shall also consist of such minor repair as is necessary because of damage to the structure occasioned by the relocation of existing underground services to a new location. Such minor repair includes but is not limited to, replacement of broken or split trim, removal of existing conduit service cable, restoration and pointing up of brick and other masonry work, and painting.

655.02 MATERIALS

Where existing materials are in accordance with the current requirements of the National Electric Code, JCP&L and the local ordinance requirements of Byram Township, replace all materials “in kind”. Upgrade materials not in conformance with these requirements to the appropriate standard at no additional cost to the State. These materials are subject to the approval of the RE and JCP&L.

Except where in conflict with these provisions, use materials as specified in 701.02 and 703.02.

Install miscellaneous materials necessary for repair and restoration similar to the materials existing in place. These materials are subject to the approval of the RE and JCP&L.

655.03 CONSTRUCTION

Relocate customer-owned service in accordance with 157.03.01, 701.02, 701.03.01, and 701.03.15. Ensure all wiring installed and all bonding and grounding is performed by experienced workmen in a first class manner, in accordance with the Plans and Specifications, the requirements of the National Electric Code and subject to the approval of JCP&L and the local electrical inspection authorities.

655.04 MEASUREMENT AND PAYMENT

The Department will measure and make payment for Items as follows:

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Item Pay Unit RELOCATE UNDERGROUND ELECTRICAL SERVICE UNIT

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DIVISION 700 – ELECTRICAL

SECTION 701 – GENERAL ITEMS

701.03.01 Existing Systems

Contact Howard Donovan, District Electrical Maintenance Supervisor, Phone number: (973) 770-5065 to determine if materials will be salvaged and the location to deliver and unload them.

701.03.05 Rigid Nonmetallic Conduit

B. Installation. THE LAST PARAGRAPH IS CHANGED TO:

Install true tape marked in 1 foot increments for the length of the rigid non-metallic conduit. Install a tracer wire continuously for the entire run of 1 of the conduits, including through the junction boxes mounted on the wall. Splice the tracer wire only in the junction boxes. Seal the rigid nonmetallic conduit with the tracer wire. If wire or cable is not scheduled to be installed within the next 6 months, cap and seal the other conduits leaving the true tape inside. Install marking tape in the trench above the conduit.

701.03.15 Cable and Wire

C. Connection and Coordination with Utility Services. THE FOLLOWING IS ADDED TO THE FOURTH PARAGRAPH:

At Substantial Completion, provide the RE with the letter of transfer from each utility company to be effective the next month after Substantial Completion or as directed by the RE.

701.04 MEASUREMENT AND PAYMENT THE FOLLOWING IS ADDED:

If restoration of disturbed areas includes sidewalks, driveways and islands, the Department will make measurement and payment for sidewalks, driveways and islands as specified in 606.04.

SECTION 702 – TRAFFIC SIGNALS

702.02.01 Materials THE FOLLOWING IS ADDED AT THE END OF THE TABLE AFTER THE FIRST PARAGRAPH:

Ensure all cabinets, pedestals, poles, transformer bases, bracket arms, mounting hardware and traffic signal mast arms are powder-coated black.

702.03 CONSTRUCTION THE FOLLOWING IS ADDED:

After placing a new, temporary or interim traffic signal system into operation, inspect the traffic signal system every 2 months. Fill out a Contractor Maintenance Traffic Signal Inspection Report (Form EL-16C) when the traffic signal system becomes operational, when the traffic signal system is modified, and at every 2-month inspection.

Maintain as-built drawings of each signal modification. Place copies of the as-built drawings for each traffic signal system modification, Forms EL-16C, and Forms EL-11C in a plastic pocket mounted inside the cabinet door of each controller cabinet. Also provide a copy of all forms and as-built drawings to the RE.

If a new, temporary or interim traffic signal system fails or becomes damaged, repair and restore the traffic signal system to normal operation. Begin repair of the traffic signal system within 2 hours of receiving notice of damage or malfunction from the Department, State police, or local authorities. Ensure that workers assigned to such repair work continuously until the traffic signal resumes normal signal operation.

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For each response to a system failure or damage, fill out a Contractor Maintenance Emergency Call Record (Form EL-11C) and place it in a plastic pocket mounted inside the cabinet door of each controller cabinet.

If the Contractor fails to respond to a failure or damage notification and begin work within 2 hours of notification, or does not continue to work until the traffic signal system resumes normal operation, the Department, in the interest of safety, will respond with its own forces to restore normal operation. If the Department mobilizes its forces to effect repairs, the Contractor agrees to pay the Department a sum of $3000 for costs of mobilizing its forces and equipment. In addition, the Contractor must pay the Department the actual cost of material used for the repair and pay the actual costs of police traffic protection.

702.03.01 Controller THE FOLLOWING IS ADDED:

Mount each controller assembly mounted on an 18-inch aluminum skirt with adjustable shelves. Ensure the 457 mm aluminum skirt of the same manufacturer as of the controller cabinet.

Ensure controller assemblies, 8 phase include an uninterruptible power source (UPS) unit in each controller cabinet installed. The UPS unit shall conform to the following criteria:

1. All interconnecting harnesses shall be heavy duty with military type connectors.

2. Battery backup units shall be programmed to maintain FULL normal signal operation for 50 percent of the total calculated run time of the unit under full load. After that, the signal shall revert to emergency flash operation for the duration of the battery reserve or until utility power is restored.

3. The Battery backup unit shall be warranted for a minimum of 2 years.

4. The Battery backup unit shall be a Clary SP 1000 Traffic UPS System or approved equal.

The UPS unit shall be shelf-mounted and the battery pack shall be shelf-mounted on the side wall of the controller cabinet skirt.

Submit catalog cuts and provide a fully wired cabinet for review and acceptance depicting placement of a fully equipped controller cabinet UPS equipment and battery pack before final approval is given to proceed with the installation.

702.03.11 Temporary and Interim Traffic Signal Systems THE FIRST THROUGH FIFTH PARAGRAPHS ARE DELETED:

702.04 MEASUREMENT AND PAYMENT THE FOLLOWING IS ADDED:

The Department will include the Battery backup and aluminum skirt in the payment for CONTROLLER, ___ PHASE.

