Toms River Parking Deck Repair Contract Bid Documents

TOWNSHIP OF TOMS RIVER
33 Washington Street, P.O. Box 728

Toms River, NJ 08754
732-341-1000
Fax 732-341-0828
STANDARD CONTRACT DOCUMENTS AND

SPECIFICATIONS FOR:
PARKING GARAGE REPAIR PLANS FOR

TOWNSHIP MUNICIPAL PARKING GARAGE

OCEAN COUNTY
Prepared by: Governing Body:
ROBERT J. CHANKALIAN, PE, CME MAYOR MAURICE B. HILL, JR.

TOWNSHIP ENGINEER KEVIN GEOGHEGAN
TOWNSHIP OF TOMS RIVER DAVID CICCOZZI
33 WASHINGTON STREET JOSHUA KOPP
TOMS RIVER, NJ 08753 MATTHEW LOTANO
JUSTIN LAMB
(732) 341-1000 DANIEL RODRICK
(732) 341-0828 (fax) JAMES QUINLISK
Digitally signed by
Robert J.
Date: Tuesday, December 12, 2023 Chankalian, PE, CME
Date: 2023.12.12
______________________________________
14:07:50PE,
ROBERT J. CHANKALIAN, -05'00'
CME
Bidder’s Name ______________________________________________

Address: ___________________________________________________
___________________________________________________
Phone: ___________________
Fax: ___________________
E-mail ___________________
TABLE OF CONTENTS
IB - INSTRUCTION TO BIDDERS ............................................................................................ 1

Examination ............................................................................................................................................................................ 2
Questions ................................................................................................................................................................................ 2
Omissions and Discrepancies ........................................................................................................................................... 2
Qualifications of Bidders .................................................................................................................................................... 2
Comparison of Bids .............................................................................................................................................................. 2
Bid Submission ..................................................................................................................................................................... 2
Bidder's Warranty ................................................................................................................................................................. 3
Bids ........................................................................................................................................................................................... 3
Informal Bids .......................................................................................................................................................................... 3
Withdrawal of Bids ................................................................................................................................................................ 3
Withdrawal of Bids – Mistakes .......................................................................................................................................... 4
Obligation of Bidders ........................................................................................................................................................... 4
Bidder Responsibility........................................................................................................................................................... 5
Lowest Qualified Bidder ...................................................................................................................................................... 5
Bid Security/Bid Deposit ..................................................................................................................................................... 5
Consent of Surety ................................................................................................................................................................. 6
Right to Reject Bids .............................................................................................................................................................. 6
Bonds ....................................................................................................................................................................................... 7
Execution of Contract .......................................................................................................................................................... 7
Damages .................................................................................................................................................................................. 7
Insurance Certificates .......................................................................................................................................................... 7
Subcontractors ...................................................................................................................................................................... 7
Power of Attorney ................................................................................................................................................................. 8
Non-Collusion Affidavit ....................................................................................................................................................... 8

Conditions of Work ............................................................................................................................................................... 8
Materials .................................................................................................................................................................................. 8
Time for Completion ............................................................................................................................................................. 8
Phasing of Work .................................................................................................................................................................... 8
Substitution ............................................................................................................................................................................ 8
Liquidated Damages............................................................................................................................................................. 9
Information Not Guaranteed ............................................................................................................................................... 9
Sales and Use Taxes ............................................................................................................................................................ 9
Process of Resolution for Construction Contract Disputes .................................................................................... 10
Law Against Discrimination ............................................................................................................................................. 10
Compliance with New Jersey P.L. 1977 Chapter 33 N.J.S.A. 52:25-24.2............................................................... 11
Russia-Belarus and Iran Prohibition .............................................................................................................................. 11
Annual Political Contribution Disclosure Requirement ............................................................................................ 11
Federally Funded Contracts ............................................................................................................................................. 11
Federal Non-Debarment Certification ............................................................................................................................ 13
NJSA 40A:11-16.7 Changes, Changed Conditions, Change Orders ...................................................................... 13
BD - BID DOCUMENTS ............................................................................................................ 1

BID DOCUMENT SUBMISSION CHECKLIST .................................................................................................................. 3
IMPORTANT BIDDER INFORMATION RE: BID BONDS ............................................................................................... 4
BID SUBMISSION NOTICE .................................................................................................................................................. 5
CONSTRUCTION CONTRACTS .............................................................................................. 9

SAMPLE PROPOSAL: ........................................................................................................................................................ 12
AGREEMENT ........................................................................................................................................................................ 14
CONTRACTOR'S AFFIDAVIT ............................................................................................................................................ 20
MAINTENANCE BOND ....................................................................................................................................................... 24
CONTRACTOR'S RELEASE .............................................................................................................................................. 27
NOTICE OF AWARD ........................................................................................................................................................... 29
NOTICE TO PROCEED ....................................................................................................................................................... 30

GC - GENERAL CONDITIONS ................................................................................................. 1
1. General ............................................................................................................................................................................ 2
2. Definitions ...................................................................................................................................................................... 2
3. Project Administration ................................................................................................................................................ 4

3.1 Preconstruction Conference ................................................................................................................................. 4
3.2 Project Meetings .................................................................................................................................................... 4
3.3 Job Site Administration ......................................................................................................................................... 5
3.4 Notice to Proceed .................................................................................................................................................. 5
3.5 Schedules ............................................................................................................................................................... 5
4. Correlation and Intent of Contract Documents .................................................................................................... 5

4.1 Intent ........................................................................................................................................................................ 5
4.2 Correlation of Documents ..................................................................................................................................... 6
4.3 Application of Special Requirements .................................................................................................................. 6
4.4 Discrepancies, Errors and Omissions ................................................................................................................. 6
4.5 Additional Instructions and Detailed Drawings .................................................................................................. 7
4.6 Compliance with Laws .......................................................................................................................................... 7
4.7 Provisions Required by Law Deemed Inserted ................................................................................................. 8
5. Responsibilities and Obligations of Contractor ................................................................................................... 8

5.1 General .................................................................................................................................................................... 8
5.2 Subcontracting ....................................................................................................................................................... 8
5.3 Protection of Work and Property ......................................................................................................................... 9
5.4 Utilities - Notification and Mark Out ..................................................................................................................... 9
5.5 Waste Materials Disposal ................................................................................................................................... 10
5.6 Indemnity ............................................................................................................................................................... 11
5.7 Non-Interference With and Protection of Public .............................................................................................. 11
5.8 Supervision of Work ............................................................................................................................................ 11
5.9 Assignment ........................................................................................................................................................... 11
5.10 Labor Provisions .................................................................................................................................................. 12
5.11 Wage Rates .......................................................................................................................................................... 12
5.12 Employ Sufficient Labor and Equipment .......................................................................................................... 12
5.13 Access to Work .................................................................................................................................................... 12
5.14 Examination of the Work ..................................................................................................................................... 12
5.15 Unacceptable Work ............................................................................................................................................. 13
5.16 Mistakes of the Contractor.................................................................................................................................. 13
5.17 Facilities and Utilities ........................................................................................................................................... 13
5.18 Prices for Work ..................................................................................................................................................... 13
5.19 Suspension of Work ............................................................................................................................................ 13
5.20 Delays and Extension of Time ........................................................................................................................... 14
5.21 Emergency Services to Correct Hazardous Conditions ................................................................................. 14
5.22 Private and Public Property ................................................................................................................................ 14
5.24 Construction Layout............................................................................................................................................. 16
5.25 Daily Reports ........................................................................................................................................................ 17
5.26 Samples ................................................................................................................................................................ 17
5.27 Notarized Certification of Compliance .............................................................................................................. 17
5.28 Shop Drawings ..................................................................................................................................................... 18
5.29 Dimensioning Responsibilities ........................................................................................................................... 19
5.30 Environmental Protection.................................................................................................................................... 19
5.31 Environmental Protection.................................................................................................................................... 19
5.32 Progress Videos ................................................................................................................................................... 23
6. Responsibilities and Obligations of the Owner .................................................................................................. 23

6.1 Land of Owner, Use of by Contractor ............................................................................................................... 23
6.2 Owner's Right to Take Over the Work .............................................................................................................. 23
6.3 Right of Occupancy ............................................................................................................................................. 24
6.4 Permits .................................................................................................................................................................. 24
7. Authority of the Engineer ..................................................................................................................................... 24

7.1 Engineer's Status During Construction ............................................................................................................. 24
7.2 Engineer's Interpretations and Decisions ......................................................................................................... 25
8. Conduct of the Work.................................................................................................................................................. 25

8.1 Negotiations of Contract Amendments, Change Orders and Extra Work. ................................................ 25
8.2 Extension of Time ................................................................................................................................................ 28
8.3 Changes not to Affect Bonds ............................................................................................................................. 28
8.4 Claims for Extra Cost .......................................................................................................................................... 28
8.6. Work to Conform .................................................................................................................................................. 29
9. Payments ...................................................................................................................................................................... 29
9.1 Unit price items and unit price contracts: ................................................................................................................ 29
9.2 Lump sum items and lump sum contracts: ............................................................................................................. 29
9.3 Progress Estimates and Payments ................................................................................................................... 29
9.4 Payments Withheld .............................................................................................................................................. 30
9.5 Measurement of Quantities ................................................................................................................................ 30
9.6 Final Completion and Final Payment ................................................................................................................ 30
9.7 Liens ...................................................................................................................................................................... 31
9.8. Acceptance of Final Payment Constitutes Release ........................................................................................ 31
10. Miscellaneous ......................................................................................................................................................... 31

10.1 Notice of Service Thereof ................................................................................................................................... 31
10.2 Taxes ..................................................................................................................................................................... 31
10.3 Guarantee ............................................................................................................................................................. 31
10.4 Barricades and Guiderails .................................................................................................................................... 32
10.5 Transportation and Handling ............................................................................................................................... 32
10.6 Storage and Protection......................................................................................................................................... 32
10.7 Cleaning ................................................................................................................................................................. 33
10.8 Final Inspection ..................................................................................................................................................... 33
10.9 Waivers .................................................................................................................................................................. 33
10.10 Patents .............................................................................................................................................................. 33
10.11 Contract Documents ....................................................................................................................................... 34
10.12 Contractor's Warranty of Title ........................................................................................................................ 34
10.13 Prevailing Wage Rates ..................................................................................................................................... 34
SC - SPECIAL CONDITIONS ................................................................................................... 1

Environmental Control......................................................................................................................................................... 2
Construction Controls ......................................................................................................................................................... 2
Permits ..................................................................................................................................................................................... 3
Traffic Maintenance & Payment ........................................................................................................................................ 4
Condition of the Site............................................................................................................................................................. 4
Conduct of the Work and Temporary Work.................................................................................................................... 4
Disposal of Construction Debris ....................................................................................................................................... 5

Disposal of Excess Excavated Material .......................................................................................................................... 5
Adjustments in Bid Quantities ........................................................................................................................................... 5
Specifications ........................................................................................................................................................................ 5
Maintenance of Existing Stormwater Flow ..................................................................................................................... 5
Existing Driveways, Fences and Shrubs ........................................................................................................................ 5
Existing Utility Pole Relocation or Support.................................................................................................................... 6
Contract Quantities ................................................................................................................................................................ 6
Utilities...................................................................................................................................................................................... 6
Emergency Road Closure .................................................................................................................................................... 6
Utility Relocations .................................................................................................................................................................. 7
Township of Toms River Payment Policy ......................................................................................................................... 7
Inlet Casting Type .................................................................................................................................................................. 7
American Goods.................................................................................................................................................................... 7
UF - UNDERGROUND FACILITY PROTECTION ACT ............................................................ 1
ADA - AMERICANS WITH DISABILITIES ACT ....................................................................... 1
SPEC - STANDARD SPECIFICATIONS .................................................................................. 1

SECTION 02764 - PAVEMENT JOINT SEALANTS ......................................................................................................... 2
SECTION 03300 CAST-IN-PLACE CONCRETE ............................................................................................................... 5
SECTION 03730 - CONCRETE SPALL REPAIRS ........................................................................................................... 17
SECTION 03734 - STRUCTURAL CONCRETE CRACK REPAIRS .............................................................................. 22
SECTION 05120-STRUCTURAL STEEL FRAMING ...................................................................................................... 26
SECTION 061000 - ROUGH CARPENTRY ..................................................................................................................... 33
SECTION 07180 – TRAFFIC COATINGS ........................................................................................................................ 38
SECTION 07900 – EXPANSION JOINT ........................................................................................................................... 41
SECTION 09900 - PAINTING ........................................................................................................................................... 44
IB - INSTRUCTION TO BIDDERS
Instructions to Bidders
PARKING GARAGE REPAIR PLANS FOR TOWNSHIP MUNICIPAL PARKING GARAGE
Township of Toms River IB 1

INSTRUCTIONS TO BIDDERS
Examination
Bidders must examine the Contract Documents that form the Contract, become thoroughly familiar
with the plans and specifications, must visit the location of the work and inform themselves of the
conditions and make their own estimate of the facilities and difficulties attending the execution of the
work.
Questions
No oral interpretation shall be made to any Bidder as to the meaning of any of the Contract
Documents or be effective to modify any of the provisions of the Contract Documents. All questions
shall be submitted to the Purchasing Agent via email at purchasing@tomsrivertownship.com or fax
to 732-736-0314, dated at least ten (10) days before the established date for Bid opening. The
Engineer will arrange an addendum, which shall become part of the contract, all pertinent questions
received and his decision regarding each. Prior to the opening of the Bids, a copy of these addenda
will be sent to each of those who have obtained a set of the Contract Documents.
Bidders shall acknowledge receipt of addenda in the form provided in the Bid. In the event that the
Bidder does not acknowledge receipt of any or all addenda, bid will be rejected.
Omissions and Discrepancies
Should a Bidder find discrepancies or omissions in the Contract Documents, or should he be in

doubt as to their meaning, he should immediately notify, in writing, the Purchasing Agent who shall
issue an addendum for clarification to all of those who have received sets of Contract Documents.
Time limits shall be as defined in Section 3, "Questions."
Qualifications of Bidders
The Owner may make such investigation as he deems necessary to determine the ability of the
Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data
for this purpose as the Owner may request.
The Owner reserves the right to reject any Bid if the evidence submitted or investigation of such
Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of
the Contract and to complete the work contemplated therein.
Comparison of Bids
Comparison of Bids will be made on the basis of the total price Bid all Items listed. The estimates
of the quantities given in the Bid are for the purpose of arriving at a total price Bid for the project to
make a comparison in awarding the work. All lump sum and unit Bid prices must be rounded to the
nearest cent. Prices less than one cent for unit prices or lump sums will not be accepted.
Bid Submission
Each Bid must be submitted electronically via Bonfire at tomsrivertownship.bonfirehub.com. Any

proposals attempted to be submitted after said designated time shall be automatically rejected
by the Township’s Procurement Portal.
Instruction to Bidders
Enclosed in the sealed electronic bid submission (or in accordance with the checklist) shall be the
following documents:
(1) Bid Document Submission Checklist

(2) Bid Guarantee (copy)*
(3) Consent of Surety (copy)*
(4) Statement of Ownership Disclosure
(5) List of Subcontractors
(6) Addenda Acknowledgement Form
(7) Business Registration Certificate
(8) Signature Page
(9) Certified Payroll Records Form
(10) Non-Collusion Affidavit
(11) Equipment Certification Form
(12) Mandatory Equal Employment Opportunity Notice
(13) Disclosure of Investment Activities in Iran and Russia-Belarus
(14) Exception form
(15) Contractor’s Experience Statement
*Please note Bid Guarantee Submittal instructions on page IB 5.
Bidder's Warranty
By the act of submitting a Bid for the proposed contract, the Bidder warrants that neither the Bidder
nor any of his employees, agents, intended suppliers or Subcontractors have relied upon any verbal
representations, allegedly authorized or unauthorized from the Owner, his employees or agents
including architects, engineers or consultants, in assembling the Bid figure.
Bids
All Bids must be presented upon the blank Bid forms included in the Contract Documents, and shall
state the proposed price for the work both in words and in figures, and shall be signed by the Bidder
with their address and name of corporation or company. Bid forms shall not be altered or added to
in any way. Where there is a discrepancy between the price in words and the price in figures, the
price in words shall control.
Informal Bids
The Owner may reject as incomplete, Bids that contain erasures not properly initialed or incomplete
Bid Documents. The Owner reserves the right to waive any minor informalities.
Time to Award Contract
The Owner will make an award of the contract(s) under and pursuant to N.J.S.A. 40 A: 11-1 et seq.,
(New Jersey Public Contracts Law), within sixty (60) days from the date of the receipt of the Bids,
and within such extension periods as the Bidders may agree to thereafter.
Withdrawal of Bids
The attention of Bidders is directed to the fact that in submitting his Bid, the Bidder agrees that they
will not withdraw it within sixty (60) consecutive calendar days after opening the Bids except as
noted in the following section.
Upon proper request and identification, Bids may be withdrawn as follows:
A. At any time prior to the designated time for the opening of Bids,
B. Provided the Bid has not been accepted by the Owner, at any time subsequent to the
expiration of the period during which the Bidder has agreed not to withdraw his Bid.
Unless a Bid is formally withdrawn, it shall be deemed open for acceptance until the contract
agreement has been executed by both parties thereto or until the Owner manifests that they do not
intend to accept the Bid. Notice of acceptance of a Bid shall not constitute rejection of any other
Bid.
Bids may be withdrawn upon Written Notification from the Bidder up to 24-hours prior to the
advertised date of opening. Evidence that the request does in fact represent the principal(s) having
submitted the proposal must accompany the written notice.
Withdrawal of Bids – Mistakes
N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a
mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical
error that is an unintentional and substantial computational error or an unintentional
omission of a substantial quantity of labor, material, or both, from the final bid
computation.
A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal,
in writing, by certified or registered mail to Township of Toms River, Purchasing Division, 33
Washington Street, Toms River, New Jersey 08753. The bidder must request withdrawal of a
bid due to a mistake, as defined by the law, within five business days after the receipt and opening
of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified
or registered mailing, the Purchasing Agent may contact all bidders, after bids are opened, to
ascertain if any bidders wish to, or already have exercised a request to withdraw their bid
pursuant to N.J.S.A. 40A:11-23.3.
A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents,
demonstrating that a mistake was made. Such documents and relevant written information shall
be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory
criteria of N.J.S.A. 40A:11-23.3.
The public owner will not consider any written request for a bid withdrawal for a mistake, as
defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the
postmark of the certified or registered mailing is within the five business days following the
opening of bids.
Obligation of Bidders
At the time of the opening of Bids, each Bidder will be presumed to have inspected the site and to
have read and to be thoroughly familiar with the plans and Contract Documents, including all
addenda. The failure or omission of any Bidder to receive or examine any form, instrument or
document shall in no way relieve any Bidder from his obligation to fulfill the requirements set forth
in the Contract Documents of which his Bid is a part.
Bidder Responsibility
No contractor, subcontractor or person performing work or services for or in behalf of a contractor