SECTION 703 – HIGHWAY LIGHTING

703.02.01 Materials THE FOLLOWING IS ADDED AT THE END OF THE TABLE AFTER THE FIRST PARAGRAPH:

Ensure all cabinets, pedestals, poles, transformer bases, bracket arms, mounting hardware and mast arms are powder-coated black.

703.03 CONSTRUCTION THE FOLLOWING IS ADDED:

Maintain up-to-date as-built drawings of the highway lighting system and temporary highway lighting system. Place copies of the as-built drawings in a plastic pocket mounted inside the meter cabinet, and provide a copy to the RE

If the highway lighting system or temporary highway lighting system fails or becomes damaged, repair and restore the system to normal operation. Begin repair of the signal system within 2 hours of receiving notice of damage or malfunction from the Department, State police, or local authorities. Ensure workers assigned to such repair work continuously until the lighting system is restored to normal operation.

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For each response to a system failure or damage, fill out a Contractor Maintenance Emergency Call Record (Form EL-11C) and place it in a plastic pocket mounted inside the cabinet door of each controller cabinet.

If the Contractor fails to respond to a failure or damage notification and begin work within 2 hours of notification, or does not continue to work until the lighting system is restored to normal operation, the Department, in the interest of safety, will respond with its own forces to restore normal operation. If the Department mobilizes its forces to effect repairs, the Contractor agrees to pay the Department a sum of $3000 for costs of mobilizing its forces and equipment. In addition, the Contractor must pay the Department the actual cost of material used for the repair and pay the actual costs of police traffic protection.

703.03.07 Temporary Highway Lighting System

Contact Howard Donovan, District Electrical Maintenance Supervisor, Phone number: (973) 770-5065 to determine if materials will be salvaged and the location to deliver and unload them.

THE SIXTH PARAGRAPH IS DELETED: THE EIGHTH THROUGH TENTH PARAGRAPHS ARE DELETED:

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DIVISION 800 – LANDSCAPING

SECTION 806 – FERTILIZING AND SEEDING

806.02 MATERIALS THE FOLLOWING IS ADDED:

Basin Slope Seed Mixture: Provide Basin Slope (Upland) Mix by Pinelands Nursery, Inc. or approved equal. Seed mixture shall consist of the following:

Kind of Seed Percent of Total Weight of Mixture

Little Bluestem (Schizachyrium scoparium) 15 Autumn Bentgrass (Agrostic perennans) 15 Shelter Switch Grass (Panicum virginicus) 15 Virginia Wild Rye (Elymus virginicus) 10 Deer Tongue, Tioga (Panicum clandestinum) 10 Partridge Pea (Chamaecrista fasciculata) 10 Purple Top (Tridens flavus) 5 Indian Grass (Sorghastrum nutans) 5 Black Eyed Susan (Rudbeckia hirta) 8 Butterfly Milkweed (Asclepias tuberosa) 4 Spotted bee balm (Monarda punctata) 2 Purple Node Joe-Pye Weed (Eupatorium purpureum) 1

Basin Bottom Seed Mixture:

Provide Basin Slope (Upland) Mix by Pinelands Nursery, Inc. or approved equal. Seed mixture shall consist of the following:

Kind of Seed Percent of Total Weight of Mixture

Fox Sedge (Carex vulpinoidea) 25 Virginia Wild Rye (Elymus virginicus) 20 Lurid (shallow) Sedge (Carex lurida) 10 Soft Rush (Juncus effuses) 10 Green Bulrush (Scirpus atrovirens) 7 Wood Grass (Scirpus cyperinus) 7 Fowl Mannagrass (Glyceria striata) 5 Blue Vervain (Verbena hastate) 5 Blue Flag (Iris versicolor) 5 NY Ironweed (Vernonia noveboracensis) 2 Swamp Milkweed (Asclepias incarnate) 2 Grass Leaved Goldenrod (Euthamia graminifolia) 2

Basin Slope (Upland) Mix and Basin Bottom (Wetland) Mix are available from the manufacturer at the following address:

Pinelands Nursery, Inc. 323 Island Road Columbus, NJ 08022

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(609) 291-9486

806.03 CONSTRUCTION THE FOLLOWING IS ADDED:

806.03.03 Basin Seeding

Install basin seeding according to the manufacturer’s recommendations.

806.04 MEASUREMENT AND PAYMENT THE FOLLOWING ITEMS ARE ADDED:

Item Pay Unit FERTILIZING AND SEEDING, BASIN SLOPE SQUARE YARD FERTILIZING AND SEEDING, BASIN BOTTOM SQUARE YARD

SECTION 811 – PLANTING

811.03.01 Planting

E. Excavation for Plant Pits and Beds. THE LAST SENTENCE OF THE SECOND PARAGRAPH IS CHANGED TO:

Obtain RE approval before reusing topsoil from the excavated pits.

I. Watering. THE FIRST PARAGRAPH IS CHANGED TO:

Water plants with sufficient frequency and quantity to ensure that the soil surrounding the root system remains moist but not saturated.

811.03.02 Plant Establishment Period THE THIRD AND FOURTH PARAGRAPHS ARE CHANGED TO:

The Department will reinspect the plants annually for 3 years, beginning approximately 1 year after the start of the plant establishment period. If the Department determines that plants need to be replaced after each inspection, replant plants as specified in 811.03.01 within 3 weeks of notification. If replacing outside of the optimal planting season as specified in Table 811.03.01-1, only use containerized or balled and burlapped plants that are certified as being dug dormant.

2. Maintenance Bond.

Provide a bond to the Department in the amount of $20,000. THE FOLLOWING SECTION IS ADDED:

SECTION 813 – TIMBER RAIL

813.01 DESCRIPTION

This Section describes the requirements for installing timber rail.

813.02 MATERIALS Timber Posts ............................................................................................................................................... 915.01 Timber Rails ............................................................................................................................................... 915.04 Timber Connectors and Hardware .............................................................................................................. 915.06

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813.03 CONSTRUCTION

Install posts to a minimum depth of 3 1/2-ft (1.07 m). Space posts at 10-ft (3.48 m) on-center maximum.

Before excavating for the posts, determine the location of underground utilities that may conflict with the posts. Adjust post spacing as approved by the RE to eliminate such conflicts.

Countersunk all bolts flush with the face of the rail.