or a contracted service provider who has been convicted of any first or second degree crime or
any criminal offense set forth in N.J.S.A. 18A:6-7.1(a)(b)(c) shall be permitted on school property.
The contractor or contracted service provider shall submit to the designated school
representative a list of those persons who will perform work or services on school property with
proof that such persons have submitted to a criminal record check.
The contractor or contracted service provider shall pre-register with the designated school
representative all persons who will be on school property by submission of a picture driver’s
license, passport or work visa. The school representative shall issue an identification badge
which shall be worn and visible by all persons while on school property.
Construction contractors shall provide portable toilets to be used by all workers on site.
All persons working or performing services for or in behalf of a contractor or contracted service
provider shall be restricted to defined work areas including ingress and egress to and from such
prescribed areas. Violators of such restricted areas shall be prohibited from working on site.
Lowest Qualified Bidder
The Contract will be awarded to the Lowest Responsible Bidder whose Total Bid including
alternative items, amounts to the lowest number of dollars.
If more than one alternate proposal is specified in addition to the base bid, the Township shall specify
the criteria or ranked order by which specified alternate proposals shall be selected.
All Bids will be compared on the basis of the work shown on the plans and as specified herein,
including addenda.
In the event that there is a discrepancy between prices written in words and written in figures, prices
written in words shall govern. In the event there is a discrepancy between the total amount Bid and
the sum of the parts, the corrected sum shall govern. No Bid will be accepted that does not contain
a price for every item contained in the Bid Form. Bids that are obviously unbalanced may be rejected
by the Owner.
Bid Security/Bid Deposit
Bidder shall submit with the bid a certified check, cashier’s check, or bid bond in the amount of
ten percent (10%) of the total bid price, but not in excess of $20,000.00, payable
unconditionally to the Township of Toms River.
BID GUARANTEE SUBMITTAL DIRECTIONS
• If a check is to be submitted, the electronic submittal shall include a copy of the check and the
original check shall be delivered to the Toms River Township, 33 Washington Street, Toms
River, NJ 08753, Attention: Purchasing. The check must be received no later than the bid
submission date and time.
• If a Bid Bond is to be submitted, the electronic submittal shall include a copy of the Bid Bond
and the original bond shall be delivered to Toms River Township, 33 Washington Street, Toms
River, NJ 08753, Attention: Purchasing. The Bid Bond must be received no later than the bid
submission date and time.
SPECIFIC DELIVERY INSTRUCTIONS ARE AS FOLLOWS:
The Bid Bond or Certified Check must be enclosed in a sealed envelope bearing the name and
identifying information of the project and the name and address of the bidder on the outside, and
addressed to the Office of Purchasing.
A Bid Bond or Certified Check that is sent via US Postal Services shall be sent to: Toms River
Township, PO Box 728, Toms River, NJ 08754.
A Bid Bond or Certified Check that is sent via delivery service shall be sent to: Toms River
Township, 33 Washington Street, Toms River, NJ 08753.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from
a surety company authorized to do business in the State of New Jersey and acceptable to the
Township.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The
check or bond of the bidder to whom the contract is awarded shall be retained until a contract is
executed and the required performance bond or other security is submitted. The check or bond
of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to
statute. A non-conforming bid guarantee or failure to submit required guarantee shall be cause
for rejection of the bid.
Should the Bidder fail to fulfill such promises, his Bid deposit shall become the property of, or be
payable to, the Owner to be credited towards the damages defined in Section 20 of these
instructions, with any amount in excess of such damages being returned to the Bidder.
Unless it shall become the property of, or be payable to the Owner, said deposit shall be returned
to the Bidder as hereinafter provided. Bid deposits will be returned to all except the three (3) lowest
Bidders within ten days (Sundays and legal holidays excluded) after the formal opening of Bids and
to the three (3) lowest Bidders within three (3) days (Sundays and legal holidays excluded) after the
Owner and the accepted Bidder have executed the contract agreement. In the event that the
contract has not been awarded by the Owner within 60-days after the opening of the Bids, Bid
security will be returned promptly upon demand of any Bidder whose Bid has not been accepted.
None of the three (3) lowest Bids shall be deemed rejected, notwithstanding acceptance of one of
the Bids, until the contract agreement has been executed by both the Owner and the accepted
Bidder.
Consent of Surety
In addition to the Bid security, each Bid must be accompanied by a Consent of Surety similar to the
form attached to the Bid from a surety company qualified to do business in the State of New Jersey
agreeing, in event of the award of the contract to the Bidder, to furnish the required bonds.
Right to Reject Bids
The Owner reserves the right to reject all Bids pursuant to N.J.S.A. 40A:11-13.2; to adopt alternates;
to accept that one which in its judgment best serves its interests; to waive any minor informalities or
irregularities in the bids received and to accept the bid from the lowest responsible bidder in
accordance with the applicable law.
Bonds
A Performance Bond, a Labor and Material Payment Bond and a Maintenance Bond in the forms
which are inserted after the Contract Agreement and each in the sum as herein specified and duly
executed by the successful Bidder as principal and by a surety company licensed to do business
under the laws of the State of New Jersey and satisfactory to the Owner, as surety, will be required
for the faithful performance of the contract, the payment for labor and materials and for the guarantee
and maintenance of the work.
Performance Bond - Full amount of the Contract
Labor and Material Bond - Full amount of the Contract
Maintenance Bond - Amount equal to 10 percent of the Contract or

$5,000, whichever is greater
Performance and Labor and Material Payment Bonds must be furnished simultaneously with the
delivery of the executed contract by the successful Bidder and shall remain in effect for one (1) year
after the final Contract acceptance by the Owner.
The Maintenance bond shall be dated as of and is to continue in effect for a period of one (1) year
from the date of completion, approval and final Contract acceptance of the entire work by the Owner.
Execution of Contract
The Bidder to whom the contract is awarded will be required to execute the contract agreement and
furnish the required bonds and insurance certificates within ten (10) days (Sunday and legal
holidays excluded) after receipt of notification that the contract agreement is ready for signature.
Damages
A successful Bidder, upon failure or refusal to execute and deliver the contract agreement and the
required bonds and insurance certificates within the time specified in the Bid, shall be liable to the
Owner for damages suffered, which shall be defined as the difference between the amount specified
in the successful Bid and the amount for which the Owner may contract with another party to perform
the work covered by said Bid, if the latter amount be in excess of the former, together with any
additional expenses incurred by the Owner as a result of such Bidder's failure to enter into the
contract, including, but not limited to, attorney's fees, the expense for re-advertisement for Bids and
the processing of such Bids.
Insurance Certificates
At the time of executing the contract agreement, the Contractor shall submit all certificates of
insurance called for under the contract.
Subcontractors
The Contractor may utilize the services of specialty Subcontractors, as specified in the General
Conditions.
Power of Attorney
Attorneys-In-Fact who sign Bid bonds or contract bonds must file with each bond a certified copy of
their Power of Attorney to sign bonds.
Non-Collusion Affidavit
A Non-Collusion Affidavit as included in the Bid documents must be completed and submitted with
all Bids.
Conditions of Work
Each Bidder must inform himself fully of the conditions relating to the work and labor under which
the work will performed. Failure to do so will not relieve a successful Bidder of his obligation to
furnish all material and labor necessary to carry out the provisions of the Contract Documents and
to complete the contemplated work for the consideration set forth in his Bid.
Materials
All materials and equipment for the project shall be furnished by the Contractor unless otherwise
specifically prescribed. They shall conform to the drawings and specifications and shall be from an
accepted source.
Time for Completion
The Contractor will be required to complete the work under this Contract within 120 days of the date
specified in the Notice to Proceed.
Phasing of Work
The Contractor is hereby made aware that the parking deck must remain open and operational
during this project. As such, the contractor shall phase his work so as to not remove any more than
15 total parking spaces, or 10 per level out of operation at one time.
The contractor shall cone or fence off the spaces he/she intends to work on that day, either before
8:15am of after 4:30pm of the previous day to minimize the relocation of cars already parked.
Substitution
In the various detailed sections of the Specifications, where any item of equipment or material is
indicated by proprietary name, trade name, or name of one or more manufacturers, with the addition
of such expressions as "or equal" it is to be understood that equivalent equipment or products of
either a manufacturer named or of a manufacturer not named, which meet the detailed requirements
of the Specifications, is intended, subject to the acceptance of the Engineer as to equality thereof.
It is distinctly understood, (1) that the Engineer is to use his own judgment in determining whether
or not any item of equipment or material proposed is equal in quality to that specified, (2) that the
decision of the Engineer on all such questions of equality shall be final, and (3) that, in the event of
any adverse decision by the Engineer, no claim of any sort shall be made or allowed against the
Engineer or the Owner.
The first listed material or equipment, whether indicated by name of manufacturer, brand name,
trade name or catalog reference form the basis of design. Materials and equipment indicated in
addition to those first listed will be accepted as equal in quality, however the Contractor will be
responsible for all costs, as specified hereinafter, for substitute materials for any design revisions
and any new construction needed.
Substitute materials and equipment will be considered only if they are equal in quality, durability,
appearance, strength, capacity, type and other requirements of the indicated items, if they conform
to the physical limitation of the locations where they will be used and if they are acceptable to the
Engineer.
The burden of proving equivalency shall be on the Contractor. Where any substitution alters the
design of space requirements of any of the work, the Contractor shall bear all costs of the revised
design and construction, including the preparation and submission to the Engineer of detailed
drawings showing all modifications of the contract plans necessary to accommodate such
equipment, all changes or additions to structures, piping, buildings, mechanical and electrical work,
accessories, controls and all other changes to the work required to accommodate the substitute
item.
Liquidated Damages
Should a Contractor fail to complete his work on or before the time set forth above or as provided in
the Contract Documents covering extension of time then the Owner may retain an amount as set
forth in the General Conditions as liquidated damages for each calendar day in accordance with the
provisions of that section.
Information Not Guaranteed
All information given on the plans or in the Contract Documents relating to subsurface conditions
and existing utilities and other structures is from the best sources at present available to the Owner.
All such information and the drawings of existing conditions are furnished only for the information
and convenience of Bidders.
It is agreed and understood that the Owner does not warrant or guarantee that the materials, utilities
or other structures encountered during construction will be the same as those indicated by the
information given on the contract drawings or in the Contract Documents.
The Bidder is responsible for ascertaining the character, quantities and conditions of the various
materials and the work to be done.
It further is agreed and understood that the Bidder or the Contractor will not use any of the
information made available to him or obtained in any examination made by him in any manner as a
basis or ground of claim or demand of any nature, against the Owner or the Engineer, arising from
or by reason of any variance which may exist between the information offered and the actual
materials or structures encountered during the construction work, except as may otherwise be
provided for in the Contract Documents.
Sales and Use Taxes
The Bidder shall study all tax laws for the jurisdiction in which the work is done, particularly so-called
"sales and use taxes" for which he may be liable as a consumer or user of goods.
The Township is exempt from any local, state or federal sales, use or excise tax. The Township
will not pay for N.J. State Sales and Use Tax that are included in any invoices. Exemption
Certificates shall be furnished upon request by the Purchasing Division. It is the responsibility of
the Contractor to file any forms necessary to obtain the exemption.
Process of Resolution for Construction Contract Disputes
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be
referred to the Township Engineer for decision. An initial decision of the Township Engineer shall
be required as a condition precedent to litigation for all claims between the Contractor and Owner
arising prior to the date final payment is due, unless thirty (30) days have passed after the claim
has been referred to the Township Engineer with no decision having been rendered by the
Township Engineer.
The Township Engineer shall approve or reject any claim by written decision within ten (10) days
of the submission of a claim, and notify the parties of any change to the amount of the contract
and/or time for completion of the contract. The approval or rejection of a claim by the Township
Engineer shall not be binding upon the parties.
Any claim not resolved by the Township Engineer may be submitted to mediation pursuant to
industry standards prior to being submitted to a court for adjudication. If a claim is submitted to
a court for adjudication, the venue for all such litigation shall In the Superior Court of New Jersey,
Law Division, Ocean County.
Law Against Discrimination
The parties of this contract do hereby agree that the provisions of N.J.S.A. 10:2-1 through 10:2-4
dealing with discrimination in employment on public contracts, and the rules and regulations
promulgated pursuant thereto are hereby made a part of this contract and are binding upon them.
During the performance of this contract, the Contractor agrees as follows:
a. In the hiring of persons for the performance of work under this contract or any subcontract
hereunder, or for the procurement, manufacture, assembling or furnishing of any such
materials, equipment, supplies or services to be acquired under this contract, no contractor,
nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race,
creed, color, national origin, ancestry, marital status, gender identity or expression, affectional
or sexual orientation or sex, discriminate against any person who is qualified and available
to perform the work to which the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate
against or intimidate any employee engaged in the performance of work under this contract
or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or
furnishing of any such materials, equipment, supplies or services to be acquired under such
contract, on account of race, creed, color, national origin, ancestry, marital status, gender
identity or expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting public
agency, under this contract, a penalty of $ 50.00 for each person for each calendar day during
which such person is discriminated against or intimidated in violation of the provisions of the
contract; and
d. This contract may be canceled or terminated by the contracting public agency, and all money
due or to become due hereunder may be forfeited, for any violation of this section of the
contract occurring after notice to the contractor from the contracting public agency of any
prior violation of this section of the contract.
Use of Small and Minority-Owned Business
The Owner expects that the Contractor will meet his responsibility to select the best and least
expensive Subcontractors needed to provide high quality construction at the least cost to the public.
It is also expected that good faith efforts will be made to use the services and skills of small and
minority-owned businesses, and that these businesses will be given a fair opportunity to compete
for contracts on work.
Compliance with New Jersey P.L. 1977 Chapter 33 N.J.S.A. 52:25-24.2
The Bidder, in compliance with N.J.S.A. 52:25-24.2 Chapter 33, P.L. 1977, shall submit with his Bid,
a statement setting forth the names and addresses of all stockholders or individual partners who
own 10 percent (10%) or more of its stock or interest as specified on the Statement of Ownership
Disclosure.
Russia-Belarus and Iran Prohibition
P.L. 2022, c. 3 prohibits the award, renewal, amendment or extension of State and local public
contracts for goods or services with persons or entities engaging in prohibited activities in Russia
or Belarus. P.L. 2012, c. 25 prohibits the award or renewal of State and local public contracts for
goods or services with persons or entities engaged in certain investment activities in the energy
or finance sectors of Iran.
Before a goods and services contract can be entered into, vendors and contractors must certify
that neither they nor any parent entity, subsidiary or affiliate is listed on the New Jersey
Department of the Treasury’s list of entities determined to be engaged in prohibited activities in
Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L.
2012, c. 25 (“Chapter 25 list”).
Annual Political Contribution Disclosure Requirement
Any business entity making a contribution of money or any other thing of value, including an in-
kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of
any public office having ultimate responsibility for the awarding of public contracts, or to a political
party committee, legislative leadership committee, political committee or continuing political
committee, which has received in any calendar year $50,000 or more in the aggregate through
agreements or contracts with a public entity, shall file an annual disclosure statement with the
New Jersey Election Law Enforcement Commission setting forth all such contributions made by
the business entity during the 12 months prior to the reporting deadline as required by N.J.S.A.
19:44A-20.27.
Federally Funded Contracts
Federally funded contracts must follow the Code of Federal Regulations 2 C.F.R. 200.326 and 2
C.F.R. Part 200 Appendix II as follows:
(i) Contract provisions. A grantee’s and subgrantee’s contracts must contain provisions in
paragraph (i) of this section. Federal agencies are permitted to require changes, remedies,
changed conditions, access and records retention, suspension of work, and other clauses
approved by the Office of Federal Procurement Policy.
(1) Administrative, contractual, or legal remedies in instances where contractors violate or

breach contract terms, and provide for such sanctions and penalties as may be appropriate.
(Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000.)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled ‘‘ Equal
Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and
as supplemented in Department of Labor regulations (41 C.F.R. part 60.) (All construction
contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees.)
(4) Compliance with the Copeland ‘‘Anti-Kickback’ Act (18 U. S. C. 874, 40 U.S.C. 3145) as
supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and
subgrants for construction or repair.)
(5) Compliance with the Davis- Bacon Act (40 U. S. C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 C.F.R. Part 5) (Construction contracts
in excess of $2000 awarded by grantees and subgrantees when required by Federal grant
program legislation.)
(6) Where applicable (see 40 U.S.C. 3701) all contracts awarded by the non-Federal entity in
excess of $100,000 that involve the employment of mechanics or laborers must comply with
40 U. S. C. 3702 and 3704 as supplemented by Department of Labor regulations (29 CFR
Part 5.)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or under
such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed.
(12) For all contract in excess of $150,000, compliance with all applicable standards, orders,
or requirements of the Clean Air Act (42 U. S. C. 7401-7671q) Federal Water Pollution Control
Act as amended (33 U. S. C. 1251-1387. Violations must be reported to FEMA regional office
of Environmental Protection Agency (Contracts, subcontracts, and subgrants of amounts in
excess of $150,000)
(13) Mandatory standards and policies must comply with Section 6002 of the Solid Waste
Disposal Act, (Pub. L. No. 89-272 (1965) codified as amended by the Resource Conservation
and Recovery Act (42 U.S.C. 6962)
Relevant records of private vendors or other persons entering into contracts with covered entities are
subject to audit or review by the New Jersey Office of the State Comptroller pursuant to N.J.S.A. 52:15C-
14(d). The Contractor shall maintain all documentation related to products, transactions or services
under this contract for a period of five years from the date of final payment. Such records shall be made
available to the New Jersey Office of the State Comptroller upon request.
Federal Non-Debarment Certification
Certification Requirements under N.J.S.A. 52:32-44.1 - Pursuant to state law any natural person,
company, firm, association, corporation, or other entity prohibited, or “debarred,” from contracting
with the federal government agencies, shall also be prohibited from contracting for public work
in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by
or subject to the control of an entity of that prohibited person or entity.
Prior to awarding a contract for public work a local units must obtain written certification from
the contracting person or entity through the form below, attesting to their non-debarment from
contracting with federal government agencies. Contracting units are reminded that they must
fill-in the boilerplate information in the certification sections of the bid document regarding their
name and type of contracting unit before using the form.
NJSA 40A:11-16.7 Changes, Changed Conditions, Change Orders