813.04 MEASUREMENT AND PAYMENT

Item Pay Unit TIMBER RAIL LINEAR FOOT

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DIVISION 900 – MATERIALS

SECTION 903 – CONCRETE

903.03.06 Tables

Table 903.03.06-2 Requirements for Structural Concrete Items THE SEVENTH LINE UNDER CAST-IN-PLACE ITEMS IS CHANGED TO:

Table 903.03.06-2 Requirements for Structural Concrete Items

Concrete

Class Slump1

(inches)

Percent Air Entrainment for Coarse Aggregate1

No. 57 & No. 67 No. 8 Decks, Sidewalks, Curbs, Parapets, Concrete Patch A 3 ± 1 6.0 + 1.5 7.0 ± 1.5

SECTION 904 – PRECAST AND PRESTRESSED CONCRETE

904.01.02 Fabrication THE LAST SENTENCE OF PART 2 IS CHANGED TO:

If using SCC, minimize or eliminate the use of vibrators to prevent segregation.

904.02.06 Quality Control and Acceptance Requirements STEP 2 IN THE THIRD PARAGRAPH IS CHANGED TO:

2. Dimensions not conforming to the tolerances specified in Table 904.02.02-1.

SECTION 905 – REINFORCEMENT METALS

905.01.05 Dowels THE ENTIRE SUBSECTION IS CHANGED TO:

Use plain reinforcement bars according to ASTM A 615, Grade 60. Galvanize according to ASTM A 123.

SECTION 912 – PAINTS, COATINGS, TRAFFIC STRIPES, AND TRAFFIC MARKINGS

912.03.01 Epoxy Traffic Stripes

B. Glass Beads. THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH:

Ensure that glass beads do not contain more than 200 ppm of lead, 200 ppm of antimony, or 200 ppm of arsenic.

912.03.02 Thermoplastic Traffic Markings THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH:

Ensure that glass beads do not contain more than 200 ppm of lead, 200 ppm of antimony, or 200 ppm of arsenic.

912.04.01 Latex Paint THE FOLLOWING IS ADDED TO THE SECOND PARAGRAPH:

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Ensure that glass beads do not contain more than 200 ppm of lead, 200 ppm of antimony, or 200 ppm of arsenic.

SECTION 914 – JOINT MATERIALS

914.04.01 Preformed Elastomeric (Compression Type)

B. Joint Sealer. THE LAST SENTENCE OF THE SECOND PARAGRAPH IS CHANGED TO:

If splicing of a sealer is allowed, ensure that the sealer at the splice point has no significant misalignment at its sides or top and that misalignment at the bottom does not exceed half of the bottom wall thickness.

SECTION 917 – LANDSCAPING MATERIALS

917.10 PLANT MATERIALS

H. Inspection. THE SECOND PARAGRAPH IS CHANGED TO:

The Department may inspect plant materials before delivery to the Project Limits and upon delivery to the Project Limits before installation. The Department may seal the inspected plant materials. For plant material originating from nurseries farther than 100 miles from the Project Limits, stock plant material at a Contractor-provided holding yard that is acceptable to the Department. The Department may inspect plant material originating from nurseries within 100 miles of the Project Limits at the nursery. Ensure that all plant material is untied and located so that trunk or stem and branch structure can be easily inspected. Provide sufficient notice to allow Department inspection at the nursery or holding yard and to allow time for Contractor reordering of rejected material. Notify the RE at least 10 days in advance of delivery to the Project Limits for installation. The Department will reject materials arriving with broken or missing seals, broken or loose balls, broken or pruned leaders, insufficient protection, or that have been damaged in transit. The Department may randomly inspect the root system of the plant material by breaking open the earth balls. Provide necessary assistance during Department inspections.

SECTION 918 – ELECTRICAL MATERIALS

918.12 PEDESTALS, POLES, TRANSFORMER BASES, AND MAST BRACKET ARMS THE FIRST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:

Fabricate pedestals, poles, transformer bases, and mast bracket arms for traffic signal, highway lighting, and camera standards with materials according to the appropriate ASTM standard and the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals.

THE SECOND PARAGRAPH IS CHANGED TO:

Ensure all aluminum poles, shoe bases, transformer bases, lighting, bracket arms, and traffic signal mast arms are powder-coated black. Ensure steel poles and steel traffic signal mast arms are powder-coated black.

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NJ EEO WHOLLY STATE FUNDED Page 1 of 3

STATE ATTACHMENT NO. 1

STATE OF NEW JERSEY EQUAL EMPLOYMENT OPPORTUNITY FOR CONTRACTS FUNDED BY WHOLLY STATE FUNDS

The provisions of N.J.S.A. 10:2-1 through 10:2-4 and N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127, as amended and supplemented) dealing with discrimination in employment on public contracts, and the rules and regulations promulgated pursuant thereunto, are hereby made a part of this contract and are binding upon the Contractor.

Noncompliance by the Contractor with the requirements of the Affirmative Action Program for Equal Employment Opportunity may be cause for delaying or withholding monthly and final payments pending corrective and appropriate measures by the Contractor to the satisfaction of the Department.

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

1. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause;

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

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

4. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and supplemented from time to time.

5. When hiring workers in each construction trade, the contractor or subcontractor agrees to attempt in good faith to employ minority and female workers in each construction trade consistent with the applicable employment goal prescribed by N.J.A.C. 17:27-7.3; provided, however, that the Affirmative Action Office may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B, and C, as long as the Affirmative Action Office is satisfied that the contractor is employing workers provided by a union which provides evidence, according to standards prescribed by the Affirmative Action Office, that its percentage of active “card carrying” members who are minority and female workers is equal to or greater than the applicable employment goal prescribed by N.J.A.C. 17:27-7.3, promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

a. If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and according to the rules promulgated by the Treasurer pursuant to P.L. 1975, c.127, as supplemented and amended from time to time. If the

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contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five days prior to the commencement of construction work, the contractor or subcontractor agrees directly to attempt to hire minority and female workers consistent with the applicable employment goal. If the contractor’s or subcontractor’s prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and female workers consistent with the applicable employment goal, the contractor or subcontractor agrees to be prepared to hire minority and female workers directly, consistent with the applicable employment goal, by complying with the hiring procedures prescribed under (B) below; and the contractor or subcontractor further agrees to immediately take said action if it determines or is so notified by the Affirmative Action Office that the union is not referring minority and female workers consistent with the applicable employment goal.

b. If the hiring of a workforce consistent with the employment goal has not or cannot be achieved for each construction trade by adhering to the procedures of (b) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions consistent with the applicable county employment goals: (1) To notify the Public Agency Compliance Officer, Affirmative Action Office, and at least one

approved minority referral organization of its manpower needs, and request referral of minority and female workers;

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

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

(4) To leave standing requests for additional referral to minority and female workers with the local construction trade union, if the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area until such time as the workforce is consistent with the employment goal;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, to assure, consistent with the applicable State and Federal statutes and court decisions, that sufficient minority and female employees remain on the site consistent with the employment goal; and to employ any minority and female workers so laid off by the contractor on any other construction site in the area on which its workforce composition is not consistent with an employment goal established pursuant to rules implementing P.L. 1975, c. 127;

(6) To adhere to the following procedure when minority and female workers apply or are referred to the contractor or subcontractor: (i) If said individuals have never previously received any document or certification signifying a

level of qualification lower than that required, the contractor or subcontractor shall determine the qualifications of such individuals and if the contractor’s or subcontractor’s workforce in each construction trade is not consistent with the applicable employment goal, it shall employ such persons which satisfy appropriate qualification standards; provided however, that a contractor or subcontractor shall determine that the individual at least possesses the skills and experience recognized by any worker’s skills and experience classification determination which may have been made by a Public Agency Compliance Officer, union, apprentice program or a referral agency, provided the referral agency is acceptable to the Affirmative Action Office and provided further, that, if necessary, the contractor or subcontractor shall hire minority and female workers who qualify as trainees pursuant to these regulations. All of the requirements of this paragraph, however, are limited by the provisions of (C) below.

(ii) If the contractor’s or subcontractor’s workforce is consistent with the applicable employment goal, the name of said female or minority group individual shall be maintained on a waiting list for the first consideration, in the event the contractor’s or subcontractor’s workforce is no longer consistent with the applicable employment goal.

(iii) If, for any reason, said contractor or subcontractor determines that a minority individual or a female is not qualified or if the individual qualifies as an advanced trainee or apprentice, the

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contractor or subcontractor shall inform the individual in writing with the reasons for the determination, maintain a copy in its files, and send a copy to the Public Agency Compliance Officer and to the Affirmative Action Office.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract and on forms made available by the Affirmative Action Office and shall be submitted promptly to that office upon request.

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

d. The contractor agrees to complete an Initial Project Manning Report on forms provided by the Affirmative Action Office or in the form prescribed by the public agency and submit a copy of said form no later than 3 days after signing a construction contract; provided, however, that the public agency may extend in a particular case the allowable time for submitting the form to no more than 14 days.

The contractor and each subcontractor must submit monthly employment and wage data to the Department via a web based application using electronic Form CC-257R. Instructions for registering and receiving the authentication code to access the web based application can be found at:

http://www.state.nj.us/transportation/business/procurement/ConstrServ/documents/NJ_StimulusReportingNotification-Contractor.pdf

Instructions on how to complete Form CC257 are provided in the web application. Submit Form CC-257R through the web based application within 10 days following the end of the reporting month.

All employment and wage data must be accurate and consistent with the certified payroll records. The contractor is responsible for ensuring that their subcontractors comply with these reporting requirements. Failure by the contractor to submit Monthly Employment Utilization Report may impact the contractor’s prequalification rating with the Department.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and off-the-job programs for outreach and training of minority and female trainees employed on the construction projects.

e. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).

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STATE ATTACHMENT NO. 2

PAYROLL REQUIREMENTS FOR 100% STATE PROJECTS

1. Each contractor and subcontractor shall furnish the Resident Engineer with payroll reports for each week of contract work. Such reports shall be submitted within 7 days of the date of payment covered thereby and shall contain the following information:

A. Each employee’s full name, address, and social security number. The employee’s full name, and social security number need only appear on the first payroll on which his name appears. The employee’s address need only be shown on the first submitted payroll on which his name appears; unless a change of address necessitates a submittal to reflect the new address.

B. Each employee’s specific work classification (s).

C. Entries indicating each employee’s basis hourly wage rate(s) and, where applicable, the overtime hourly wage rate(s). Any fringe benefits paid to the employee in cash must be indicated.

D. Each employee’s daily and weekly hours worked in each classification, including actual overtime hours worked (not adjusted).

E. Each employee’s gross wage.

F. The itemized deductions made.

G. The net wages paid.

2. Each contractor or subcontractor shall furnish a statement each week to the Resident Engineer with respect to the wages paid each of its employees engaged in contract work covered by the New Jersey Prevailing Wage Act during the preceding weekly payroll period. The statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractors who supervises the payment of wages. Contractors and subcontractors must use the certification set forth on New Jersey Department of Transportation Form FA-7 “Statement of Compliance,” or the same certification set forth on (1) U.S. Department of Labor Form WH-348, (2) the reverse side of U. S. Department of Labor Form WH-347, or (3) any form with identical wording.

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STATE ATTACHMENT NO. 3

AMERICANS WITH DISABILITIES ACT 100% STATE FUNDED CONTRACTS

Equal Opportunity For Individuals With Disabilities.

The CONTRACTOR and the STATE do hereby agree that the provisions of Title II of the American With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. Section 12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the STATE pursuant to this contract, the CONTRACTOR, agrees that the performance shall be in strict compliance with the Act. In the event that the CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the CONTRACTOR shall defend the STATE in any action or administrative proceeding commenced pursuant to this Act. The CONTRACTOR shall indemnify, protect, and save harmless the STATE, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for legal services and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the STATE’S grievance procedure, the CONTRACTOR agrees to abide by any decision of the STATE which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the STATE or if the STATE incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.

The STATE shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the STATE or any of its agents, servants, and employees, the STATE shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the STATE or is representatives.

It is expressly agreed and understood that any approval by the STATE of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the STATE pursuant to this paragraph.

It is further agreed and understood that the STATE assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR’S obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude the STATE from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.

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STATE ATTACHMENT NO. 4

EQUAL EMPLOYMENT OPPORTUNITY SPECIAL PROVISIONS CONSTRUCTION CONTRACTS FUNDED BY WHOLLY STATE FUNDS

I. GENERAL

The Contractor is required to implement and maintain a specific Affirmative Action Compliance Program of Equal Employment Opportunity in support of the New Jersey “Law Against Discrimination”, P.L. 1975, c. 127, N.J.S.A. 10:5-31, and according to the Affirmative Action Regulations set forth at N.J.A.C. 17:27-1.1 et seq.