The Owner may, at any time, by written order, and without notice to the sureties, make changes in
the work within the general scope of the Contractor Documents, consisting of additions, deletions or
other revisions. Such changes may include, without limitation, changes in the Contractor Documents,
Contractor Drawings and Specifications, changes in the quantities, estimated quantities, design, line,
grade, plan, form, dimensions or materials of the work or any part thereof, changes in the method or
manner of performing the work, and changes in Owner-furnished property.
Any other written or oral orders (including, without limitation, directions, instructions, interpretations, or
determinations) from the Owner or Engineer to the Contractor that cause material change in the
requirements of the Contractor Documents, may be authorized as changes under this Clause;
provided, as conditions precedent, that the Contractor gives the Owner and Engineer advance written
notice at the earliest practicable time (in any case before beginning the work which will be the subject
of the claimed change and before incurring any costs in connection with the claimed change) of the
date, circumstances and source of the alleged change; provided that the Contractor expressly states
in the notice that the Contractor regards the order as a change in the requirements of the Contractor
Documents and cites this Article of the Contractor; and provided that the Owner determines that the
claim of the Contractor is meritorious and issues a duly authorized written change order to that effect.
If any such change causes an increase or decrease in the cost of or time required for the
performance of any part of the work under this Contractor, the Owner shall make an adjustment in
the Contractor Price, the required completion times for the Contractor work, or both. If any change
decreases the work to be performed, the Contractor shall not be entitled to damages or anticipated
profits on the work that is eliminated.
This construction Contract is subject to changed conditions clauses in accordance with P.L. 2017 c.
317.
A) A Contract subject to this section shall include the following differing site conditions provisions as per
P.L. 2017 c. 317:
(1) If the Contractor encounters differing site conditions during the progress of the work of the
Contract, the Contractor shall promptly notify the Owner in writing of the specific differing
site conditions encountered before the site is further disturbed and before any additional work
is performed in the impacted area.
(2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this
subsection, or upon the Owner otherwise learning of differing site conditions, the Owner shall
promptly undertake an investigation to determine whether differing site conditions are present.
(3) If the Owner determines different site conditions that may result in additional costs or delays
exist, the Owner shall provide prompt written notice to the Contractor containing directions
on how to proceed.
(4) (a) The Owner shall make a fair and equitable adjustment to the Contract price and
Contract completion date for increased costs and delays resulting from the agreed upon
differing site conditions encountered by the Contractor.
(b) If both parties agree that the Owner’s investigation and directions decrease the
Contractor’s costs or time of performance, the Owner shall be entitled to a fair and
equitable downward adjustment of the Contract price or time of performance.
(c) If the Owner determines that there are no differing site conditions present that would result
in additional costs or delays, the Owner shall so advise the Contractor, in writing, and the
Contractor shall resume performance of the Contract, and shall be entitled to pursue a differing
site conditions claim against the Owner for additional compensation or time attributable to the
alleged differing site conditions.
(5) Execution of the Contract by the Contractor shall constitute a representation that the
Contractor has visited the site and has become generally familiar with the local conditions
under which the work is to be performed.
(6) As used in this subsection, “differing site conditions” mean physical conditions at the Contract
work site that are subsurface or otherwise concealed and which differ materially from those
indicated in the Contract documents or are of such an unusual nature that the conditions differ
materially from those ordinarily encountered and generally recognized as inherent in the work
of the character provided for in the Contract.
B) A Contract subject to this section shall include the following suspension of work provisions as
per P.L. 2017 c. 317:
(1) The Owner shall provide written notice to the Contractor in advance of any suspension of
work lasting more than ten (10) calendar days of the performance of all or any portion of the
work of the Contract.
(2) If the performance of all or any portion of the work of the Contract is suspended by the Owner
for more than ten (10) calendar days due to no fault of the Contractor or as a consequence of
an occurrence beyond the Owner’s control, the Contractor shall be entitled to compensation
for any resultant delay to the project completion or additional Contractor expenses, and to
an extension of time, provided that, to the extent feasible, the Contractor, within ten (10)
calendar days following the conclusion of the suspension, notifies the Owner, in writing, of the
nature and extent of the suspension of work. The notice shall include available supporting
information, which information may thereafter be supplemented by the Contractor as needed
and as may be reasonably requested by the Owner. Whenever a work suspension exceeds
sixty (60) days, upon seven days’ written notice, either party shall have the option to terminate
the Contract for cause and to be fairly and equitably compensated therefor.
(3) Upon receipt of the Contractor’s suspension of work notice in accordance with paragraph
(2) of this subsection, the Owner shall promptly evaluate the Contractor’s notice and promptly advise
the Contractor of its determination on how to proceed in writing.
(4) (a) If the Owner determines that the Contractor is entitled to additional compensation or
time, the Owner shall make a fair and equitable upward adjustment to the Contract price and
Contract completion date.
(b) If the Owner determines that the Contractor is not entitled to additional compensation or time,
the Contractor shall proceed with the performance of the Contract work, and shall be entitled to
pursue a suspension of work claim against the Owner for additional compensation or time
attributable to the suspension.
(5) Failure of the Contractor to provide timely notice of a suspension of work shall result in a
waiver of a claim if the Owner can prove by clear and convincing evidence that the lack of
notice or delayed notice by the Contractor actually prejudiced the Owner’s ability to
adequately investigate and defend against the claim.
C) A Contract subject to this section shall include the following change in character of work
provisions as per P.L. 2017 c. 317:
(1) If the Contractor believes that a change directive by the Owner results in a material change to
the Contract work, the Contractor shall so notify the Owner in writing. The Contractor shall
continue to perform all work on the project that is not the subject of the notice.
(2) Upon receipt of the Contractor’s change in character notice in accordance with paragraph
(1) of this subsection, the Owner shall promptly evaluate the Contractor’s notice and
promptly advise the Contractor of its determination on how to proceed in writing.
(3) (a) If the Owner determines that a change to the Contractor’s work caused or directed by the
Owner materially changes the character of any aspect of the Contract work, the Owner shall
make a fair and equitable upward adjustment to the Contract price and Contract completion
date. The basis for any such price adjustment shall be the difference between the cost of
performance of the work as planned at the time of contracting and the actual cost of such work
as a result of its change in character, or as otherwise mutually agreed upon by the Contractor
and the Owner prior to the Contractor performing the subject work.
(b) If the Owner determines that the Contractor is not entitled to additional compensation or time,
the Contractor shall continue the performance of all Contract work, and shall be entitled to pursue
a claim against the Owner for additional compensation or time attributable to the alleged material
change.
(4) As used in this subsection, “material change” means a character change which increases or
decreases the Contractor’s cost of performing the work, increases or decreases the amount
of time by which the Contractor completes the work in relation to the contractually required
completion date, or both.
D) A Contract subject to this section shall include the following change in quantity provisions as per
P.L. 2017 c. 317:
(1) The Owner may increase or decrease the quantity of work to be performed by the
Contractor.
(2) (a) If the quantity of a pay item is cumulatively increased or decreased by twenty (20) percent
or less from the bid proposal quantity, the quantity change shall be considered a minor change
in quantity.
(b) If the quantity of a pay item is increased or decreased by more than twenty (20) percent from
the bid proposal quantity, the quantity change shall be considered a major change in quantity.
(3) For any minor change in quantity, the Owner shall make payment for the quantity of the pay
item performed at the bid price for the pay item.
(4) (a) For a major increase in quantity, the Owner or Contractor may request to renegotiate the
price for the quantity in excess of one hundred and twenty (120) percent of the bid proposal
quantity. If a mutual agreement cannot be reached on a negotiated price for a major quantity
increase, the Owner shall pay the actual costs plus an additional ten (10) percent for overhead
and an additional ten (10) percent for profit, unless otherwise specified in the original bid.
(b) For a major decrease in quantity, the Owner or Contractor may request to renegotiate the price
for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price
for a major quantity decrease, the Owner shall pay the actual costs plus an additional ten (10)
percent for overhead and an additional ten (10) percent for profit, unless otherwise specified in the
original bid; provided, however, that the Owner shall not make a payment in an amount that
exceeds eighty (80) percent of the value of the bid price multiplied by the bid proposal quantity.
(5) As used in this subsection, the term “bid proposal quantity” means the quantity indicated in
the bid proposal less the quantities designated in the project plans as “if and where
directed.”
As a condition precedent to the Contractor's right to any entitlement to increased costs or an extension of
time under this Clause, the Contractor must fully document its claim to an adjustment within thirty (30) days
after receipt of a written change request/directive from the Owner or within thirty (30) days after the
Contractor gives notice of a constructive change. Such documentation shall, without limitation, include a
written statement to the Owner and Engineer setting forth the full particulars of the Contractor's claimed
entitlements and the claimed amounts, accompanied by full documentation and detailed accounting in
support of all aspects of the claim. The Contractor shall update and supplement its claim and documentation
as necessary at intervals not greater than thirty (30) days.
No claims for an adjustment shall be allowed if asserted after final payment under this Contractor.
Total value of change orders executed for a particular Contract shall not cause the originally awarded contract
price to be exceeded by more than twenty (20) percent unless otherwise authorized as per N.J.A.C. 5:30-11.
The following general policies shall apply to adjustments for lump sum projects under this Article:
(a) The Contractor shall be entitled to any additional identifiable Contractor Direct Costs
associated with the changed work as identified above excluding Subcontractor's costs.
For adjustments up to $100,000, the Contractor may include up to ten (10) percent
overhead factor to its additional identifiable direct job costs, but excluding the cost of any
subcontracting, plus up to a ten (10) percent profit factor to its identifiable direct costs plus
overhead amount.
(b) These overhead and profit factors may be accepted by the Owner as reasonable in lieu
of requiring the submission of additional supporting data. However, the Owner reserves
the right to review any cost or profit element on a case-by-case basis.
(c) Adjustments relating to changes in subcontracted work may be similarly handled and
the Contractor may add up to ten (10) percent to the total cost (including overhead and
profit factors) incurred by the Subcontractor. In such cases, the same reservation of
rights shall apply.
(d) For adjustments more than $100,000, the above factors may be included initially for
adjustments but will be subject to negotiation, cost and pricing data, and Owner review
requirements.
In order to be allowable in adjustments, costs must be reasonable in nature and amount. Indirect Costs
(overhead costs) must be allocable to the Contractor, i.e., chargeable to the Contractor on the basis of relative
benefit received or other relationship. Direct Costs for changed work shall be limited to increases or
decreases in the identifiable direct cost of the following:
(a) Direct Labor costs, including the time of a foreman while engaged directly upon
changed work.
(b) Direct Labor employee insurance, social security and other direct costs assessed on
Direct Labor payrolls by properly authorized public agencies.
(c) Direct costs of equipment, materials and supplies installed in the work. The direct cost
of these items shall be the actual costs paid by Contractor to the suppliers of these
items, without markup.
(d) Direct costs of job equipment associated with the changed work. The compensable cost
for construction equipment shall be based upon the most current costs established in
the "Rental Rate Blue Book for Construction Equipment" (published by Equipment
Guide-Book Company) for each piece of equipment having a value in excess of $50.00.
Equipment and tools of lesser value are considered "small tools" and, as such, are
considered to be part of overhead. Costs shall be based on an hourly rate determined
by dividing the monthly rate listed in the cited "Blue Book" by 176. Overhead and profit
factors shall only be applied to the rates charged for rental equipment. No overhead or
profit will be allowed for Contractor-owned equipment.
Should the Owner and Contractor fail to agree upon any adjustment addressed by this Article, the Engineer
shall initially fix the terms of the adjustment and if the Owner or Contractor shall be dissatisfied with the
Engineer's actions in this regard, such party may give notice to the Engineer of a dispute and a request for a
formal decision under the Clause of this Contractor entitled, "Responsibility of the Engineer". However,
nothing shall excuse the Contractor from proceeding with the Contractor as changed.
The change orders executed for this Contractor shall, in no event, cause the originally awarded Contractor
Price to exceed limitations set forth in N.J.A.C. 5:34-4.1 et. seq., except as may be authorized under such
regulation.
BD - BID DOCUMENTS
Bid Forms
Township of Toms River BF 1

BID DOCUMENTS
The following documents shall be fully completed

and signed where necessary and submitted as the bidder’s proposal
Bid Forms
BID DOCUMENT SUBMISSION CHECKLIST
(N.J.S.A. 40a:11A-23.1.b)
A. Failure to submit items (a) through (f), as indicated, is a mandatory cause for the bid to be rejected.
(Bidder’s Initials)
___X___ (a) Proposal Forms
___X___ (b) Bid Bond Form as required by N.J.S.A. 40A:11-21.
___X___ (c) Consent of Surety pursuant to N.J.S.A. 40A:11-22.
___X___ (d) Statement of Ownership Disclosure pursuant to N.J.S.A. 52:25-24.2.
___X___ (e) List of Subcontractors as required by N.J.S.A. 40A:11-16.
___X___ (f) Bidder’s acknowledgement of receipt of any notice(s), revision(s)

or addenda(s) to the advertisement, specifications or bid documents
pursuant to N.J.S.A. 40A:11-23.1a.
___X___ (g) Business Registration Certificate for contractors and listed

Subcontractors pursuant to subsection d. of this section and
required pursuant to section 1 of P.L.2004, c.134 (C.52:32-44).
Revised by P.L.2009, c.315 (C.52:32-44)
___X___ (h) Signature Form pursuant to N.J.S.A. 40A:11-23.1.b.
___X___ (i) Notice to all Public Works Employers-Certified Payroll Records

Form pursuant to N.J.S.A. 40A:11-23.1.b.
___X___ (j) Non-Collusion Affidavit, (this form must be notarized)

pursuant to N.J.S.A. 40A:11-23.1.b.
___X___ (k) Equipment Certification Form, pursuant to N.J.S.A. 40A:11-20.
___X___ (l) Exception Sheet
X (m) Russia-Belarus & Iran Disclosure Certification
X (n) Federal Non-Debarment Certification
B. Signature: The undersigned hereby acknowledges and has submitted the above indicated (“X”) items.
Name of Bidder: _____________________________________________________________________
Authorized Representative (Print): _______________________________________________________
Signature: _________________________________________________________________________
Print Name and Title: _________________________________________ Date: __________________
Bid Forms
IMPORTANT BIDDER INFORMATION RE: BID BONDS
The Township of Toms River will not accept any Bid Bonds with wording in their content that is contrary
to the intention of the Local Public Contracts Law, specifically designation 40A:11-21 which reads as
follows:
GUARANTEE TO BE FURNISHED WITH BID:
A person bidding on a contract for the erection, alteration or repair of a public building, structure, facility
or other improvement to real property, the total price of which exceeds $100,000.00, shall furnish a
guarantee as provided for herein. A contracting unit may provide that a person bidding on any other
contract, advertised in accordance with law, shall furnish a guarantee as provided for herein. The
guarantee shall be payable to the contracting unit so that if the contract is awarded to the bidder, the
bidder will enter into a contract therefore and will furnish any performance bond or other security required
as a guarantee of indemnification. The guarantee shall be in the amount of 10% percent of the bid, but
not in excess of $20,000.00, except as otherwise provided herein, and may be given, at option of the
bidder, by certified check, cashier’s check or bid bond. In the event that any law or regulation of the
United States imposes any condition upon the awarding of a monetary grant to any contracting unit,
which condition requires the depositing of a guarantee in an amount other than 10% of the bid or in
excess of $20,000.00, the provisions of this section shall not apply and the requirements of the law or
regulation of the United States shall govern.
More specifically, those bid bonds which contain restrictive language regarding the bonds’ intent will be
considered NON-CONFORMING by the Township of Toms River.
Bid Forms
BID SUBMISSION NOTICE
PUBLIC WORKS CONTRACTOR REGISTRATION ACT CERTIFICATE
A. All bidders are hereby advised as follows:
While the inclusion of a copy of your current Public Works Contractor Registration Act
Certificate is not mandatory with the bid submission, all contractors (bidders), and
subcontractors’ listed pursuant to subsection (d) on the Bid Document Submission
Checklist (page C-1), are required to be registered with the Department of Labor and
Workforce Development on the date of receipt of bids, pursuant to P.L. 1999, c.238-
N.J.S.A. 34:11-56.48 et seq.
Failure to be registered with the State of New Jersey, Department of Labor, Division of
Wage and Hour Compliance under this act, on the date of receipt of bids, is a material
defect and is not curable.
The Township of Toms River will require a copy of the current Public Works Contractor
Registration Act Certificate(s), from the successful bidder and any applicable
subcontractors, upon award of contract by the governing body and prior to the
commencement of any work.
BUSINESS REGISTRATION CERTIFICATE
A. All bidders are hereby advised as follows:
While the inclusion of a copy of your Business Registration Certificate is not mandatory
with the bid submission, all contractors (bidders), and subcontractors’ listed pursuant to
subsection (d) on the Bid Document Submission Checklist (page C-1), are required to
have obtained the Business Registration Certificate from the Department of the Treasury,
Division of Revenue prior to the award of contract, pursuant to P.L.2004, c.57-N.J.S.A.
52:32-44 et seq. as amended by P.L.2009, c.315 effective January 18, 2010.
Failure to have obtained the Business Registration Certificate from the State of New
Jersey, Department of the Treasury, Division of Revenue under this act, prior to award of
contract is a material defect and is not curable.
The Township of Toms River will require a copy of the Business Registration Certificate
from the successful bidder and any applicable subcontractors, prior to the time a
contract, purchase order or other contracting document is awarded.
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STATUTORY PERFORMANCE AND PAYMENT BOND
KNOWN ALL MEN BY THESE PRESENTS, that we the undersigned,
_________________________________________________________________________________________
Name of Principal
_________________________________________________________________________________________
Address of Principal
as Principal, and,
_________________________________________________________________________________________
(NAME OF SURETY)
_________________________________________________________________________________________
(ADDRESS OF SURETY)
as Surety, are hereby held and firmly bound unto the

(Owner)
33 WASHINGTON STREET, TOMS RIVER, NEW JERSEY 08753
in the penal sum of $______________________________________________________________ for the
payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns.
Signed this day of , 20____.
THE CONDITION OF THE ABOVE OBLIGATION is such that whereas, the above named Principal did on
the day of , 20____ enter into a contract with the Township of Toms River,
which said contract is made a part of this bond as though fully set forth herein;
NOW, if the said Principal shall well and faithfully do and perform the things agreed by the Principal
to be done and performed according to the terms of said contract, and shall pay all lawful claims of
subcontractors, materialmen, laborers, persons, firms or corporations for labor performed or materials,
provisions, provender or other supplies or teams, fuels, oils, implements or machinery furnished, used or
consumed in the carrying forward, performing or completing of said contract; we agreeing and assenting
that this undertaking shall be for the benefit of any subcontractor, materialman, laborer, person, firm or
corporation having a just claim, as well as for the obligee herein; then this obligation shall be void;
otherwise the same shall remain in full force and effect; it being expressly understood and agreed that
the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of
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this obligation as herein stated.
The said Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the
terms of the said contract or in the plans or specifications therefor shall in any way affect the obligation
of said Surety on its bond.
Recovery of any claimant under the bond shall be subject to the conditions and provisions of N.J.S.A.
2A:44-143 et. seq to the same extent as if such conditions and provisions were fully incorporated in the
form set forth herein.
This bond is given in compliance with the requirements of the statutes of the State of New Jersey in respect
to bonds of contractors on public works, N.J.S.A. 2A:44-143 to -147 and amendments thereof, and liability
thereunder is limited as in said statutes provided.
SIGNED SEALED AND DELIVERED