Noncompliance by the Contractor with the requirements of the Affirmative Action program for Equal Employment Opportunity may be cause for delaying or withholding monthly and final payments pending corrective and appropriate measures by the Contractor to the satisfaction of the Department.

The Contractor will cooperate with the state agencies in carrying out its Equal Employment Opportunity obligations and in their review of its activities under the contract.

The Contractor and all its subcontractors, not including material suppliers, holding subcontracts of $2,500 or more, will comply with the following minimum specific requirement activities of Equal Opportunity and Affirmative Action set forth in these special provisions. The Contractor will include these requirements in every subcontract of $2,500 or more with such modification of language in the provisions of such contracts as is necessary to make them binding on the subcontractor.

II. EQUAL EMPLOYMENT OPPORTUNITY POLICY

The Contractor agrees that it will accept and implement during the performance of this contract as its operating policy the following statement which is designed to further the provision of Equal Employment Opportunity to all persons without regard to their race, color, religion, sex, age, creed, ancestry, marital status, or national origin, and to promote the full realization of Equal Employment Opportunity through a positive continuing program:

It is the policy of this company that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, creed, ancestry, martial status or national origin and that it will take Affirmative Action to ensure that applicants are recruited and employed and that employees are treated during employment without regard to their race, color, religion, sex, age, creed, ancestry, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training.

III. EQUAL EMPLOYMENT OPPORTUNITY OFFICER

The Contractor will designate and make known to the Department contracting officers an Equal Employment Opportunity Officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of Equal Employment Opportunity and who must be assigned adequate authority and responsibility to do so.

IV. DISSEMINATION OF POLICY

A. All members of the Contractor’s staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, will be made fully cognizant of, and will implement, the Contractor’s Equal Employment Opportunity Policy and contractual responsibilities to provide Equal Employment Opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

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1. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every 6 months, at which time the Contractor’s Equal Employment Opportunity Policy and its implementation will be reviewed and explained. The EEO Officer or other knowledgeable company official will conduct the meetings.

2. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official covering all major aspects of the Contractor’s Equal Employment Opportunity obligations within 30 days following their reporting for duty with the Contractor.

3. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor’s Procedures for locating and hiring minority group employees.

B. In order to make the Contractor’s Equal Employment Opportunity Policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions:

1. Notices and posters setting forth in the Contractor’s Equal Employment Opportunity policy, as set forth in Section 2 of these Equal Employment Opportunity Special Provisions will be placed in conspicuous places readily accessible to employees, applicants for employment and potential employees.

2. The Contractor’s Equal Employment Opportunity Policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

V. RECRUITMENT

A. In all solicitations and advertisements for employees placed by or on behalf of the Contractor, the Contractor will state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, creed, ancestry, martial status or national origin. All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived.

B. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, state employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration.

C. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor’s compliance with Equal Employment Opportunity contract provisions. (The US Department of Labor has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same; such implementation violates Executive Order 11246, as amended).

D. In the event that the process of referrals established by such a bargaining agreement fails to provide the Contractor with a sufficient number of minority referrals within the time period set forth in such an agreement, the Contractor shall comply with the provisions of “Section 9 Unions” of the EEO Special Provisions.

VI. ESTABLISHMENT OF GOALS FOR CONSTRUCTION CONTRACTORS

A. The New Jersey Department of Transportation has established, pursuant to N.J.A.C. 17:27-7.3, the minority and female goals for each construction contractor and subcontractor based on availability statistics as reported by the New Jersey Department of Labor, Division of Planning and Research, in its report, EEO Tabulation - Detailed Occupations as follows:

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MINORITY AND FEMALE EMPLOYMENT GOAL OBLIGATIONS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS

COUNTY MINORITY % PERCENTAGE

FEMALE % PERCENTAGE

Atlantic 20 6.9 Bergen 10 6.9 Burlington 16 6.9 Camden 16 6.9 Cape May 8 6.9 Cumberland 21 6.9 Essex 42 6.9 Gloucester 10 6.9 Hudson 38 6.9 Hunterdon 5 6.9 Mercer 19 6.9 Middlesex 16 6.9 Monmouth 11 6.9 Morris 7 6.9 Ocean 6 6.9 Passaic 24 6.9 Salem 15 6.9 Somerset 8 6.9 Sussex 5 6.9 Union 24 6.9 Warren 5 6.9

The Affirmative Action Office has interpreted Section 7.3 of the State of New Jersey Affirmative Action Regulations as applicable to work hour goals for minority and female participation.

If a project is located in more than one county, the minority work hour goal will be determined by the county which serves as the primary source of hiring or, if workers are obtained equally from one or more counties, the single minority goal shall be the average of the individual goal for the affected counties.

B. The State Affirmative Action office may designate a regional goal for minority membership for a union that has regional jurisdiction. No regional goals shall apply to this project unless specifically designated elsewhere herein.

C. When hiring workers in the construction trade, the Contractor and/or subcontractor agree to attempt, in good faith, to employ minority workers in each construction trade, consistent with the applicable county or, in special cases, regional goals.

D. It is understood that the goals are not quotas. If the Contractor or subcontractor has attempted, in good faith, to satisfy the applicable goals, he will have complied with his obligations under these EEO Special Provisions. It is further understood that if the Contractor shall fail to attain the goals applicable to this project, it will be the Contractor’s obligation to establish to the satisfaction of the Department of Transportation that it has made a good faith effort to satisfy such goals. The Contractor or subcontractor agrees that a good faith effort to achieve the goals set forth in these special provisions shall include compliance with the following procedures:

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1. Requests shall be made by the Contractor or subcontractor to each union or collective bargaining unit with which the Contractor or subcontractor has a referral agreement or arrangement for the referral of minority workers to fill job openings. Requests shall also be made for assurances for the referral of minority workers to fill job openings. Requests shall also be made for assurances from such unions or collective bargaining units that they will cooperate with the Contractor or subcontractor in fulfilling the Affirmative Action obligations of the Contractor or subcontractor under this contract. Such requests shall be made prior to the commencement of construction under the contract.