IN THE PRESENCE OF:
Principal
Attest:
_______________________________ By
Attest:
Surety Company
_______________________________ By
NOTES:
1. The date of the Bond shall not be earlier than the date of the agreement.
2. The Surety company shall be authorized to transact business in New Jersey and have sufficient resources to issue
the bond.
3. If Contractor is a partnership, all partners shall execute the bond.
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IN WITNESS WHEREOF, this instrument is executed in one (1) counterpart, which shall be deemed an original, this
_____________________________day of _____________________, 20_____ .
ATTEST:
_______________________
Principal (Contractor)
________________________________
(Principal) Secretary By:_________________________(s)
(SEAL)
______________________________
(Typed Name)
_________________________________
(Witness as to Principal) ______________________________
(Address)
_________________________________
(Address) _____________________________
_________________________________
ATTEST:
______________________________
(Surety)
________________________________
(Surety) Secretary By:___________________________
_____________________________
(Typed Name)
(SEAL)
_________________________________
(Witness to Surety) ______________________________
(Address)
_________________________________
(Address) _____________________________
_________________________________
NOTE: Date of Bond must not be prior to date of contract. If Contractor is a partnership, all partners must execute bond. A
corporate acknowledgement and statement of authority shall be attached by the Surety.
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CONSTRUCTION CONTRACTS
EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual
orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is
afforded to such applicants in recruitment and employment, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall
include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions
of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without
regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement,
a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of
the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good
faith efforts to employ minority and women workers in each construction trade consistent with the targeted
employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO
Monitoring Program may, in its discretion, exempt a contractor or subcontractor from compliance with the good
faith procedures prescribed by the following provisions, A, B and C, as long as the Dept. of LWD, Construction
EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a
union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO
Monitoring Program, that its percentage of active "card carrying" members who are minority and women workers
is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27-7.2. The
contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction
trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances
from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations
under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5- 31
et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor
or subcontractor is unable to obtain said assurances from the construction trade union at least five business days
prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal
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employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or
subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said
assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women
workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or
subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly,
consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below;
and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is
not referring minority and women workers consistent with the equal employment opportunity goals set forth in this
chapter.
(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction
trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or
arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following
actions:
(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and
minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce
needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and women
workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with
a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers with the local construction
trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the
construction trade, the State Training and Employment Service and other approved referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be
conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this
regulation, as well as with applicable Federal and State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor
or subcontractor:
(i) The contractor or subcontractor shall interview the referred minority or women worker.
(ii) If said individuals have never previously received any document or certification signifying a level of qualification
lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall
in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule
those individuals who satisfy appropriate qualification standards in conformity with the equal employment
opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor
shall determine that the individual at least possesses the requisite skills, and experience recognized by a union,
apprentice program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD,
Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority
and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited
by the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be
considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept. of
LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good
faith efforts to employ women and minorities from the list to fill vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not
qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall
inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files,
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and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Monitoring
Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered
by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and
submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.
(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or
subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective
bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send
journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such
agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the
exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county
employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B)
above without regard to such agreement or arrangement; provided further, however, that the contractor or
subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers
which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the
construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the
applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the
ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees
that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers
residing within the geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall submit to the public
agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project workforce
report (Form AA 201) electronically provided to the public agency by the Dept. of LWD, Construction EEO
Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with
N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a
month thereafter for the duration of this contract to the Division and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for
on-the-job and/or off-the-job programs for outreach and training of minorities and women.
(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD,
Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring
Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish
such information as may be requested by the Dept. of LWD, Construction EEO Monitoring Program for conducting
a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).
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SAMPLE PROPOSAL:
ITEM DESCRIPTION UNIT QTY UNIT PRICE ITEM TOTAL
A PARKING GARAGE UPPER LEVEL (TOPSIDE)
1 CONCRETE SPALL REPAIR S.F. 40 $ _______ . __ $ _______ . __
2 EPOXY INJECTION CRACK REPAIR L.F. 6 $ _______ . __ $ _______ . __
3 RE-COATING SECTIONS OF S.F. 1200 $ _______ . __ $ _______ . __

CONCRETE SURFACES
4 SCRAPE, CLEAN, AND PAINT EA 6 $ _______ . __ $ _______ . __

DRAIN PIPES
5 NEW FILLER IN EXISTING JOINTS L.F. 820 $ _______ . __ $ _______ . __
6 REPLACE BUILDING EXPANSION L.F 180 $ _______ . __ $ _______ . __

JOINT MATERIAL
7 REMOVE AND REPLACE TIMBER L.F 1300 $ _______ . __ $ _______ . __

RAILS (Add Alternate #1)
8 (2) NEW DRAIN CAPS EA. 2 $ _______ . __ $ _______ . __

Level Total $ _______ . __
B PARKING GARAGE UPPER LEVEL (UNDERSIDE)
2 EPOXY INJECTION CRACK REPAIR L.F 110 $ _______ . __ $ _______ . __
3 SCRAPE CLEAN, AND PAINT STEEL S.F. 120 $ _______ . __ $ _______ . __
4 SCRAPE, CLEAN, AND PAINT L.F. 60 $ _______ . __ $ _______ . __

DRAIN PIPES
5 HSS STRUCTURAL POST pounds 400 $ _______ . __ $ _______ . __
6 SHORING lump 1 $ _______ . __ $ _______ . __

sum
Level Total $ _______ . __
Bid Forms
C PARKING GARAGE MIDDLE LEVEL
(TOPSIDE)
3 POWER WASH CONCRETE S.F. 150 $ _______ . __ $ _______ . __

SURFACES
4 NEW FILLER IN EXISTING JOINTS L.F. 885 $ _______ . __ $ _______ . __
5 STRUCTURAL CONCRETE C.F. 2.5 $ _______ . __ $ _______ . __
6 HSS STRUCTURAL POST pounds 400 $ _______ . __ $ _______ . __
7 REBUILD/REPAIR MASONRY S.F. 8 $ _______ . __ $ _______ . __

Level Total $ _______ . __
D PARKING GARAGE MIDDLE LEVEL (UNDERSIDE)
3 SCRAPE CLEAN, AND PAINT STEEL S.F. 120 $ _______ . __ $ _______ . __
4 SCRAPE, CLEAN, AND PAINT L.F. 50 $ _______ . __ $ _______ . __

DRAIN PIPES
5 (2) STRUCTURAL STEEL ANGLES pounds 150 $ _______ . __ $ _______ . __
6 HSS STRUCTURAL STEEL POST pounds 400 $ _______ . __ $ _______ . __
7 SHORING lump 1 $ _______ . __ $ _______ . __

sum
Level Total $ _______ . __
Allow General Construction Allowance $ 30,000.00
Project Total: $ _________ . __
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AGREEMENT
THIS AGREEMENT, made as of the day of , 20 , by and between the TOWNSHIP
OF TOMS RIVER , 33 WASHINGTON STREET, TOMS RIVER, NJ 08753 hereinafter called the OWNER,
and hereinafter called the Contractor.
WITNESSETH that whereas the Owner intends to construct under Contract PARKING GARAGE REPAIR
PLANS FOR TOWNSHIP MUNICIPAL PARKING GARAGE hereinafter called the Project, in accordance
with the Plans, Specifications and other Contract Documents prepared by ROBERT J. CHANKALIAN, PE,
CME Township Engineer hereinafter called the Engineer.
I. PARTS OF CONTRACT
The Parties agree that the Conditions contained in the following Documents which comprise and are
hereinafter called the Contract Documents are made part of this Agreement and are binding on both parties
as if all Conditions contained in the Contractor's Documents were set forth in this Agreement:
1. Advertisement for Bids

2. Instructions to Bidders
3. Bid
4. Agreement
5. Bonds
6. Releases
7. General Provisions
8. Special Conditions
9. Specifications
10. Plans
11. Addenda
12. Modifications
II. CONTRACT TIME
Work under the Agreement shall be completed within (120) calendar days of the date specified in the
"Notice to Proceed." Failure to complete the work within the number of calendar days stated in this article,
including any extension granted hereto as determined by the Owner, shall entitle the Owner to liquidated
damages in accordance with Section 5.23 of the General Conditions.
III. SUBCONTRACTORS
The Contractor agrees to bind every Subcontractor by the terms of the Contract Documents. The Contract
Documents shall not be construed as creating any contractual relations between any Subcontractor and
the Owner. Relations between the Contractor and his Subcontractors are further defined in the General
Conditions.
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IV. WORK
The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services
necessary to perform and complete all work required for the construction of the Project, in strict compliance
with the Contract Documents herein mentioned, which are hereby made a part of the Contract, including
the following Addenda:
Addendum No. Dated
V. PRICES FOR WORK
The Owner shall pay based on the unit prices and lump sum prices in the Bid, and the Contractor shall
receive the prices stipulated in the Bid as full compensation for everything furnished and done by the
Contractor under this Agreement, including all work required but not specifically mentioned, and also for
all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or
from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all
expenses incurred by or in consequence of the suspension or discontinuance of the work as herein
specified, and for well and faithfully completing the work and the whole thereof, as herein provided.
Progress payments will be made in accordance with the requirements of the General Provisions.
The proposed cost for all the work on this Contract is $ .
VI. CONTRACT DOCUMENTS
The Contract Documents comprise the documents as listed in Article I "Parts of Contract" of this
Agreement. In the event that any provisions of one Document conflict with the provisions of another
Document, the provision in the Document first listed below shall govern, except as otherwise specifically
stated:
A. Agreement (this Instrument)

B. Addenda to the Contract Documents
C. Modifications to the Contract Documents
D. Special Conditions
E. Remaining Legal and Procedural Documents
1. Bid
2. Instructions to Bidders
3. Advertisement for Bids
F. General Provisions
G. Specifications
H. Drawings
I. Bonds
J. Releases
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Contractor shall maintain all documentation related to products, transactions or services under this
contract for a period of five years from the date of final payment. Such records shall be made available
to the New Jersey Office of the State Comptroller upon request." N.J.A.C. 17:44-2.2.
VII. WAIVERS
Neither the inspection by the Owner nor any of its agents, nor any orders, measurement of certificate by
the Engineer, nor any order by the Owner for the payment of money nor payment for, nor acceptance of,
the whole nor any part of the work by the Owner, nor any extension of time, nor any possession taken by
the Owner or its employees shall operate as a Waiver of any provision of this Agreement, or any power
herein reserved to the Owner, or any right to damages herein provided, nor shall any Waiver of any breach
of this Contract be held to be a Waiver of any other or subsequent breach. Any remedy provided in this
Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy
herein provided, and in addition to all other suits, actions or legal proceedings, the Owner shall also be
entitled as of right to a writ of injunction against any breach of any of the provisions of this Agreement.
VIII. AUTHORITY AND RESPONSIBILITY OF THE ENGINEER
All work shall be done under the observation of the Owner's Engineer. The Engineer, in his sole discretion,
shall decide questions which may arise as to the quality and acceptability of materials furnished, work
performed, rate of progress of work, interpretation of Plans and Specifications, and all questions as to the
acceptable fulfillment of the Agreement on the part of the Contractor.
IX. SUCCESSORS AND ASSIGNS
This Agreement and all of the covenants hereof shall ensure to the benefit of and be binding upon the
Owner and the Contractor respectively and his partners, successors, assigns and legal representatives.
The Contractor shall not have the right to assign, transfer or sublet his interests or obligations hereunder
without written consent of the Owner.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their names:
BY: (SEAL)
(SEAL)
CONTRACTOR
BY:
TITLE
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ACKNOWLEDGEMENT OF OFFICER OR OWNER ATTESTING CONTRACT
State of
ss:
County
On this day of , 20 , before me personally came and appeared to

me known, who, being by me duly sworn did depose and say that he is the
of the described in and which executed the foregoing instrument that he knows the
seal of said
that he is the official custodian of such seal; that one of the impressions appearing
on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attested
the same over his signature by virtue of the authority in him vested.
(SEAL)
(Name and Title)
ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION
State of
ss:
Count of
On this day of , 20 , before me personally came and appeared to

me known, who, being by me duly sworn did depose and say that he resides at
that he is the of
the corporation described in and which executed the foregoing instrument; that he
knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was
so affixed by order of the directors of said corporation, and that he signed his name thereto by like other.
(SEAL)
(Name and Title)
Bid Forms
ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP
State of
ss:
County of
On this day of , 20 , before me personally came and

appeared to me known and known to me to be one of the members of the firm of
described in and who executed the foregoing instrument, and he
acknowledged to me that he executed the same as and for the act and deed of said firm.
(SEAL)
(Name and Title)
ACKNOWLEDGEMENTACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL
State of
ss:
County of
On this day of , 2023, before me personally came and appeared to

me known and known to be the person described in and who executed the foregoing instrument and
acknowledged that he executed the same.
(SEAL)
(Name and Title)
Bid Forms
Township of Toms River MAURICE B. HILL, JR. aforesaid, and has caused the seal of the Township to
be affixed hereto, and the party of the second part has caused these presents to be signed by
CONTRACTOR and seal to be affixed hereto the day and year first above written.
: TOWNSHIP OF TOMS RIVER

Attest
___________________________ By: ________________________________

Michael Cruoglio, Township Clerk Maurice B. Hill, Jr., Mayor
(Affix Township Seal)
Attest (for corporations) CONTRACTOR
_____________________________ _____________________________ (L. S.)
(Affix Corporate Seal)
(Printed Name)
Witness (for individuals, partnerships or llc’s)
_______________________________________
APPROVED AS TO LEGAL FORM
______________________________________ ________________________, 2023

Anthony Merlino, Assistant Township Attorney Date
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CONTRACTOR'S AFFIDAVIT
STATE OF:
COUNTY OF:
I, ,
(TYPED/PRINTED Name) (TYPED/PRINTED Title)
of ,
(TYPED/PRINTED Name of Firm)
(TYPED/PRINTED Address)
being first duly sworn on oath depose and say:
1. That Contract for
is completed.
2. That to my personal knowledge and belief, all accounts for labor, materials, supplies and
all other obligations, including those of all subcontractors, have been paid in full.
3. That there are no pending judgments, suits or claims or controversies with anyone over
payment of labor, materials or other obligations in connection with said Contract.
(Signature)
Subscribed and sworn to before me,
a Notary Public, this
day of , 2023.
In testimony whereon, witness my
hand and official seal.
Notary Public
Bid Forms
STATUTORY PERFORMANCE AND PAYMENT BOND
KNOWN ALL MEN BY THESE PRESENTS, that we the undersigned,
_________________________________________________________________________________________
Name of Principal
_________________________________________________________________________________________
Address of Principal
as Principal, and,
_________________________________________________________________________________________
(NAME OF SURETY)
_________________________________________________________________________________________
(ADDRESS OF SURETY)
as Surety, are hereby held and firmly bound unto the

(Owner)
33 WASHINGTON STREET, TOMS RIVER, NEW JERSEY 08753
in the penal sum of $______________________________________________________________ for the
payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns.
Signed this ________ day of _______________, 2023 .
THE CONDITION OF THE ABOVE OBLIGATION is such that whereas, the above named Principal did on
the _______ day of _______________, 2023 enter into a contract with the Township of Toms River,
which said contract is made a part of this bond as though fully set forth herein;
NOW, if the said Principal shall well and faithfully do and perform the things agreed by the Principal
to be done and performed according to the terms of said contract, and shall pay all lawful claims of
subcontractors, materialmen, laborers, persons, firms or corporations for labor performed or materials,
provisions, provender or other supplies or teams, fuels, oils, implements or machinery furnished, used or
consumed in the carrying forward, performing or completing of said contract; we agreeing and assenting
that this undertaking shall be for the benefit of any subcontractor, materialman, laborer, person, firm or
corporation having a just claim, as well as for the obligee herein; then this obligation shall be void;
otherwise the same shall remain in full force and effect; it being expressly understood and agreed that
the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of
this obligation as herein stated.
The said Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the
terms of the said contract or in the plans or specifications therefor shall in any way affect the obligation
Bid Forms
of said Surety on its bond.
Recovery of any claimant under the bond shall be subject to the conditions and provisions of N.J.S.A.
2A:44-143 et. seq to the same extent as if such conditions and provisions were fully incorporated in the
form set forth herein.
This bond is given in compliance with the requirements of the statutes of the State of New Jersey in respect
to bonds of contractors on public works, N.J.S.A. 2A:44-143 to -147 and amendments thereof, and liability
thereunder is limited as in said statutes provided.
SIGNED SEALED AND DELIVERED

IN THE PRESENCE OF:
______________________
Principal
Attest:
_______________________________ By:_______________________
Attest: __________________________
Surety Company
_______________________________ By:________________________
NOTES:
1. The date of the Bond shall not be earlier than the date of the agreement.
2. The Surety company shall be authorized to transact business in New Jersey and have sufficient resources to
issue the bond.
3. If Contractor is a partnership, all partners shall execute the bond.
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IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an
original, this _____________________________day of _____________________, 2023
ATTEST:
_______________________
Principal (Contractor)
________________________________
(Principal) Secretary By:_________________________(s)
(SEAL)
______________________________
(Typed Name)
_________________________________
(Witness as to Principal) ______________________________
(Address)
_________________________________
(Address) _____________________________
_________________________________
ATTEST:
______________________________
(Surety)
________________________________
(Surety) Secretary By:___________________________
_____________________________
(Typed Name)
(SEAL)
_________________________________
(Witness to Surety) ______________________________
(Address)
_________________________________
(Address) _____________________________
_________________________________
NOTE: Date of Bond must not be prior to date of contract. If Contractor is a partnership, all partners must execute
bond. A corporate acknowledgement and statement of authority shall be attached by the Surety.
Bid Forms
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, the Undersigned
(Insert
here the name or legal title and address of the CONTRACTOR)
as PRINCIPAL, and
(Insert here the legal title of SURETY)
a Corporation organized and existing under the Laws of the STATE OF as SURETY are held
and firmly bound unto
(Insert here the name or legal title and address of the OWNER)
as OBLIGEE, in the full and just several sums of Dollars ($ ), for maintenance,
lawful money of the UNITED STATES OF AMERICA, to be paid to the said OBLIGEE, or its Attorney, Successors or
Assigns, to the payment of which sums well and truly to be made, the said PRINCIPAL and SURETY bind themselves,
their Heirs, Administrators, Executors, Successors and Assigns, jointly and severally, firmly by these Presents:
Whereas, said PRINCIPAL has entered into a certain Contract with said
OBLIGEE, dated , 2023 (Hereinafter called the CONTRACT) for
Which Contract and the Contract Documents for said work shall be deemed a part hereof as fully as if set forth herein.
Now, THEREFORE, the Joint and several Conditions of this Bond are such:
That if the above bounded PRINCIPAL shall remedy without cost to the said OBLIGEE any defects which
may develop during a period of one (1) Year from the Date of Completion and Acceptance of the Work
performed under said Contract, provided such defects in the judgment of the OBLIGEE, are caused by
defective or inferior materials or workmanship, then this part of this obligation shall be void; otherwise, it shall
be and remain in full force and effect.
Maintenance Bond
Page 1 of 3
Bid Forms
The PRINCIPAL and the SURETY agree that any alterations, changes or additions to the Contract Documents, and/or
any alterations, changes or additions to the work to be performed under the Contract in accordance with the Contract
Documents, and/or any alterations, changes or additions to the Contract, and/or any given by the OBLIGEE of any
extensions of time for the performance of the Contract in accordance with the Contract Documents and/or any act of
forbearance of either the PRINCIPAL or the OBLIGEE toward the other with respect to the Contract Documents and the
Contract and/or the reduction of any percentage to be retained by the OBLIGEE as permitted by the Contract Documents
and by the Contract, shall not release, in any manner whatsoever, the PRINCIPAL and the SURETY, or either of them,
or their heirs, executors, administrators, successors and assigns, from liability under this Bond; and the SURETY, for
value received does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance
and/or reduction of retained percentage.
In WITNESS WHEREOF, the PRINCIPAL and SURETY have executed this instrument under their several seals this
day of , 2023 the name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its proper officers, pursuant to authority of its governing body.
Maintenance Bond
Page 2 of 3
Bid Forms
IN PRESENTS OF:
SEAL
(Individual or Partnership Principal)
(Address) (Business Address)
SEAL
(Individual or Partnership Principal)
(Address) (Business Address)
WITNESS:
---------------------------------------------------------------------------------------------------------------------------------------------
ATTEST:
(Corporate Principal)
(Business Address)
BY:
---------------------------------------------------------------------------------------------------------------------------------------------
ATTEST:
(Corporate Principal)
(Business Address)
BY:
Maintenance Bond
Page 3 of 3
Bid Forms
CONTRACTOR'S RELEASE
KNOW ALL MEN BY THESE PRESENTS THAT:________________________________________

_____________________________________________________________________________________
(Contractor)
of COUNTY and STATE of does hereby
acknowledge that he has received this day of and from the ___________________________________
(Owner)
the sum of One Dollar ($1.00) and other valuable consideration in full satisfaction and payment of all sums of
money owing payable and belonging to__________________________________________
(Contractor)
by means whatsoever, for on account of a certain Agreement hereinafter called the Contract, between the said
______________________________________________________________________
(Owner)
and _______ dated ____________________
(Contractor)
NOW THEREFORE, the said ___________________________________________________________

(Contractor)
(for myself, my heirs, executors and administrators) (for itself, its successors and assigns) do by these presents
remise, release, quit-claim and forever discharge the said ______________________
(Owner)
its successors and assigns, of and from all claims and demands arising from or in connection with the said
Contract dated and of and from all, and all manner of action and actions, cause and causes
of action and actions, suits, debts, dues, duties, sum and sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extends, execution,
claims and demand, whatsoever in law or equity, or otherwise which against the said
(Owner)
Contractor's Release
Page 1 of 2
Bid Forms
its successors and assigns ever had, now have, or which (I, my heirs, executors, or administrators (it, its successors and
assigns) hereafter can, shall or may have, for, upon or by reason of any matter, cause or thing whatsoever, from the
beginning of the world to the date of these presents.
IN WITNESS WHEREOF
(Contractor)
has caused these presents to be duly executed the day of 2023.
SIGNED, SEALED AND DELIVERED

IN THE PRESENTS OF:
(SEAL)
(Individual)
(SEAL)
(Partnership Contractor)
BY: (SEAL)
(Partner)
ATTEST: (SEAL)
BY: (SEAL)
(Secretary) (President or Vice President)
(CORPORATE SEAL)
Contractor's Release
Page 2 of 2
Bid Forms
NOTICE OF AWARD
TO:
PROJECT DESCRIPTION: PARKING GARAGE REPAIR PLANS FOR TOWNSHIP MUNICIPAL PARKING GARAGE
The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement
for Bids dated and Information for Bidders.
You are hereby notified that your BID has been accepted for Items in the amount of $ .
You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S
Performance BOND, Payment BOND and Certificates of Insurance within ten (10) calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said
OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and
as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER.
DATED this day of , 2023.
OWNER
BY
TITLE
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD

is hereby acknowledged
BY:
THIS , 2023
BY
TITLE
Notice of Award
Page 1 of 1
Bid Forms
NOTICE TO PROCEED
TO: DATE:
PROJECT: PARKING GARAGE REPAIR PLANS FOR TOWNSHIP MUNICIPAL PARKING GARAGE
You are notified that the contract time under the above Contract will commence to run on , 2023. By
that date, you are to start performing the work and your other obligations under the Contract Documents. The time for
Final Completion is set forth in the Contract Documents.
TOWNSHIP OF TOMS RIVER OWNER
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged
BY:
THIS , 2023
BY:
TITLE:
NOTICE TO PROCEED
Page 1 of 1
Bid Forms
GC - GENERAL CONDITIONS
General Conditions
Township of Toms River GC 1

GENERAL CONDITIONS
1. General
The General Conditions of the Contract outline certain general responsibilities of the Owner and the
Contractor (who are the parties to the Contract) and also those responsibilities delegated by the
Owner to the Engineer who acts as the agent of the Owner.
2. Definitions
Whenever the words defined in this section or pronouns used in their stead occur in the Contract
Documents, they shall have the meanings herein given.
Addenda - Written or graphic instruments issued prior to the opening of the Bid which modify or
interpret the Contract Documents, drawings and specifications by additional, deletions, clarifications
or corrections.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the work to be performed.
Bidder - Any person, firm or corporation submitting a Bid for the work.
Bonds - Bid, Performance and Payment Bonds and other instruments of security, furnished by
the Contractor and his surety in accordance with the Contract Documents.
Change Order - A written order to the Contractor authorizing an addition, deletion or revision in the
work within the general scope of the Contract Documents or authorizing an adjustment in the
contract price or contract time.
Contract Documents - The Agreement, Addenda, Instructions to Bidders, Bid, Bid Bond,
Agreement of Surety, Payment Bond, Performance Bond, General Conditions, The Supplementary
Conditions, Special Conditions, Notice of Award, Notice to Proceed, Change Order, Drawings,
Specifications and Releases.
Contract Price - The total monies payable by the Owner to the Contractor under the terms and
conditions of the Contract Documents.
Contract Time - The number of calendar days stated in the Contract Documents or the date stated
in the Agreement for the completion of the work.
Contractor - The person, firm or corporation with whom the Owner has executed the agreement.
Drawings - The part of the Contract Documents that show the characteristics and scope of the work
to be performed and which have been prepared or approved by the Engineer.
Engineer - The Engineer is ROBERT J. CHANKALIAN, P.E., C.M.E., Township Engineer, duly
appointed by the Owner to undertake the duties herein assigned to the Engineer, acting either
directly or through properly authorized agents, such agents acting within the scope of particular
duties entrusted to them.
General Conditions
Field Order - A written order effecting a change in the work not involving an adjustment in the
contract price or an extension of the contract time, issued by the Engineer to the Contractor during
construction.
Final Contract Acceptance - Acceptance of the work by the Owner after an inspection has
indicated that the work is acceptable to them.
General Requirements - Sections of Division 1 of the Specifications.
Notice of Award - The written notice of the acceptance of the Bid from the Owner to the successful
Bidder.
Notice to Proceed - Written communication issued by the Owner to the Contractor authorizing him
to proceed with the work and establishing the date of commencement of work.
Owner - The Owner is the TOWNSHIP OF TOMS RIVER
Project - The undertaking to be performed as provided in the Contract Documents.
Resident Engineer - The authorized representative of the Owner who is assigned to the project
site or any part thereof.
Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other date which
are prepared by the contractor, a subcontractor, manufacturer, supplier or distributor, which shall
illustrate how specific portions of the work shall be fabricated or installed.
Specifications - A part of the Contract Documents consisting of written descriptions of a technical

nature of materials, equipment, construction systems, standards and workmanship, and contain
administrative details.
Subcontractor - An individual, firm or corporation having a direct contract with the Contractor or
with any Subcontractor for the performance of a part of the work at the site.
Substantial Completion - That data as certified by the Engineer when the construction of the
project or a specified part thereof is sufficiently completed, in accordance with the Contract
Documents, so that the project or specified part can be utilized for the purposes for which it is
intended.
Supplier - Any person or organization who supplies materials or equipment for the work, including
that fabricated to a special design, but who does not perform labor at the site.
Work - All labor necessary to produce the construction required by the Contract Documents, and
all materials and equipment incorporated or to be incorporated in the project.
Written Notice - Any notice to any party of the agreement relative to any part of this agreement in
writing and considered delivered and the service thereof completed, when posted by certified or
registered mail to the said party at his last given address, or delivered in person to said party or his
authorized representative on the work.
General Conditions
3. Project Administration
3.1 Preconstruction Conference
Before submission of a Notice to Proceed, the Engineer, the resident project representative, the
Contractor and the Contractor's superintendent shall attend a preconstruction conference. The
purpose of this conference will be to establish the administrative procedures that will be followed
during the construction period.
At the conference the Contractor shall submit to the Engineer a list of all materials and equipment
suppliers for the Engineer's review. The Contractor shall also submit his construction progress
schedule indicating starting and completion dates of the various phases of construction. Procedures
for handling shop drawings and for processing monthly estimates for payment will be determined.
The Contractor shall also submit the name and address of a responsible individual who will be
available on a 24-hour basis to handle all emergency problems in connection with the project.
As specified in the "Instructions to Bidders," the Contractor shall submit a bid item breakdown at the
preconstruction conference.
Representatives of the local police, fire, first aid and utility companies may be invited to attend the
preconstruction conference.
3.2 Project Meetings
Project Meetings may be scheduled for the purpose of discussing the execution of the work.
The Engineer reserves the right to call a project meeting in addition to the regularly scheduled
meetings at any time in the Engineer's judgement it is required for the proper execution of work.
The Contractor shall have a representative at each project meeting whether regularly scheduled or
not. This representative shall be empowered by the Contractor to make definite and binding
decisions regarding all matters pertaining to the work under the Contract, and to make proper and
definite reports as to any information normally required of the Contractor in the progress of the work
Meetings will be held at the time and place designated by the Engineer. All decisions, instructions
and interpretations given by the Engineer at these meetings shall be binding and conclusive on each
Contractor. The proceedings of these meetings will be recorded by the Engineer and each
Contractor will be furnished a reasonable number of copies for his use and distribution to the various
subcontractors, material men and vendors involved.
At the project meeting the contractor shall inform the resident project representative in advance
concerning his plans for carrying on each part of the work. If at any time the Contractor's plant or
equipment or his methods of executing the work appear to the representative to be inadequate to
insure the required safety, quality or rate of progress of the work, the representative may order the
Contractor to increase or improve his facilities or methods and the Contractor shall promptly comply
with such orders, but neither compliance with such order nor failure of the resident project
representative to issue such orders shall relieve the Contractor from his obligation to secure the
degree of safety, the quality of work , and the rate of progress required by the Contract. The
Contractor alone shall be responsible for the safety, adequacy and efficiency of his plant, equipment
and methods.
General Conditions
Review by the resident project representative or Engineer of any plan or method of work proposed
by the Contractor shall not relieve the Contractor of any responsibility therefor, and such review shall
not be considered as an assumption of any risk or liability by the OWNER, Engineer or resident
project representative or any officer, agent or employee thereof. The Contractor shall have no claim
on account of the failure or inefficiency of any plan or method so reviewed.
3.3 Job Site Administration
The Contractor shall cooperate with all other contractors who may be performing work in behalf of
the Owner on any work in the vicinity of the work to be done under this Contract, and he shall so
conduct his operations as to interfere to the least possible extent with the work of such Contractors
or workmen. The Contractor shall promptly make good, at his own expense, any injury or damage
that may be sustained by other Contractors or employees of the Owner at his hands.
Any difference or conflict which may arise between the Contractor and other Contractors or between
the Contractor and workmen of the Owner in regard to their work shall be adjusted as determined
by the Engineer.
If the work of the Contractor is delayed because of any acts or omissions of any other Contractor,
the Contractor shall have no claim against the Owner on that account other than an extension of
time.
Whenever there is interference with work under other Contracts, the Engineer shall decide the
manner in which the work shall proceed under each Contract.
If at any time, construction errors or deficiencies arise, the contractor shall pay for all engineering
fees required for inspecting, checking and reviewing proposed corrective measures.
3.4 Notice to Proceed
The Owner will submit to the Contractor a written "Notice to Proceed" stating a date on which it is
expected that the Contractor will start the work. Contract time shall commence on the date specified
in the Notice to Proceed.
3.5 Schedules
At the preconstruction conference or prior thereto, the Contractor shall submit to the Engineer for
review, an estimated progress schedule indicating the starting and completion dates of the various
stages of the work.
The Contractor shall submit to the Engineer such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data performed under this Contract.
4. Correlation and Intent of Contract Documents
4.1 Intent
It is the intent of the specifications and plans to describe a complete project to be constructed in
accordance with the Contract Documents. Any work that may reasonably be inferred from the
specifications or plans as being required to produce the intended result shall be supplied whether or
not it is specifically called for. An omission from one drawing if shown elsewhere on the contract
drawings is considered to be part of the contract work. If the Contractor feels that he is entitled to
General Conditions
additional compensation, refer to Section 7.4, "Claims for Extra Cost" of the General Conditions. The
Contract Documents comprise the entire agreement between the Owner and the Contractor.
The entire work covered in these specifications and on contract drawings shall be constructed
and finished in every respect in a good workmanlike substantial manner. All parts necessary for
the proper and complete execution of the work, whether the same have been specifically
mentioned or not or indicated on the drawings, shall be furnished and installed in a manner
corresponding with the rest of the work as if the same were particularly described and specifically
provided for therein.
It is not intended that the drawings shall show every detail, piece of material or equipment, but such
parts and pieces as may be necessary to satisfactorily complete any system in accordance with the
best practices and regulatory requirements even though not shown, shall be furnished and installed.
All work shown on drawings and not specified or specified and not shown shall be provided by the
contractor as if the work were shown and specified.
The Contractor shall provide a field force sufficient to superintend, check, coordinate and expedite
all work relating to construction of the project.
4.2 Correlation of Documents
The Contract Documents are complementary. What is called for by one is as binding as if called for
by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he will call
it to the Engineer's attention in writing before proceeding with the work affected thereby. In resolving
such conflicts, errors and discrepancies, the documents shall be given precedence in the order
defined in the agreement.
On the drawings, if a conflict is found, figure dimensions on drawings shall govern over scale
dimensions.
4.3 Application of Special Requirements
Each Contractor and Subcontractor shall be responsible for making himself aware of and shall
specifically comply with all special requirements of the Contract Documents.
It shall be the responsibility of each Contractor and Subcontractor to be aware of, and comply with
such other conditions included in the Contract Documents as may be applicable to the contract. It
is not intended that all requirements with regard to the conduct of the work are included in any one
section of the Contract Documents.
4.4 Discrepancies, Errors and Omissions
The plans and specifications are intended to be explanatory of each other, but should any
discrepancy appear or any misunderstanding arise as to the import of anything contained in either,
the interpretation and decision of the Engineer shall be final and binding on both parties to this
contract.
The Engineer may make any correction of errors or omissions in plans and specifications when such
correction is necessary for the proper fulfillment of their intention as construed by him. Where said
correction of errors or omissions, except as provided in the next two paragraphs below, adds to the
amount of work to be done by the Contractor, compensation for said additional work shall be made
under the item for extra work.
General Conditions
Any work performed after the discovery of an error or omission in the plans or specifications, without
the acceptance of the Engineer shall be at the risk and expense of the Contractor.
All work, materials and equipment indicated on the plans and not mentioned in the specifications or
vice versa and all work and materials usual and necessary to make the work complete in all its parts,
whether or not they are mentioned in the specifications, shall be furnished and executed the same
as if they were called for both on the plans and by the specifications, but will not entitle the Contractor
to consideration in the matter of any claim for extra compensation.
On all work of a remodeling nature, or installation to an existing structure, the actual situation of the
site controls any information given which may affect the quantity, size and quality of materials
required for such information is indicated on the plans or within the specifications.
4.5 Additional Instructions and Detailed Drawings
The Contractor may be furnished supplementary working drawings as necessary to carry out the
work included in the contract. Supplementary working drawings will be issued when necessary to
show changes or define the work in more detail and they shall also be considered as contract plans.
4.6 Compliance with Laws
The Contractor shall keep himself fully informed of all existing and future state and national laws
and municipal ordinances and regulations in any manner affecting those engaged or employed in
the work, the materials and equipment used in the work, or the conduct of the work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
If any discrepancy or inconsistency is discovered in the specifications or other documents for the
work in relation to any such law, or ordinance, regulation, order or decree, he shall forthwith report
the same to the Engineer in writing. He shall at all times himself observe and comply with, and
cause all his agents and employees to observe and comply with, all such existing and future laws,
ordinances, regulations, orders and decrees, and he shall protect and indemnify the Owner, its
officers, and agents against any claim or liability arising from or based upon violation of any such
law, ordinance, regulation, order or decree, whether by himself or his employees.
Unless legal construction of the contract states to the contrary elsewhere in the Contract
Documents, the law of the place or building shall govern the construction of this contract.
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and
under Section 107 of the contract work hours and Safety Standards Act (PL 91-54).
The Contractor's attention is directed to the provisions of Section 4(B) (4) of the Occupational Safety
and Health Act of 1970 as follows:
"Nothing in this Act shall be construed to supersede or in any manner affect any Workers'
Compensation Law or to enlarge or diminish or affect in any manner the common law or statutory
rights, duties, or liabilities of employers and employees under any law with respect to injuries,
diseases or death of employees arising out of, or in the course of employment."
General Conditions
4.7 Provisions Required by Law Deemed Inserted
Each and every provision of law or clause required by law to be inserted in this contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though they were
included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, the contract shall forthwith be physically amended
to make such insertion.
5. Responsibilities and Obligations of Contractor
5.1 General
The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all
supplies and materials, machinery, equipment, facilities and means, except as herein otherwise
expressly specified, necessary or proper to perform and complete all the work required by this
contract, within the time herein specified, in accordance with the provisions of this contract and said
specifications, in accordance with the drawings covered by this contract any and all supplemental
plans and drawings, and in accordance with directions of the Resident Engineer as given from time to
time during the process of the work. He shall furnish, erect, maintain and remove such construction
plant and such temporary works as may be required.
All work shall be done under the direct supervision of the Contractor. The Contractor shall provide a
safe place for the performance of the work by the Contractor, Subcontractors, suppliers, and their
employees and for access, use, work, or occupancy by all authorized persons.
The Contractor shall observe, comply with and be subject to all terms, conditions, requirements and
limitations of the Contract Documents and shall do, carry on and complete the entire work to the
satisfaction of the Owner and the Resident Engineer.
The Contractor shall in no way be relieved of his responsibility by any right of the Resident Engineer
to give permission or issue orders relating to any part of the work, by any such permission given or
orders issued, or by failure of the Resident Engineer to give such permission or issue such orders.
5.2 Subcontracting
A. The Contractor may utilize the services of specialty Subcontractors on those parts of the work
which, under normal contracting practices, are performed by specialty Subcontractors.
B. The Contractor shall not assign or sublet any part of the work without prior written acceptance by
the Owner. Acceptance by the Owner will be based on written statements from the Contractor
containing such information on the requested assignment as the Owner may require. Acceptance
of Subcontractors by the Owner will not be made until after award of the Contract to the Contractor.
C. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his
Subcontractors and of persons either directly or indirectly employed by them, as he is for the acts
and omissions of persons directly employed by him.
D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to
the work to bind Subcontractors to the Contractor by the terms of the General Conditions and other
of the Contract Documents insofar as applicable to the work of Subcontractors and to give the
Contractor the same power as regards terminating any subcontract as the Owner may exercise over
the Contractor under any provisions of the Contract Documents.
General Conditions
E. Nothing contained in this contract shall create any contractual relation between any
Subcontractor and the Owner.
5.3 Protection of Work and Property
The Contractor shall continuously maintain adequate protection of all his work and materials from
damage or theft and shall protect the Owner's property and all adjacent property from injury or loss
arising in connection with activities under this contract. The Contractor shall make good any such
damage, injury, or loss, except such as may be caused by agents or employees of the Owner.
The Contractor will be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work. He will take all necessary protection to prevent damage,
injury or loss to all employees on the work and other persons who may be affected thereby, all the
work and all materials or equipment to be incorporated therein, whether in storage on or off the site,
and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavement,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction. He shall designate a responsible member of his organization on the work, whose
duty shall be the prevention of accidents and the name of the person so designated shall be reported
to the Resident Engineer and Owner in writing. In an emergency affecting the safety of life, or of
the work or adjoining property, the Contractor, without special instruction or authorization from the
Resident Engineer or Owner, is hereby permitted to act, at his discretion, to prevent such threatened
loss or injury, and he must take such action if so instructed or authorized by the Resident Engineer
or Owner.
The Contractor shall take all precautions to prevent damage to the work by storms or by water
entering the site of the work. In case of damage by storm or water, the Contractor shall make such
repairs or replacements or rebuild such parts of the work as the Resident Engineer may require in
order that the finished work may be completed as required by the Contract Documents.
5.4 Utilities - Notification and Mark Out
PART ONE - GENERAL
A. Work Included
B. Requirements for notifying utility owners and marking out existing utilities on the site.
C. Related Topics
D. Test Pits
E. System Description
F. Prior to construction, Contractor shall notify in writing Owners of utilities and structures
within the vicinity of the proposed work.
G. Contractor shall provide the OWNER with a List of all owners of utilities and structures
contacted, including the time and date of contact and the names of responsible
individuals contacted.
H. Contractor shall be responsible for full mark out of existing utilities and structures
sufficiently in advance of the work to allow for a Field Evaluation of the routing of the
General Conditions
work. Contractor shall not proceed with work where utilities have not been located and
marked by utility companies or others.
I. The Contractor shall maintain the mark out of existing utilities and structures until the
work in the vicinity of the marked out utilities and structures has progressed sufficiently
in advance thereof that their location is no longer required.
J. Site Conditions
K. The locations of all utilities and structures as shown on the Drawings are based on the
best information available, but neither the Owner nor the Engineer or Construction
Manager guarantee the accuracy or completeness of the data.
L. Other utilities and structures may exist within the construction site in addition to those
shown on the Drawings.
M. House service utility lines are not shown on the Drawings. The Contractor shall be
responsible for checking these services as to actual locations and possible
interferences.
N. Whenever temporary support or relocation of public or private facilities is necessitated