2. The contractor and its subcontractors shall comply with Section 9, Unions of these EEO Special Provisions and, in particular, with Section 9, Paragraph D, if the referral process established in any collective bargaining arrangement is failing to provide the Contractor or subcontractor with a sufficient number of minority referrals.

3. The Contractor and its subcontractors shall notify the Department’s Compliance Officer, the Affirmative Action Office of the Department of Treasury and at least one approved minority referral organization of the Contractor’s or subcontractors manpower needs and of the Contractor’s or subcontractor’s desire for assistance in attaining the goals set forth herein. The notifications should include a request for referral of minority and female workers.

4. The Contractor and its subcontractors shall notify the Department’s Compliance Officer and the Affirmative Action Office of the Department of Treasury in the event that a union or collective bargaining unit is not making sufficient minority referrals to enable the Contractor or subcontractor to attain the work goals for the Project.

5. The Contractor and its subcontractors shall make standing requests to all local construction unions, the state training and employment service and other approved referral sources for additional referrals of minority and female workers until such time as the project work force is consistent with the work hour goals for the project.

6. The Contractor and its subcontractors shall make standing requests to all local construction unions, the state training and employment service and other approved referral sources for additional referrals of minority and female workers until such time as the project work force is consistent with the work hour goals for the project.

7. In the event that it is necessary to lay off some of the workers in a given trade on the construction site, the Contractor and its subcontractors shall ensure that fair layoff practices are followed regarding minority, female and other workers.

8. The Contractor and its subcontractors shall comply with the other requirements of these EEO Special Provisions.

VII. PERSONNEL ACTIONS

Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, age, creed, ancestry, marital status or national origin. The following procedures shall be followed:

A. The Contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

B. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

C. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

D. The Contractor will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such

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complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal.

VIII. TRAINING AND PROMOTION

The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment.

Consistent with the Contractor’s work force requirements and as permissible under State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs, for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training.

The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion.

IX. UNIONS

If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or through a Contractor’s association acting, as agent will include the procedures set forth below:

A. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers’ representative of the Contractor’s commitments under both the law against discrimination and this contract and shall post copies of the notice in conspicuous places readily accessible to employees and applicants for employment. Further, the notice will request assurance from the union or worker’s representative that such union or worker’s representative will cooperate with the Contractor in complying with the Contractor’s Equal Employment Opportunity and Affirmative Action obligations.

B. The Contractor will use their best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment.

C. The Contractor will use their best efforts to incorporate an Equal Employment Opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin.

D. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the Department and shall set forth what efforts have been made to obtain such information.

E. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The US Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees). In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these Special Provisions, such Contractor shall immediately notify the Department.

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X. SUBCONTRACTING

A. The Contractor will use his best efforts to solicit bids from and to utilize minority group and female subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors may use lists of minority owned and female owned construction firms as issued by the Department.

B. The Contractor will use his best efforts to ensure subcontractor compliance with their Equal Employment Opportunity obligations.

XI. RECORDS AND REPORTS

A. The Contactor will keep such records as are necessary to determine compliance with the Contractor’s Equal Employment Opportunity obligations. The records kept by the Contractor will be designed to indicate:

1. The work hours of minority and non-minority group members and women employed in each work classification on the project.

2. The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to Contractors who rely in whole or in part on unions as a source of their work force).

3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and

4. The progress and efforts being made in securing the services of minority group and female subcontractors or subcontractors with meaningful minority and female representation among their employees.

B. All such records must be retained for a period of 3 years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the Department.

C. The Contractor shall submit monthly reports to the Department after construction begins for the duration of the project, indicating the work hours of minority, women, and non minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on a form supplied by the Department.

XII SPECIAL CONTRACT PROVISIONS FOR INVESTIGATING, REPORTING AND RESOLVING EMPLOYMENT DISCRIMINATION AND SEXUAL HARASSMENT COMPLAINTS

The Contractor hereby agrees to the following requirements in order to implement fully the nondiscrimination provisions of the Supplemental Specifications:

The Contractor agrees that in instances when it receives from any person working on the project site a verbal or written complaint of employment discrimination, prohibited under N.J.S.A. 10:5-1 et seq. 10:2-1 et seq., 42 U.S.C. 2000 (d) et seq., 42 U.S.C. 2000(e) et seq. And Executive Order 11246, it shall take the following actions:

1. Within one (1) working day commence an investigation of the complaint, which will include but not be limited to interviewing the complaint, the respondent, and all possible witnesses to the alleged act or acts of discrimination or sexual harassment.

2. Prepare and keep for its use and file a detailed written investigation report which includes the following information:

a) Investigatory activities and findings.

b) Dates and parties involved and activities involved in resolving the complaint.

c) Resolution and corrective action taken if discrimination or sexual harassment is found to have taken place.

d) A signed copy of resolution of complaint by complainant and contractor.

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In addition to keeping in its files the above-noted detailed written investigative report, the contractor shall keep for possible future review by the Department all other records, including, but not limited to, interview memos and statements.

3. Upon the request of the Department provides to the Department within ten (10) calendar days a copy of its detailed written investigative report and all other records on the complaint investigation and resolution.

4. Take appropriate disciplinary actions against any contractor employee, official or agent who has committed acts of discrimination or sexual harassment against any contractor employee or person working on the project. If the person committing the discrimination is a subcontractor employee, then the contractor is required to attempt to effectuate corrective and/or disciplinary action by the subcontractor in order to establish compliance with project’s contract requirements.

5. Take appropriate disciplinary action against any contractor employee, official or agent who retaliates, coerces or intimidates any complainant and/or person who provides information or assistance to any instigation of complaints of discrimination or sexual harassment. If the person retaliating, coercing or intimidating a complainant or other person assisting in an investigation is a subcontractor’s employee, then the contractor is required to attempt to effectuate corrective and/or disciplinary action taken by the subcontractor in order to establish compliance with the project’s contract requirements.

6. Ensure to the maximum extent possible that the privacy interests of all persons who give confidential information in aid of the contractor’s employment discrimination investigation are protected.

7. In conjunction with the above requirements, the contractor herein agrees to develop and post a written sexual harassment policy for its workforce.

8. The contractor also agrees that its failure to comply with the above requirements may be cause for the New Jersey Department of Transportation to institute against the contractor any and all enforcement proceedings and/or sanctions authorized by the contract or by state and/or federal law.