to complete the Project, all such temporary support or relocation costs shall be borne by
the Contractor.
O. When water, sewer, and gas house connections, boxes, cleanouts and valves must be
relocated or replaced to carry out this Project, the cost of such work shall be included in
the various items in the Bid.
5.5 Waste Materials Disposal
Waste material common to construction shall include but not be limited to the following:
Solid Waste: Equipment and material resulting from work, pieces of steel or concrete, trees,
stumps, wire, grit, rubbish and construction debris generated by construction activities and rubble.
Liquid or Semi-Liquid Waste: Cleanings from inside pipe, include grit, sludge and miscellaneous
debris.
The Contractor shall collect and promptly dispose of all waste materials in the area of the work.
Clean-up shall be done on a regular basis.
All materials and equipment which are not designated as re-usable or salvageable by the owner
shall become the property of the Contractor. However, all materials and equipment designated as
re-usable or salvageable by the Owner shall be carefully removed so as to cause minimum damages
and safely stored by the Contractor until accepted by the Owner.
Waste materials shall not be burned or buried on the work site.
Containers suitable for the collection and disposal of waste shall be provided.
Waste materials shall be disposed of at sites approved by the NJ DEP's Office of Solid Waste
Administration, which are compatible with the nature of materials being disposed.
General Conditions
A complete listing of sites currently authorized by the NJ DEP may be obtained from the Office of
Solid Waste Administration, NJ DEP, 32 East Hanover Street, Trenton, NJ 08625 Phone:
(609) 984-4083.
Waste materials shall be transported by vehicles properly licensed to transport solid waste by the
NJ DEP, Office of Solid Waste Administration.
Location of proposed disposal site and receipts for material shall be submitted to the Engineer.
5.6 Indemnity
The Contractor shall indemnify and save harmless the Owner, the Owner's agents, including the
Engineer and his consultants and the Owner's employees, from and against all losses and claims,
demands, payments, suits, actions, recoveries and judgments of every nature and description
brought or recovered against them by reason of any act or omission of the said Contractor, his
agents, or employees, in the execution of the work or in guarding same.
5.7 Non-Interference With and Protection of Public
The Contractor shall conduct his work so as to interfere as little as possible with private business
and public travel. Wherever necessary or required, and at his own expense, he shall maintain
fences, furnish watchmen, maintain lights and take such precautions as may be necessary to protect
life and property.
5.8 Supervision of Work
The Contractor shall give the work the constant attention necessary to facilitate the progress thereof
and shall cooperate with the Engineer in every possible way.
The Contractor shall employ only workmen who are competent to perform the work assigned to
them and in the case of skilled labor who are adequately trained and experienced in their respective
trades and who do satisfactory work.
Any employee of the Contractor who is connected with the work and should prove quarrelsome,
dishonest, incompetent or inexperienced or does not work for the good of the job shall, upon
written notice from the Owner, be removed by the Contractor and replaced by an employee with
proper qualifications. At all times, the Contractor shall have as his agent on the work a competent
superintendent, who is acceptable to the Owner and capable of reading and thoroughly
understanding the plans and specifications.
The superintendent on the work shall have full authority to act for the Contractor and to execute the
orders or the directions of the Engineer without delay and supply promptly such materials, equipment,
tools, labor and incidentals as may be required. It shall be the responsibility of the superintendent to
coordinate the work of all Subcontractors.
The Contractor shall not sell and shall neither permit nor suffer the introduction or use of intoxicating
liquors upon or about the work embraced in this contract.
5.9 Assignment
The Contractor shall constantly give his personal attention to the faithful prosecution of the work,
shall keep the same under his personal control, shall not assign, by power of attorney or other wise
General Conditions
or sublet the work as a whole or substantial part of whole, without the previous written consent of
the Owner, and shall not either legally or equitably assign any of the monies payable under this
agreement, or his claim thereto, unless by and with the like consent of the Owner and the surety of
the bond.
5.10 Labor Provisions
The Contractor shall employ only competent personnel to perform the work and shall discharge,
whenever ordered to do so by the Engineer, any employee who is disorderly or whose conduct in
the opinion of the Engineer is detrimental to the prosecution of the work.
No person whose age or physical condition is such as to make his employment dangerous to his
health and safety or to the health and safety of others shall be employed on the work.
5.11 Wage Rates
1. “Workers shall be paid not less than such prevailing wage rate;”
2. “In the event it is found that any worker, employed by the contractor or any subcontractor
covered by said contract, has been paid a rate of wages less than the prevailing wage required
to be paid by such contract, the public body, the lessee to whom the public body is leasing a
property or premises or the lessor from whom the public body is leasing or will be leasing a
property or premises may terminate the contractor's or subcontractor's right to proceed with the
work, or such part of the work as to which there has been a failure to pay required wages and to
prosecute the work to completion or otherwise.”
5.12 Employ Sufficient Labor and Equipment
If in the opinion of the Engineer the Contractor is not employing sufficient labor and equipment to
complete this contract within the time specified, the Engineer may, after giving written notice, require
the Contractor to employ such additional labor and equipment as may be necessary to enable the
work to progress properly. If the Contractor continues after receiving such notice to prosecute the
work in an insufficient manner, the Owner may terminate the contract or take over part of the work as
specified in Article 5.2 of the General Conditions entitled "Owner's Right to Take Over the Work."
5.13 Access to Work
For purposes already specified and for any other purpose, the Owner, the Engineer, and their agents
and employees may enter upon the work and the premises used by the Contractor, and the
Contractor shall provide safe and proper facilities therefor.
Representatives of federal, state, county and local government departments may enter the work site
for the purpose of inspection and verifying that their requirements are being fulfilled. The Contractor
shall provide them the same facilities as he would the Owner or Engineer.
5.14 Examination of the Work
The Owner, the Engineer and their representatives shall at all times, be furnished with every
reasonable facility for ascertaining that the equipment and materials used and employed and the
workmanship are in accordance with the requirements and intentions of the Contract Documents. All
work done and all materials furnished shall be subject to their inspection and acceptance.
General Conditions
The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his contract
as prescribed and unacceptable work shall be made good and unsuitable materials shall be rejected
notwithstanding that such unacceptable work and materials have been previously overlooked and
accepted on estimates for payment. All work shall be tested to the satisfaction of the Resident
Engineer before acceptance.
5.15 Unacceptable Work
The Contractor shall promptly remove from the premises all work and materials rejected by the
Resident Engineer as failing to conform to the Contract Documents, whether incorporated or not and
the Contractor shall promptly replace and re-execute his own work in accordance with the contract.
If the Contractor does not correct such defective work or remove and replace such rejected work
within a reasonable time, all as specified in a written notice, the Owner may have the deficiency
corrected or the rejected work removed and replaced. All direct or indirect costs of such correction
or removal and replacement, including compensation for additional professional services, shall be
paid by the Contractor and an appropriate deductive change order shall be issued. The Contractor
will also bear the expenses of making good all work of others destroyed or damaged by correction,
removal or replacement of his defective work.
5.16 Mistakes of the Contractor
The Contractor shall make good any defect, omission, or mistake for which he or his employees are
responsible, or he shall pay to the OWNER all expenses, losses and damages incurred therefrom
as determined by the Resident Engineer.
5.17 Facilities and Utilities
The Contractor shall be deemed to have examined the site and to have secured full knowledge of all
conditions under which the work is to be executed and completed, including the available roadway,
rail and other approaches to the site and the space available for work areas, storage and for temporary
offices and sheds.
The site and approach facilities are to be used with due regard for the Owner's requirements thereof
and the requirements of others who may have been engaged by the Owner. If it should become
necessary to move the materials or facilities of the Contractor, he shall do so upon request of the
Owner or the Engineer; expense, so incurred, shall be borne by the Contractor unless the request
involves a movement from a previously approved working or storage area.
5.18 Prices for Work
The Owner shall pay and the Contractor shall receive, the prices stipulated in the Bid attached hereto
as full compensation for everything furnished and done by the Contractor under this contract, including
all work required, but not specifically mentioned, and also for all loss or damage arising out of the
nature of the work aforesaid, from the action of the elements or from any unforeseen obstruction or
difficulty encountered in the prosecution of the work, for all expenses incurred by or in consequence
of the suspension or discontinuance of the work as herein specified, and for well and faithfully
completing the work and the whole thereof, as herein provided.
5.19 Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work, either before or after the start
of construction, by reason of any litigation or other reason beyond the control of the Owner, the
General Conditions
Contractor shall not be entitled to make or assert claim for damage by reason of said delay, but time
for completion of the work will be extended to such reasonable time as the Owner may determine will
compensate for time lost by such delay with such determination to be set forth in writing.
5.20 Delays and Extension of Time
If the Contractor is delayed at any time in the progress of the work by an act or neglect of the Owner
or the Engineer, or of any employee of either, or by changes ordered in the work, or by lockouts, fire,
unavoidable casualties, or by delay authorized by the Resident Engineer, or by any cause which the
Resident Engineer shall decide to justify the delay, then the time of completion may be extended for
such reasonable time as the Owner may decide; but the Contractor shall have no right to, nor shall he
make any claim whatsoever for damages for additional compensation by reason of the delay.
No extension shall be made for a delay occurring more than ten (10) days before a claim therefore
is made in writing to the Resident Engineer. In the case of a continued cause of delay, only one
claim is necessary.
5.21 Emergency Services to Correct Hazardous Conditions
The Contractor shall at all times after regular working hours, including weekend and holidays, maintain
a telephone where he or his representative can be reached on an emergency basis. The Contractor
or his representative shall be prepared to act to correct conditions on the site deemed to constitute an
emergency by either the Owner, his agent, the Engineer or local authorities, but shall not wait for
instructions before proceeding to properly protect both life and property. If a condition on the site
requires attention after working hours, either the Owner, agent, Engineer, or local authority shall call
the Contractor or his representative at the emergency telephone number, identify himself and describe
the emergency condition. The Contractor is expected to dispatch employees and equipment to
adequately institute corrective measures within two (2) hours. If, for some reasons, the Contractor or
his agent cannot be reached at the emergency number after a reasonable time (1/2 hour), the Owner
shall have the right to immediately initiate corrective measures at the Contractor's expense.
In the event that the Contractor fails to maintain safe job conditions and traffic conditions, the
Owner, after failure of the Contractor to commence substantial steps at the job site to rectify the
situation within two (2) hours of the time the Contractor has been notified of the unsafe condition,
may hire guards, take such precautions, make such repairs and take any other steps which the
Owner or the Owner's agent, in its discretion, considers necessary to protect the property,
persons, or the Owner. The cost of any of these precautions, guards, or steps shall be deducted
from the payments due the Contractor, and the Contractor will be billed for these services, work
and material at prevailing rates.
5.22 Private and Public Property
The Owner will acquire all property, including rights-of-way and easements necessary for construction.
Any land and access thereto not specifically shown to be furnished by the Owner that may be required
for temporary construction facilities or for storage of materials shall be provided by the Contractor with
no liability to the Owner. The Contractor shall confine his apparatus and storage to such additional
areas as he may provide at his expense.
The Contractor shall not enter upon private property for any purpose without obtaining permission of
the property owner and he shall be responsible for the preservation of all public property, trees,
monuments, structures and improvements, along and adjacent to the street or right-of-way, and shall
use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions
to prevent damage to pipes, conduits and other underground structures and shall protect carefully
General Conditions
from disturbance or damage all monuments and property marks until an authorized agent has
witnessed or otherwise referenced their location and shall not remove them until directed.
5.23 Time for Completion and Liquidated Damages
The Contract Documents are intended to be between the Contractor and the Owner, that the date of
beginning and the time for completion as specified in the agreement of the work to be done hereunder
are essential conditions of this contract, and it is further mutually understood and agreed that the work
embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at
such rate of progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the Contractor and the Owner, that the time for the
completion of the work described herein is a reasonable time for the completion of the same, taking
into consideration the average climatic range and usual industrial conditions prevailing in this locality.
The Contractor and the Owner recognize that delay in completion of the project will result in damage
to the Borough in terms of effect of the delay in the use of the project upon the public convenience
and economic development of the Borough and will also result in additional cost to the Owner for
engineering, inspection and administration of the contract.
Because some of this damage is difficult or impossible to estimate, the parties agree that if the
Contractor fails to complete the project and each and every part and appurtenance thereof fully,
entirely and in conformity with the provisions of the contract within the time stated in the contract, the
Contractor shall pay the Owner, liquidated damages, in accordance with the following schedule, in lieu
of the above stated actual damage. Such liquidated damages shall be paid for each and every day,
as hereinafter defined, that he is in default on time to complete the work.
Schedule of Liquidated Damages for Each Day of
Overrun in Contract time
CONTRACT FROM MORE TO AND INCLUDING PER CALENDAR DAY

THAN
0 10,000.00 100
10,000.00 25,000.00 150
25,000.00 50,000.00 250
50,000.00 100,000.00 375
100,000.00 500,000.00 500
500,000.00 1,000,000.00 750
1,000,000.00 2,000,000.00 1,000
2,000,000.00 5,000,000.00 2,000
5,000,000.00 10,000,000.00 3,000
10,000,000.00 20,000,000.00 4,000
20,000,000.00 ----- 5,000
It is further agreed that time is of the essence of each and every portion of this contract, and of the
specifications wherein a definite and certain length of time is fixed for the performance of any act
whatsoever, and where under the contract additional time is allowed for the completion of any work.
The new time limit fixed by such extension shall be of the essence of this contract, provided that the
General Conditions
Contractor shall not be charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and the Contractor's reasons for the time extension
are acceptable to the Owner, provided, further, that the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in completion of the work is due;
A. To any preference, priority or allocation order duly issued by United States Government;
B. To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, Acts of God, or of the public enemy, acts of the Owner, acts
of another contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, freight embargoes, and severe weather, and;
C. To any delays of Subcontractors or suppliers occasioned by any of the causes specified in

subsections (A) and (B) of this article.
Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay,
unless the Owner shall grant a further period of time, prior to the date of final settlement of the
contract, notify the Owner, in writing, of the causes of the delay. The Owner shall ascertain the facts
and extent of the delay and notify the Contractor within a reasonable time of its decision in the
matter.
If the Contractor does not finish his work within the time for completion specified, the Owner shall
have full authority to and may deduct and retain from the final estimate an amount to cover the
actual cost of inspection services paid by the Owner for the time of completion specified and the
date the Contractor fully completes his contract. This amount to be deducted is in addition to the
claim for liquidated damages.
Extensions of time may be granted by the Owner by reason of unusual difficulty or for other causes
deemed by the Owner to be good and sufficient, and the Owner will waive the inspection costs
aforesaid for the time of such extensions provided, however, that the Contractor shall pay any other
cost or damage attendant upon or resulting from any and all such extensions and provided further
that requests for extensions shall be accompanied by an approval, in writing, by the surety company
appearing as such on the bonds furnished by the Contractor in accordance with this contract.
5.24 Construction Layout
The Contractor shall verify all information, develop and make all detailed surveys necessary for
construction, including stakes for working points, lines and elevations.
The Contractor will be required to furnish all necessary qualified personnel acceptable to the
Engineer, and adequate equipment to preserve such controls throughout the duration of the contract
and to lay out all of the lines and grades necessary for the complete construction of the project.
The Contractor shall make all necessary computations to establish the exact position of all the work
from the control points which are shown on the plans or furnished by the Engineer.
The Contractor shall make all measurements and verify all dimensions necessary for the proper
construction of the work called for by the drawings and specifications.
Any error or apparent discrepancy found in the drawings or specifications shall be called to the
Engineer's attention for interpretation prior to proceeding with the work.
General Conditions
The Contractor shall be responsible for the finished work to conform to the lines and grades called
for on the plans and he shall correct all errors caused by his personnel at his own expense.
No separate payment will be made for Construction Layout. The cost of construction layout,
which shall include the cost of construction survey, stakes, cut sheets, establishing lines and grades
and all else necessary and incidental to the work, shall be included in the various items of work for
which construction layout is required.
5.25 Daily Reports
5.26 Samples
All materials furnished by the Contractor to be incorporated in the work shall be subject to the review
and inspection of the Engineer, no material shall be processed or delivered to, the work area without
prior review of the Engineer, except at the risk of the Contractor.
Facilities and labor for the handling and inspection of all materials shall be furnished by the
Contractor. Defective materials shall immediately be removed from the site of work.
The Contractor shall submit to the engineer notarized certification of compliance from all material
suppliers.
After review of the samples, or reports, the materials used in the work shall correspond therewith.
5.27 Notarized Certification of Compliance
Materials or assemblies as specified will be accepted on the basis of certificates of compliance

stating that such materials or assemblies fully comply with the requirements of the contract.
Materials or assemblies used on the basis of certificates of compliance may be sampled and tested
at any time and if found not to be in conformity with the contract requirements, will be subject to
rejection whether in place or not.
The Contractor shall require the manufacturer or supplier to furnish three (3) copies of Certificates
of Compliance with each delivery of materials, components and manufactured items that are
acceptable by certification.
Certificates of Compliance shall contain the following information:
1. Project and location to which the material is consigned.