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STATE ATTACHMENT NO. 5

SMALL BUSINESS ENTERPRISE UTILIZATION ATTACHMENT 100% STATE-FUNDED CONTRACTS

I. UTILIZATION OF SMALL BUSINESS ENTERPRISE (SBE) BUSINESSES AS CONTRACTORS, MATERIAL SUPPLIERS AND EQUIPMENT LESSORS.

The New Jersey Department of Transportation advises each contractor or subcontractor that failure to carry out the requirements set forth in this attachment shall constitute a breach of contract and, after notification to the applicable State agency, may result in termination of the agreement or contract by the Department or such remedy as the Department deems appropriate. Requirements set forth in this section shall also be included in all subcontract agreements in accordance with State of New Jersey requirements.

II. POLICY

It is the policy of the New Jersey Department of Transportation that Small Business Enterprises, as defined in N.J.A.C. 12A: 10A-1.2 et seq., and N.J.A.C. 17:14-1.2 et seq., shall have the maximum opportunity to participate in the performance of contracts financed wholly with 100% state funds.

III. CONTRACTOR’S SMALL BUSINESS OBLIGATION

The New Jersey Department of Transportation and its Contractor agree to ensure that Small Business Enterprises (SBE), as defined in N.J.A.C. 12A: 10A-1.2 et seq., and N.J.A.C. 17:14-1.2 et seq., have maximum opportunity to participate in the performance of contracts and subcontracts financed wholly with 100% state funds. In this regard, the New Jersey Department of Transportation and all Contractors shall take all necessary and reasonable steps to ensure that Small Business Enterprises are utilized on, compete for, and perform on NJDOT construction contracts. The New Jersey Department of Transportation and its Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of State-funded contracts.

IV. COMPLIANCE

To signify and affirm compliance with the provisions of this attachment, the bidder shall complete the Schedule of Small Business Participation “Form A” included in the Proposal and all forms and documents required in Sections VII and VIII of these provisions which will be made a part of the resulting contract.

V. SMALL BUSINESS GOALS FOR THIS PROJECT

NOTE: SUBCONTRACTING GOALS ARE NOT APPLICABLE IF THE PRIME CONTRACTOR IS A REGISTERED SMALL BUSINESS ENTERPRISE (SBE) FIRM.

A. This project includes a goal of awarding % percent of the total contract value to subcontractors qualifying as SMALL BUSINESSES in amounts as follows:

1. %to businesses registered in the category of gross revenues that do not exceed $1 million; and

2. % to businesses registered in the category of having gross revenues exceeding $1 million consistent with the applicable annual revenue standards established at 13 C.F.R. 121.201; and

3. 15 % to businesses in either category

B. Only Small Business Enterprises registered prior to the date of bid, or prospective Small Business Enterprises that have submitted to the New Jersey Commerce and Economic Growth Commission on or before the day of bid, a completed “State of New Jersey Small Business Vendor Registration Form” and all the required support documentation, will be considered in determining whether the

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contractor has met the established goals for the project. Early submission of required documentation is encouraged.

C. If a prospective Small Business Enterprise fails to meet the eligibility standards for participation the department’s Small Business Program, the contractor shall, prior to the award, 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.

D. 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.

E. A directory of registered Small Businesses Enterprise firms is available upon request to the New Jersey Commerce and Growth Commission or the New Jersey Department of Transportation, Division of Civil Rights/Affirmative Action. The directory is to be used as a source of information only and does not relieve the Contractor of their responsibility to seek out Small Businesses Enterprises not listed.

VI. COUNTING SMALL BUSINESS ENTERPRISE PARTICIPATION

A. Each Small Business Enterprise (SBE) is subject to a registration procedure to ensure their SBE eligibility prior to the award of contract. In order to facilitate this process, it is advisable for the bidder to furnish the names of proposed SBEs to the Department before bid opening. Once a firm is determined to be a bona fide SBE by the New Jersey Commerce and Growth Commission, the total dollar value of the contract awarded to the SBE is counted toward the applicable goal.

B. The Contractor may count toward its SBE goal only expenditures to SBEs that perform a commercially useful function in the work of a contract. A SBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out its responsibility by actually performing, managing and supervising the work involved. To determine whether a SBE is performing a commercially useful function, the Contractor shall evaluate the amount of work subcontracted, industry practice and other relevant factors.

C. If an SBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the SBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function.

D. If a Contractor is part of a Joint Venture and one or more of the Sole Proprietorships, Partnerships, Limited Liability companies or Corporations comprising the Joint Venture is a registered SBE, the actual payments made to the Joint Venture for work performed by the SBE member, will be applied toward the goal. Payments made to the Joint Venture for work performed by a non-small business firm will not be applied toward the applicable goal.

E. If the Contractor is a registered SBE, payments made to the Contractor for work performed by the Contractor will be applied toward the SBE goal. Payments made to the Contractor for work performed by non-SBE’s will not be applied toward the goal.

F. When a SBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted towards the SBE goals only if the SBE’s subcontractor is also a SBE. Work that a SBE subcontracts to a non-SBE firm does not count toward the assigned goal.

VII. SUBMISSION OF CONTRACTOR’S AFFIRMATIVE ACTION PLANS

A. Contractors are required to submit annually on their due date, their firm’s Affirmative Action Program to the Division of Civil Rights/Affirmative Action. Contractors must have an approved Affirmative Action Program in the Division of Civil Rights/Affirmative Action no later than seven (7) State business days after receipt of bids. No recommendations to award will be made without an approved Affirmative Action Program on file in the Division of Civil Rights/Affirmative Action.

B. The Annual Affirmative Action Program will include, but is not limited to the following:

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1. The name of the company’s Liaison Officer who will administer the Small Business Enterprise Program.

2. An explanation of the affirmative action methods used in seeking out and considering Small Business Enterprises as subcontractors, material suppliers or equipment lessors.

3. An explanation of affirmative action methods which will be used in seeking out future Small Business Enterprises as subcontractors, material suppliers or equipment lessors after the award of the contract and for the duration of said project.

C. The following shall be submitted either with the bid or to the Division of Civil Rights/Affirmative Action no later than seven (7) state business days after the receipt of bids.