2. Name of the Contractor to which the material is supplied.
3. Kind of material supplied.
4. Quantity of material represented by the certificate.
5. Means of identifying the consignment, such as label marking, seal number, etc.
6. Date and method of shipment.
7. Statement that the material has been tested and found in conformity with the pertinent
contract requirements stated in the certificate.
8. Signature of a person having legal authority to bind the supplier.
9. Signature attested to by a notary public or other properly authorized person.
Payments relative to materials specified to be accepted on the basis of certificates of compliance

shall not be made until the Engineer has in his possession an acceptable Certificate of Compliance.
General Conditions
5.28 Shop Drawings
The Contractor shall submit for the review of the Engineer shop drawing for all prefabricated work
and for all manufactured items required to be furnished in the contract as required by the
specification.
When submitted for the Engineer's review, shop drawings shall bear the Contractor's certificate that
he has reviewed, checked and approved the shop drawings and that they are in conformance with
the requirements of the contract documents.
By approving and submitting shop drawings, the Contractor represents that he has determined and
verified all field measurements and quantities, field construction criteria, materials, catalog numbers
and similar data, and that he has reviewed and coordinated the information in the shop drawings
with requirements of the work and the contract documents.
Engineer's review of the Contractor's shop drawings shall be considered as a service given as
assistance to the Contractor in interpreting the requirements of the contract and in no way shall it
relieve the Contractor of any of his responsibilities under the contract. Any fabrication, erection,
setting or other work done in advance of the receipt of shop drawings returned by the Engineer and
noted as "APPROVED" shall be entirely at the Contractor's risk.
The Engineer's review will be confined to general arrangement and compliance with the contract
plans and specifications only and will not be for the purpose of checking dimensions, weights,
clearances, fittings, tolerances, interferences or coordination of trades. Shop drawings submitted
by subcontractors shall be sent direct to the Contractor for approval. The contractor shall be
responsible for their submission to the Engineer. The Contractor shall thoroughly check all
subcontractor's shop drawings as regards measurements, sizes of members, materials and details
to satisfy himself that they conform to the contract plans and specifications. Drawings found to be
inaccurate or otherwise in error shall be returned to the subcontractor by the Contractor for
correction before submitting them to the Engineer.
All details on shop drawings submitted for review shall clearly show the relation of the various parts
and where the work depends upon field measurements, such measurements shall be obtained by
the Contractor and noted on shop drawings before being submitted for review.
Sufficient space on the shop drawings near the title box should be provided for stamps and review
comments. The shop drawings shall bear the initials of the detailer's checker prior to submission.
all dimensional coordination shall be done by the Contractor or his detailer. All submissions shall
be properly referenced to indicate clearly the specification section, location, service and function of
each particular item. All submissions for one item or group of related items shall be complete.
Where manufacturer's publications in the form of catalogs, pamphlets or other data sheets are
submitted in lieu of prepared shop drawings, such as submissions shall specifically indicate the item
for which review is requested. Identification of items shall be made in ink and submissions showing
only general information are not acceptable.
If the shop drawings contain any departures from the contract requirements, specific mention thereof
shall be made in the Contractor's letter of transmittal. Where such departures require revisions to
layouts or structural changes to the work as shown the Contractor shall at its own expense, prepare
and submit revised layout drawings for review. Revision drawings shall include design calculations
prepared by a Professional Engineer. Such drawings shall be the same size as the contract
drawings unless specified otherwise.
General Conditions
The Contractor shall coordinate all reviewed equipment shop drawing with shop drawings of related
new and altered structures, supports, piping, electrical and mechanical work to insure proper
accommodation of the furnished equipment. Shop drawings for structures, supports, piping,
electrical and mechanical work, which are contingent upon the specific equipment furnished, shall
not be submitted until the equipment shop drawings have received final acceptance.
No work shall be done upon any part of a structure until the necessary review is conducted by the
Engineer.
Six (6) sets of all shop or working drawings shall be submitted, unless otherwise specified, to the
Engineer by the Contractor. Only drawings which have been checked and corrected by the material
fabricator should be submitted.
The Contractor shall be responsible for the prompt submission of all shop or working drawings, so
that there shall be no delay to the work due to the absence of such drawings. Shop drawings shall
be either 8 1/2 by 11 inches or 24 by 36 inches.
Two (2) copies of reviewed shop drawings will be returned to the Contractor.
5.29 Dimensioning Responsibilities
All working dimensions shall be taken from the figured dimensions or by actual measurements at
the work and in no case by scaling the prints. The Contractor shall study and compare all drawings
and verify all figures before laying out or constructing the work and shall be responsible for any and
all errors in the Contract work which might have been avoided thereby. Whether or not any error is
believed to exist, deviations from the drawings and the dimensions given thereon shall be made
only after acceptance in writing is obtained from the Engineer. The Contractor shall take all
measurements of existing established conditions notwithstanding the figured dimensions on the
drawings. When figured dimensions are not in agreement with the Contractor's measurements, the
Engineer shall be immediately notified and the Engineer will promptly adjust the same.
The contract drawings are intended to show the general arrangement and extent of work to be
performed. The locations for materials as shown on the drawings are approximately correct. But is
shall be understood that they are subject to such modifications as may be found necessary to meet
job conditions.
5.30 Environmental Protection
Environmental protection requirements shall be in accordance with the 2007 NJ DOT Standard
Specifications as amended herein.
5.31 Environmental Protection
No separate payment will be made for this work.
The following is added to this Subsection of the Standard Specifications:
TEMPORARY PROJECT WATER POLLUTION CONTROL (SOIL EROSION)

DESCRIPTION
This work shall consist of temporary control measures as shown on the Plans or ordered by the
Engineer during the life of the Contract to control water pollution, through use of berms, dikes, dams,
General Conditions
sediment basins, fiber mats, netting, gravel, mulches, grasses, slope drains and other erosion control
devices or methods.
The primary objective of this special provision is to control soil erosion to the maximum extent
practicable commensurate with reasonable and economical highway construction practices.
The temporary pollution control provisions contained herein shall be coordinated with the permanent
erosion control features specified elsewhere in the Contract to the extent practical to assure
economical, effective and continuous erosion control throughout the construction and post-
construction period.
MATERIALS
A. Mulches may be hay, straw, fiber mats, netting, wood cellulose corn or tobacco stalks,
bark, corn cobs, wood chips, or other suitable material acceptable to the Engineer and shall be
reasonably clean and free of noxious weeds and deleterious materials.
B. Slope drains may be constructed of pipe, fiber mats, rubble, portland cement concrete,
bituminous concrete, plastic sheets, or other material acceptable to the Engineer that will
adequately control erosion.
C. Grass shall be a quick growing species (such as Rye Grass, Italian Rye Grass, or Cereal
Grasses) suitable to the area providing a temporary cover which will not later compete with the
grasses sown later for permanent cover.
D. Fertilizer and soil conditioners shall be a standard commercial grade acceptable to the
Engineer.
E. Others as specified by the Engineer.
The following is added to this Subsection:
F. Erosion Control Items
DESCRIPTION
This work shall consist of the construction of various erosion control items.
MATERIALS
Bales shall be made of hay, straw or salt hay and shall be bound with wire.
Pipe for slope drains may be flexible, rigid or of heavy duty fabric.
Wood Stakes……………………………………………………………………………. 909.07

Coarse Aggregate………………………………………………………………………. 901.03
Fine Aggregate…………………………………………………………………………. 901.13
Riprap Stone…………………………………………………………………………….. 901.17
Mortar and Grout ………………………………………………………………… 914.03
Wire and Welded Wire………………………………………………………………….. 915.03
Miscellaneous Materials……………………………………………………………….. 909.11
Filter fabric shall be a woven or non-woven fabric, consisting of long chain polymeric filaments or yarns
such as polypropylene, polyethylene, polyester, polyamine or polyvinylidene chloride formed into a
stable network such as the filaments or yarns retain their relative position to each other.
General Conditions
The fabric shall be inert to commonly encountered chemicals and be ultraviolet protected offering a
stable long-lasting product conforming to at least the following:
Weight: 2.5-oz./sq. yd. .................................................. ASTM D 1910

Thickness: 10 mils ........................................................ ASTM D 1977
Grab Tensile: 100 lbs.................................................... ASTM D 4632
Elongation to Break: 10 pct. ........................................ ASTM D 4632
Trapezoidal Tear: 50 lbs. Plus...................................... ASTM D 4533
Hydraulic Burst: 190 lbs................................................ ASTM D 3786
Permitivity: 0.01 sec.
The fabric width shall be at least 3 feet wide to allow for a 2-foot high fence after 1 foot is buried in
existing soil.
CONSTRUCTION REQUIREMENTS
Bales shall be anchored into the ground and graded so that the bales are parallel with the surface.
Damaged bales shall be replaced as necessary.
Joined sections in silt fence shall be done in such a manner that when in operation it shall work
effectively as a continuous fence. The post shall be installed at a slight angle toward the anticipated
runoff source.
Portable slope drainpipe shall be fastened to the slope by a method approved by the Engineer. The
pipe system shall be inspected for clogging and rips or breaks and shall be cleaned and repaired, as
directed by the Engineer.
The portable pipe may be a flexible, rigid or heavy duty fabric type pipe and shall have the capability
of mobility and length change to adjust to new locations. Bidders are advised that no payment will be
made for readjusting or relocating portable slope drains, unless additional pipe is required.
Roadway excavation, temporary erosion control consists of the excavation of whatever materials
encountered in order to create the geometric configuration of certain erosion control devices, not
covered for payment in other scheduled erosion control items.
Embankment, temporary erosion control consists of the placing and compacting of minor, irregular
embankments necessary to form erosion control devices not covered for payment under other items
of the Contract.
Embankments shall be approved project excavation or borrow excavation, if necessary, placed in

accordance with the Plans and compacted in accordance with Subsection 203.09 of the
Specifications or as directed by the Engineer. Borrow excavation shall only be used if suitable
project excavation is not available.
After completion of the construction, when the erosion control items are no longer needed, the
Contractor shall remove them, dispose of the accumulated silt, and grade fertilize and seed where
required.
The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing
and grubbing, the surface area of erodible earth material exposed by excavation, borrow and fill
operations and to direct the Contractor to provide immediate permanent or temporary pollution control
measures to prevent contamination of adjacent streams or other watercourses, lakes, ponds, or other
areas of water impoundment. Such work may involve the construction of temporary berms, dikes,
General Conditions
dams, sediment basins, slope drains, and use of temporary mulches, mats, seeding or other control
devices or methods as necessary to control erosion. Cut slopes shall be seeded and mulched as the
excavation proceeds to the extent considered desirable and practicable.
The Contractor will be required to incorporate all permanent erosion control features into the
Project at the earliest practicable time as outlined in his accepted schedule. Temporary pollution
control measures will be used to correct conditions that develop during construction that were
not foreseen during the design stage; that are needed prior to installation of permanent pollution
control features; or that are needed temporarily to control erosion that develops during normal
construction practices, but are not associated with permanent control features on the Project.
Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled
and performed that grading operations and permanent erosion control features can follow
immediately thereafter if the Project conditions permit; otherwise temporary erosion control
measures may be required between successive construction stages. Under no conditions shall the
surface area of erodible earth material exposed at one time by clearing and grubbing, exceed 5,000
square feet without approval by the Engineer.
The Engineer will limit the area of excavation, borrow and embankment operations in progress
commensurate with the Contractor's capability and progress in keeping the finish grading, mulching,
seeding, and other such permanent pollution control measures current in accordance with the
accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary
erosion control measures shall be taken immediately to the extent feasible and justified.
Under no conditions shall the amount of surface area of erodible earth material exposed at one time
by excavation, borrow or fill within the right-of-way exceed 5,000 square feet without approval by
the Engineer.
The limitations on the clearing and grubbing operation and the grading operation are separate. The
maximum area that may be underway at one time, subject to modification by the Engineer as
hereinafter specified, is 5,000 square feet of clearing and grubbing, and 5,000 square feet of grading.
The Engineer may increase or decrease the amount of surface area of erodible earth material to be
exposed at one time by clearing and grubbing, excavation borrow and fill operations as determined
by his analysis of Project conditions.
Project soil conditions and the demonstrated ability and performance of the Contractor in controlling
erosion will be the prime factors used by the Engineer in the determination of whether areas smaller
or larger than 5,000 square feet are reasonable.
Temporary pollution control may include construction work outside the right-of-way where such work
is necessary as a result of roadway construction such as borrow pit operations, haul roads and
equipment storage sites.
The erosion control features installed by the Contractor shall be properly maintained by the Contractor
to the satisfaction of the Engineer.
In the event of a conflict between these requirements and pollution control laws, rules or regulations
of other Federal or State or Local Agencies, the more restrictive laws, rules or regulations shall
apply.
General Conditions
METHOD OF MEASUREMENT
Soil Erosion and Sediment Control will not be measured and the cost shall be included in the
various Bid Items of the Contract.
5.32 Progress Videos
The Contractor is to employ a competent photographer to take Preconstruction Videos of the Project
site. The videos shall be color DVDs depicting existing conditions before construction is begun.
The videos should be narrated stating the date and time that they are taken. The videos should
also show both sides and directions along the right-of-way and note all existing problem
conditions with the associated property address. A copy of the pre-construction videos shall be
provided to the Engineer’s office.
All costs of preconstruction videos shall be included in the overall Contract price.
6. Responsibilities and Obligations of the Owner
6.1 Land of Owner, Use of by Contractor
The Owner shall provide the necessary land and easements upon which the work under this contract
is to be done, and will, so far as is necessary, permit the Contractor to use as much of the land and
easements as is required for the erection of temporary construction facilities and storage of materials,
together with the right of access to same, but beyond this, the Contractor shall provide, at his cost and
expense, any additional land required.
6.2 Owner's Right to Take Over the Work
If the contractor should be adjudged a bankrupt, or if he should make a general assignment for the
benefit of his creditors, or if a receiver should be appointed to take over his affairs, or if he should fail
to prosecute his work with due diligence and carry the work forward in accordance with his work
schedule and the time limits set forth in the Contract documents, or if he should fail to substantially
perform one or more of the provisions of the Contract documents to be performed by him, the Owner
may serve written notice on the Contractor, stating its intention to exercise one of the remedies
hereinafter set forth and the grounds upon which the Owner bases its right to exercise such remedy.
In any event, unless the matter complained of is satisfactorily cleared within ten (10) days after service
of such notice, the Owner may, without prejudice to any other right or remedy, exercise one of such
remedies, at once.
A. The Owner may terminate the services of the Contractor, which termination shall
take effect immediately upon service of notice thereof on the Contractor and his
surety, whereupon the surety shall have the right to take over and perform the
contract. If the surety does not commence performance of the contract within ten
(10) days after service of the Notice of Termination, the Owner may take over the
work, take possession of and use all materials that have been delivered to the site
and paid for, and prosecute the work to completion by such means as it shall deem
best. In the event of such termination of his service, the contractor shall not be
entitled to any further payment under his contract until the work is completed and
accepted. If the Owner takes over the work and if the unpaid balance of the contract
price when the Owner takes over the work exceeds the cost of completing the work,
including compensation for any damages or expenses incurred by the Owner
through the default of the contractor, such excess shall be paid to the contractor. In
such event, if such cost, expenses, and damages shall exceed such unpaid balance
General Conditions
of the contract price, the Contractor and his surety shall pay the difference to the
Owner. Such cost, expenses and damages shall be certified by the Resident
Engineer.
B. The Owner may take control of the work and either make good the deficiencies of
the Contractor itself or direct the activities of the contractor in doing so, employing
such additional help as the Owner deems advisable. In such event the Owner shall
be entitled to collect from the contractor and his surety, or to deduct from any
payment then or thereafter due the Contractor, the costs incurred by it through the
default of the Contractor, provided the Engineer approves the amount thus charged
to the Contractor.
C. The Owner may require the surety on the Contractor's bond to take control of the
work at once and see to it that all deficiencies of the Contractor are made good with
due diligence. As between the Owner and the surety, the cost of making good such
deficiencies shall all be borne by the surety. If the surety takes over the work, either
upon termination of the services of the contractor our upon instructions from the
Owner to do so, the provisions of the Contract Documents shall govern in respect to
the work done by the surety, the surety being substituted for the Contractor as to
such provisions, including provisions as to payment for the work and provisions of
this section as to the right of the Owner to do the work itself or to take control of the
work.
6.3 Right of Occupancy
The Owner shall have the right, if necessary, to take possession of and to use any completed or
partially completed portions of the work, if such use is approved by the engineer even if the time for
completing the entire work or such portions of the work has not expired and even if the work has not
been finally accepted.
Such possession and use shall not constitute final contract acceptance of such portions of the work.
The Owner shall not have the right of such possession and use if it materially interferes with the
Contractor's operations. The Owner shall also have the right to enter the premises for the purpose of
doing work not covered by its contract with the Contractor.
6.4 Permits
The owner will obtain at his own expense certain permits from the federal government, state, county
and other agencies that are required for the project. These permits are listed in Special Conditions.
The Contractor shall obtain, at his own expense, permits to use explosives for rock excavation and
such other permits as are required by law to be obtained by the Contractor. When necessary, or
appropriate, the Contractor shall assist the Owner in the acquisition of permits.
7. Authority of the Engineer
7.1 Engineer's Status During Construction
The Engineer shall be the Owner's consultant in support of and through the Resident Engineer.
The duties and responsibilities and the limitations of authority of the Engineer as the Owner's
representative during construction are set forth in the Contract Documents and shall not be
extended without written consent of the Owner and the Engineer.
Neither the Engineer nor the Resident Engineer is responsible for the Contractor's means,
General Conditions
methods, techniques, sequences, procedures of construction, or the safety precautions and
programs incident thereto and will not be responsible for Contractor's failure to perform the work
in accordance with the Contract Documents.
The Engineer will have authority to disapprove of or reject work which is defective. He will also
have authority to require special inspection or testing of the work whether or not the work is
fabricated, installed or completed.
Neither the Engineer's authority to act under this Article nor any decision made by him on goof
faith, either to exercise or not to exercise such authority, shall give rise to any duty or
responsibility of the engineer to the Contractor and subcontractor, any of their agents or
employees or any other person performing any of the work.
7.2 Engineer's Interpretations and Decisions
A. The Engineer through the Resident Engineer, will issue with reasonable promptness such
written clarifications or interpretations (in the form of drawings or otherwise) as he may determine
necessary for the proper execution of the work, such clarifications and interpretations to be
consistent with or reasonably inferable from the overall intent of the Contract Documents. If the
Contractor believes that written clarification and interpretation entitles him to an increase in the
contract price, he may make a claim therefor as provided in Article 7.
B. The Engineer will be the initial interpreter of the terms and conditions of the Contract
Documents and the judge of the performance thereunder. In his capacity as interpreter and judge
he will exercise his best efforts to insure faithful performance by both the Owner and the
Contractor. He will not show partiality to either and shall not be liable for the results of any
interpretations or decision rendered in good faith. Claims, disputes and other matters relating to
the execution and progress of the work or the interpretation of, or performance under the Contract
Documents shall be referred to the Resident Engineer who will refer it to the Engineer for
decision, which shall render in writing with a reasonable time.
8. Conduct of the Work
8.1 Negotiations of Contract Amendments, Change Orders and Extra Work.
This section covers changes in contract scope or contract time. Changes in contract scope shall be
work which was not included in the scope of the work at the time of forming the contract and will not
be construed to mean work for which unit bids were received, but the actual quantities differ from
the Bid quantities as a result field measurement or field survey.
Changes in the unit prices will not be renegotiated if actual quantities deviate from bid quantities.
The Resident Engineer, without invalidating the contract, may order extra work or make changes in
the work, adjusting the contract amount or contract time by a written change order. All such work shall
be executed under the conditions of the original contract. All such work shall be executed under the
conditions of the original contract.
The Owner or his representative shall have the authority to make minor changes in the work not
involving extra cost and not inconsistent with the scope of the work. On changes involving extra work
or changes in contract time, the Owner will direct the Contractor in writing to proceed with the
designated changes. The Contractor shall commence work upon receipt of the written order. Until the
value of the change order has been agreed upon by the Owner and Contractor using methods A, B,
or C described hereafter, time and material records will be kept as described in Method C.
General Conditions
All written change orders shall be on the approved contract modification proposal and acceptance
form that is inserted after the contract agreement.
Except in an emergency endangering life or property, no extra work or change shall be made unless
ordered in writing by the Owner, and no claim for an addition to the contract amount shall be valid
unless so covered.
The value of such extra work or change shall be determined by one or more of the following:
Method A. Unit prices or combinations of unit prices, which formed the basis of the
original contract or included in previous change orders and which shall be
considered to include the Contractor's overhead and profit. The Resident
Engineer may at his sole discretion, use prices for items of similar work
contained in a Contractor's bid item breakdown for lump sum contracts.
These items shall be considered to include allowances for overhead and
profit.
Method B. A lump sum based on the Contractor's estimate and accepted by the Owner
which shall include overhead and profit in accordance with the allowances
given in Item 2 below.
Method C. Actual Costs, Plus Overhead and Profit.
l. Actual costs are defined as follows:
a. Hourly actual wage rate for all workers directly assigned to the specific
operation including the foreman, but excluding wages and salaries paid to
other administrative or supervisory personnel.
b. Fringe benefits including, but not limited to, health and welfare, pension
and vacation funds.
c. Actual cost of all material used and incorporated into the permanent
construction, including freight and delivery charges as shown on original
receipted bills. For all materials not incorporated into permanent
construction, but necessarily involved in the performance of work, the
Contractor shall receive an amount equal to the actual cost of such materials,
less an allowance for the salvage value of such materials when they are no
longer required for performance of the work.
d. Actual additional costs of Contractor's general, public liability and property

damage insurance, workers' compensation insurance, social security tax,
state unemployment, compensation contributions and state temporary
disability benefits and other types of insurance which may be required for the
performance of the increased work.
e. Actual Contractor's equipment costs including fuels and lubricants. If the