1. SBE “FORM A” - Schedule of SBE Participation. The Contractor shall list all SBEs that will participate in the contract including scope of work, actual dollar amount and percent of total contract to be performed. This form should be submitted only if the goal level established for the contract have been met or exceeded;

Note: If a change occurs to the Contractor’s original Form A submission which was previously approved by the Division of Civil Rights/Affirmative Action, a Revised Form A must be submitted naming the replacement Small Business Enterprise subcontractors. A written explanation should be included with the submission of the revised Form A.

2. Request for Exemption - In the event the Contractor is unable to meet the specified goal level, that Contractor must submit a written request for a partial or full exemption from the SBE goal. This request shall include the names of all SBE firms that the contractor will utilize on the contract and shall describe the specific work to be performed by each SBE together with the actual dollar amount of that work. Additionally, this request must address the Contractor’s efforts to make Reasonable Outreach Efforts as enumerated in Section VIII.

3. SBE “FORM B” - Affidavit of Small Business Enterprise. Each proposed SBE not listed in the NJ Commerce and Economic Growth Commission Directory must submit “Form B” attesting to its validity as an SBE. (All firms must be registered by the Commission prior to award of the contract.)

4. Additional Information - The Department in its sole discretion may request additional information from the Contractor prior to award of the contract in order to evaluate the Contractor’s compliance with the SBE requirements of the bid proposal. Such information must be provided within the time limits established by the department. The Contractor shall, prior to the award of the contract, submit a completed SBE “Form A”, even if it has been granted an exemption from the SBE goal.

VIII. REASONABLE OUTREACH EFFORTS

If a Contractor fails to meet the goal for Small Business Enterprise participation, the Contractor shall document its reasonable outreach efforts to meet the SBE goal. Reasonable outreach shall include, but not be limited to the following:

A. Attendance at a pre-bid meeting, if any, scheduled by the Department to inform SBE’s of subcontracting opportunities under a given solicitation.

B. Advertisement in general circulation media, trade association publications, and small business enterprise-focus media for at least 20 days before bids are due. If 20 days are not available, publication for a shorter reasonable time is acceptable.

C. Written notification to SBE’s that their interest in the contract is solicited;

D. Efforts made to select portions of the work proposed to be performed by SBEs in order to increase the likelihood of achieving the stated goal;

E. Efforts made to negotiate with SBE’s for specific sub-bids including at a minimum

1. The names, addresses and telephone numbers of SBE’s that were contacted;

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2. A description of the information provided to SBE’s regarding the plans and specifications for portions of the work to be performed; and

3. A statement of why additional agreements with SBE’s were not reached;

F. Information regarding each SBE the bidder contacted and rejected as unqualified and the reasons for the bidder’s conclusion;

G. Efforts made to assist the SBE in obtaining bonding or insurance required by the Bidder or the Department.

IX. ADMINISTRATIVE RECONSIDERATION

A. If the Division of Civil Rights/Affirmative Action determines that the apparent successful bidder has failed to make reasonable outreach efforts to meet the requirements of this section, the Department must, before awarding the contract, provide the bidder an opportunity for administrative reconsideration.

B. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. NJDOT will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the SBE goal or make an adequate good faith effort to do so.

C. Within seven (7) State business days of being informed by the Division of Civil Rights/Affirmative Action that it is not a responsible bidder because it has not made or documented sufficient outreach efforts to SBEs, a bidder may make a request in writing to the Director, Division of Procurement, PO Box 605, Trenton, New Jersey, 08625-0605; Telephone (609) 530-6355. The Director, Division of Procurement, does not participate in the initial determination of whether reasonable outreach was performed by the Contractor.

X. RESPONSIBILITY AFTER AWARD OF THE CONTRACT

If at any time following the award of contract, the Contractor intends to sublet any portion(s) of the work under said contract, or intends to purchase material or lease equipment not contemplated during preparation of bids, said Contractor shall take affirmative action:

A. To notify the Resident Engineer, in writing, of the type and approximate value of the Contractor intends to accomplish by such subcontract, purchase order or lease.

B. To signify and affirm compliance with the provisions of this Section, the Contractor shall submit the Post-Award SBE Certification Form to the Regional Supervising Engineer with his application to sublet or prior to purchasing material or leasing equipment. Post Award SBE forms may be obtained from the Resident Engineer.

C. To give small business enterprise firms equal consideration with non-small business firms in negotiation for any subcontracts, purchase orders or leases.

XI. CONSENT BY DEPARTMENT TO SUBLETTING

A. The Department will not approve any subcontracts proposed by the Contractor unless and until said contractor has complied with the terms of this SBE Utilization Attachment.

B. The Contractor shall provide the Resident Engineer with a listing of firms, organizations or enterprises to be used as subcontractors on the proposed project. Such listing shall clearly delineate which firms are classified as SBEs.

C. Notification of a subcontractor’s termination shall be sent to the Department by the Contractor through the Resident Engineer.

XII. CONCILIATION

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In cases of alleged discrimination regarding these and all equal employment opportunity provisions and guidelines, investigations and conciliation will be undertaken by the Division of Civil Rights/Affirmative Action, New Jersey Department of Transportation.

XIII. DOCUMENTATION

A. Records and Reports

The Contractor shall keep such records as are necessary to determine compliance with its Small Business Enterprise Utilization obligations. The records kept by the Contractor will be designed to indicate:

1. The names of the small business enterprise subcontractors, equipment lessors and material suppliers contacted for work on this project.

2. The type of work to be done, materials to be utilized or services to be performed other than by the prime contractor on the project.

3. The actual dollar amount of work awarded to SBE’s.

4. The progress and efforts being made in seeking out and utilizing Small Business Enterprise firms. This would include solicitations, quotes and bids regarding project work items, supplies, leases, etc.

5. Documentation of all correspondence, contacts, telephone calls, etc, to obtain the services of Small Business Enterprise firms on this project.

B. The contractor shall submit reports, as required by the Department, on those contracts and other business transactions executed with Small Business Enterprise firms in such form and manner as may be prescribed by the Department.

C. All such records must be maintained for a period of three (3) years following acceptance of final payment and will be available for inspection by the Department.

XIV. PAYMENT TO SUBCONTRACTORS

The Contractor agrees to pay its subcontractors in accordance with the Specifications.

XV. SANCTIONS

Failure of a Contractor to comply with these provisions may result in bid rejection, reduced classification, suspension, debarment, or the institution of other appropriate action by the New Jersey Department of Transportation.