Contractor rents equipment, he shall submit documentation acceptable to
the Owner to support such costs. If such cost exceeds the Associated
Equipment Distributors Standard rental rate or the Rental Rate Blue Book
rates, they will not be acceptable to the Owner. Equipment and tools having
a value of less than $50 are considered to be part of overhead as defined in
General Conditions
Section 2 below. Fuels and lubricants consumed by equipment shall be
included in their rental costs.
f. Costs for the preparation of shop drawings or cost estimates, which cost
shall be indicated separately in the change order. On change orders initiated
by the Contractor, the cost of the shop drawings or cost estimates will not be
allowable.
g. Actual cost of subcontracted work which must be supported by

documentation acceptable to the Owner and generally conforming to actual
costs as defined above.
2. Allowable percentages for overhead and profit shall

be determined as follows:
a. For changes in work not exceeding $10,000.00
(a.1) Contractor's actual identifiable, direct costs (excluding

Subcontractor's costs) plus ten (10) percent for overhead and up to ten (10)
percent profit factor applied to actual identifiable direct project costs plus
overhead.
(a.2) The overhead and profit factors noted in (a) above also apply
to increases in Subcontractor's actual identifiable direct project costs. The
prime Contractor may add up to ten (10) percent profit to the Subcontractor's
total costs (including overhead and profit).
(a.3) These overhead and profit factors may be accepted by the

Resident Engineer as reasonable in lieu of requiring the submission of
additional supporting data. However, the Owner reserves the right to review
any cost or profit element on a case-by-case basis, where the submission
for overhead and profit is in excess of the ten (10) percent overhead and ten
(10) percent profit indicated above.
b. For changes in the work in the amount of $10,000.00 to

$100,000.00, the above factors may be included initially for equitable
adjustments but will be subject to the negotiation, cost and pricing data and
Owner review requirements.
The Resident Engineer shall select a combination of any or all of the above methods for determining
the charge for contract amendments, change orders or extra work.
If the Resident Engineer selects Method A, “Unit Prices”, or Method B, “Lump Sum”, the
Contractor must furnish sufficient documentation to allow the Resident Engineer and the Owner to
determine the reasonableness of the unit price or lump sum proposed. This documentation may
include, but is not limited to , such items as purchase orders or invoices of equipment, or material
which is to be incorporated into the work, detailed quantities or material to be used, detailed
estimates of labor and equipment and any such items which may be required. Documentation for
the unit price or lump sum charges must be submitted in the same format required for the submission
of costs under Method C.
If the Resident Engineer selects Method C., the Contractor shall keep daily records of such extra
work and shall notify the Resident Engineer twenty-four (24) hours before commencement of work.
General Conditions
The daily records shall include the names of men employed and hours worked, materials and
equipment incorporated and machinery used, if any, in the prosecution of such extra work.
This daily record shall be signed by the Contractor's authorized representative and (if accepted) by
the Engineer, verifying the work accomplished and the materials and labor expended. Separate daily
records shall be submitted for each contract change order. Payment for extra work shall be made in
accordance with the Resident Engineer's accepted records of time, rentals and materials used. Rental
on equipment shall be charged against the extra or changed work only for the actual time the
equipment is used specifically therefor.
If said work requires the use of machinery not on the job, the cost of transportation, not exceeding a
distance of 100 miles, of such machinery to and from the work shall be added to the rental.
Changed work shall be adjusted, considering separately the work added and the parts omitted.
Amount of adjustment for parts omitted shall be estimated at the time omission of work is authorized
and the agreed adjustment will be deducted from or added to the subsequent monthly estimates.
The contractor's attention is especially called to the fact that he shall be entitled to no claim for
damages from anticipated profits on any port ion of work that may be omitted. In signing a change
order, the contractor signifies that his markups for overhead and profit include job site and home
office overhead.
Change order work shall commence promptly upon receipt of a fully executed change order and upon
a written directive by the Resident Engineer to proceed with the work. Any delays in starting the work
or expeditiously pursuing the work will be charged against the Contractor.
8.2 Extension of Time
When the contract is amended or extra work is ordered near the completion of the contract or when
changes are ordered at any time during the progress of the work, which requires, in the opinion of the
Resident Engineer, an unavoidable increase of time for the completion of the contract, a suitable
extension of the time for completion shall be granted as part of the change order for the extra work.
8.3 Changes not to Affect Bonds
It is distinctly agreed and understood that any changes made in the plans and specifications for this
work or otherwise in the scope of work to be performed by the Contractor, whether such changes
increase or decrease the amount thereof, or any change in the manner or time or payments made by
the Owner to the Contractor shall in no way annul, release or affect the liability and surety on the bonds
given by the Contractor.
8.4 Claims for Extra Cost
If the Contractor claims that any changes in the work or any clarification or interpretations by means
of drawings or otherwise involve extra cost, he shall give the Resident Engineer written notice thereof
within twenty (20) calendar days after receipt of such instructions or of notice of such changes and, in
any event, before proceeding to carry out such instructions to put such changes into effect, except in
case of an emergency endangering life or property. In all such cases the contractor shall keep a
correct account of the extra cost in such form as the Resident Engineer may direct and shall present
such account supported by receipts to the Resident Engineer who shall pass upon the claim. The
Owner shall be entitled to reject any claim for extra cost in which the foregoing procedure is not
followed.
General Conditions
8.5 Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties
indicated on the performance or labor and material bonds, the Contractor shall within five (5) days
after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum
and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on
such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be
made until the new surety or sureties shall have furnished such an acceptable bond to the Owner.
8.6. Work to Conform
All work shall conform during its progress and on its completion and remain truly to the line, levels and
grades indicated on the plans or given by the Resident Engineer and shall be built in a thoroughly
substantial and workmanlike manner, in accordance with the plans, specifications and directions
given from time to time by him. In no case shall any work in excess of the plan requirements and
specifications be paid for unless ordered in writing by the Resident Engineer. All work done without
instructions having been given by the Resident Engineer, or done without proper lines or levels, or
done during the absence of the Resident Engineer or his agent, will not be estimated or paid for except
when such work is authorized by the Resident Engineer in writing. Work so done may be ordered
uncovered or taken down, removed and replaced at the Contractors so cost and expense.
9. Payments
9.1 Unit price items and unit price contracts:
Measurement of units of work for which payment will be made by unit prices will be defined in the
respective sections. Payment for the units of work will be determined by multiplying the unit prices
stated within the bid, times the quantity of the unit of work as determined by the measurement
provisions of the respective sections. Payment for the units of work shall fully compensate the
contractor for furnishing all materials, labor, equipment, services, tools and all else incidental and
necessary to complete the work.
9.2 Lump sum items and lump sum contracts:
No measurement of quantities of work will be made.
Payment for the work indicated in the contract documents will be at the lump sum price stated in the
bid. Payment for the work to be performed under the lump sum shall fully compensate the contractor
for furnishing all material, labor, equipment, services, tools and all-else incidental and necessary to
complete the work.
No specific measurement and payment will be made for units of work described in sections not
including a measurement and payment section, but the costs thereof shall be included in the
various items in the bid.
9.3 Progress Estimates and Payments
At least twenty (20) days before each monthly progress payment falls due for approval (but not more
often than once per month), the contractor will submit to the Resident Engineer a partial payment
estimate filled out and signed by the Contractor covering the work performed during the period covered
by the partial payment estimate and supported by such data as the Resident Engineer may reasonably
require. Where any specific item(s) in the partial payment estimate is in dispute, the Engineer may delete
those costs from the estimate and approve the acceptable portion of the payment request.
General Conditions
The Resident Engineer will, after receipt of each partial payment estimate, either indicate in writing his
approval of payment and present the partial payment estimate to the Owner, or return the partial payment
estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter
case, the Contractor may make the necessary corrections and resubmit the partial payment estimate.
The Owner shall review the partial payment estimate at its next regularly scheduled meeting and if
approved payment shall be made available to the Contractor within five (5) days. The Owner shall retain
not more than two percent of the amount of each payment claimed.
Generally, payments of all valid Subcontractor and supplier requests for payment should be satisfied
prior to the next succeeding request for progress payments by the prime Contractor.
9.4 Payments Withheld
The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of
an estimate to such extent as may be necessary to protect the Owner from loss on account of:
A. Unacceptable work not remedied.
B. Claims filed or reasonable evidence indicating probable filing of claims.
C. Failure of the Contractor to make payments properly to the Subcontractor or for material or labor.
D. A reasonable doubt that the contract can be completed for the balance then unpaid.
E. Failure of the Contractor to keep his work progressing in accordance with his progress schedule.
F. Failure to furnish an updated schedule by month to completion and a listing of any significant
undelivered material and equipment items together with their latest expected delivery dated (if
awaiting Engineer's approval, indicated number of weeks required for delivery after approval is
obtained.).
G. Failure to provide a status report on all complaints.
H. Failure to submit certified payrolls (including Subcontractors) corresponding to the time period
covered by the payment request
I. Failure to comply with any statutes, regulations or ordinances governing any portion of this contract
and the work provided herein.
When the above grounds are removed, payment shall be made for amounts withheld because
of them.
9.5 Measurement of Quantities
Scheduled items of work completed under this contract will be measured for payment by the Resident
Engineer as provided in the specifications and according to United States Standard Measures. The
Resident Engineer will make all necessary measurements for certification of quantities for payment of
monthly estimates and final payments as herein specified.
9.6 Final Completion and Final Payment
When the Engineer finds the work acceptable under the Contract Documents and the approval of the
New Jersey Department of Transportation is obtained, the Engineer will promptly issue a final
General Conditions
certification that the work has been completed in accordance with the terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor is due and payable.
Neither the final payment nor the remaining percentage shall become due until the Contractor submits
to the Owner (1) an affidavit that all payrolls, bills for materials and equipment and other indebtedness
connected with the work for which the Owner might, in any way, be responsible, have been paid or
otherwise satisfied, (2) Contractor's Release, (3) Statement of Surety Company, (4) Certification of
Prevailing Rate of Wage on Public Contracts, (5) Maintenance Bond, and (6) such other data required
by the Owner establishing payment or satisfaction of all such obligations.
9.7 Liens
If at any time before the expiration of the period within which claims must be entered under the lien
law or if not otherwise specified by law, within thirty (30) days after the whole work herein agreed to
be performed and all the labor and materials herein agreed to be delivered have been performed
delivered or completed and accepted by the Owner, any person or persons claiming to have
performed any labor or furnished any materials and equipment toward the performance or completion
of this contract shall file with the Owner suitable notice, the Owner may retain, until the discharge
thereof, from the monies under its control all or so much of such money as shall be sufficient to satisfy
and discharge the amount claimed to be due in such notice, together with the cost of any action or
actions brought to enforce such lien created by the filing of such notice.
9.8. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release to the
owner of all claims and all liability to the Contractor for all things done or furnished in connection with
this work and for every act and neglect of the Owner and others relating to or arising out of this work.
With acceptance of final payment, the Contractor shall sign a Contractor's Release relieving the Owner
of all further claims arising from the Contract. No payment, however, final or otherwise, shall operate
to release the Contractor or his sureties from any obligations under this contract or the performance,
labor and material bond.
10. Miscellaneous
10.1 Notice of Service Thereof
Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and
considered delivered and the service thereof completed, when said notice is posted by certified or
registered mail, to the said Contractor at his last given address, or delivered in person to the said
Contractor or his authorized representative on the work.
10.2 Taxes
The Contractor shall study all tax-laws for the jurisdiction in which the work is being done, particularly
so-called sales and use taxes for which he may be liable as a consumer or user of goods. The Owner
is a tax-exempt organization and such taxes shall not be included in any contract amounts.
10.3 Guarantee
The Contractor guarantees that the work to be done under this contract, and the workmanship
performed and the materials and equipment used in the construction of the same, shall be free from
defect or flaws. The guarantee period shall be for one (1) year from and after the date of final contract
General Conditions
acceptance of the work by the Owner as stated on the certificate of final inspection or as required by
the detailed specifications.
10.4 Barricades and Guiderails
The General Contractor shall adequately barricade all road obstructions and other hazardous areas
as required to meet all applicable codes and to provide safe conditions and to the satisfaction of the
Engineer.
10.5 Transportation and Handling
The Contractor shall see to it that all materials are delivered to the project site in good condition.
The Contractor shall coordinate with his suppliers to insure timely deliveries so as not to delay
construction.
The Contractor shall take whatever measures are necessary to provide for adequate handling of the
materials.
10.6 Storage and Protection
The Contractor shall be solely responsible for obtaining all work areas, storage sites, access to the
site, or temporary rights-of-way which may be required for proper completion of the work. The
Contractor shall obtain prior approval of all work areas, storage sites, access to the site or temporary
rights-of-way. Proof of approval shall be submitted to the Engineer prior to their use.
All excavated materials, and materials to be incorporated in the new work, shall be so placed as not
to injure the work, and so placed that free access may be had at any time to all parts of the work,
and to all public utility installations in the vicinity of the work.
Materials shall be kept neatly piled, and compactly and conveniently stored, so as to inconvenience
as little as possible public travel and adjoining tenants. Caution should be used in storing equipment
and materials in or on structures, slabs, etc., so as not to exceed the concentrating equipment or
material loads in one location, in such structures, etc., will not be permitted.
It shall be understood that the responsibility for protection and safekeeping of materials and
equipment on or near the site will be entirely that of the Contractor and that no claim shall be made
against the Owner by reason of any act of any employee or trespasser.
Should the occasion arise necessitating access to a site where material and equipment are stored,
the Contractor owning such material equipment shall move same at no cost to the Owner except if
the original site had been accepted by the Owner.
During adverse weather, the Contractor shall take all necessary precautions so that the work may
be properly done and satisfactory in all respects. When required, protection shall be provided by
use of tarpaulins, wood and building paper shelter, or other approved means.
During cold weather, materials shall be preheated,, if required, and the material shall be made and
kept sufficiently warm so that a proper bond will take place, and a proper curing, aging or drying will
result.
General Conditions
The Engineer may suspend construction operations at any time when, in his judgement, the
conditions are unsuitable or the proper precautions are not being taken, whatever the weather may
be in any season.
10.7 Cleaning
Before the final acceptance by the Engineer, the Contractor shall remove from the site all equipment,
temporary work, unused and useless materials, and rubbish, shall repair or replace in an acceptable
manner fences or other private or public property which may have been damaged or destroyed on
account of the prosecution of the work, shall fill all depressions and water pockets on public and
private property caused by his operation, shall clean all drains and ditches within and adjacent to
the site which have been obstructed by his operations, and shall leave the site and adjacent public
and private property in a neat and presentable conditions wherever his operations have disturbed
conditions existing at the time of starting work.
The Contractor shall procure and submit to the Engineer signed statements from Property Owners
affected that he has fulfilled his obligation in the matters enumerated above with regard to their
respective properties.
10.8 Final Inspection
Prior to making the final payment and at a time mutually agreeable to the Owner, Engineer and
Contractor, the Engineer will make a final inspection of the work and report to the Owner his findings.
All deficiencies noted by the Engineer at the time of this inspection shall be corrected by the
Contractor before the Engineer will authorize final payment.
10.9 Waivers
Neither the inspection by the Engineer or Resident Engineer, nor any order measurement, or
certificate, nor any payment for or acceptance of the whole or any part of the work by the Owner, nor
any extension of time, nor any possession taken by the Owner or its employees shall operate as a
waiver of any provision of this contract, or any power herein reserved to the Owner, or any right of the
Owner for breach of any implied or expressed warranties of this contract as such will be governed by
N.J.S.A. 12A:2-101 et seq. and any other applicable remedies, or any right to damages herein
provided, nor shall be waiver of any breach of this contract be held to be a waiver of any subsequent
breach. Any remedy provided in this contract shall be taken and construed as cumulative, that is, in
addition to each and every other remedy herein provided and in addition to other suits, actions or legal
proceedings, the Owner shall also be entitled as of right to a writ of injunction against any breach of
any of the provisions of this contract.
10.10 Patents
A. The Contractor shall hold and save the Owner and its officers, agents, servants and
employees harmless from liability of any nature or kind, including cost and expenses for, or
on account of, any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the Owner,
unless otherwise specifically stipulated in the Contract Documents.
B. License or royalty fees for the use of a process which is authorized by the Owner of
the project must be reasonable, and paid to the holder of the patent, or his authorized
licensee, direct the Owner and not by or through the Contractor.
General Conditions
C. If the Contractor used any design, device or material covered by letters, patent or
copyright, he shall provide for such use by suitable agreement with the Owner of such
patented or copyrighted design, device or material. If it is mutually agreed and understood
that, without exception, the contract prices shall include all royalties or costs arising from the
use of such design, device or materials, in any way involved in the work. The Contractor or
his sureties shall indemnify and save harmless the Owner of the project from any and all
claims for infringement by reason of the use of such patented or copyright in connection with
work agreed to be performed under this contract, and shall indemnify the Owner for any
cost, expense or damage which it may be obliged to pay by reason of such infringement at
any time during the prosecution of the work or after completion of the work.
10.11 Contract Documents
The successful Bidder will be furnished a maximum of three (3) additional copies of the Contract
Documents without charge after award of the contract.
10.12 Contractor's Warranty of Title
The Contractor warrants and guarantees that title to all work, materials and equipment covered by
an application for payment, whether incorporated in the project or not, will have passed to the Owner
prior to the making of the application for payment, free and clear of all liens, claims, security interests
in encumbrances and that no work, materials or equipment covered by an application or payment
will have been acquired by the Contractor or by any other person performing the work at the site or
furnishing materials and equipment for the project, subject to an agreement under which an interest
therein or encumbrance thereon is retained by the Seller or otherwise imposed by the Contractor or
such other person.
10.13 Prevailing Wage Rates
ON FILE - OFFICE OF THE PURCHASING AGENT
General Conditions
SC - SPECIAL CONDITIONS
Special Conditions
Township of Toms River SC 1

SPECIAL CONDITIONS
Environmental Control
The Contractor will completely familiarize himself with all features of the environment on the sites
that will require his special attention to preserve and protect during the execution of the work.
The Engineer will not accept any construction method that violates any rules, regulations guidelines
or procedures established by Federal, State, or local agencies having jurisdiction over the
environmental effects of construction.
Prohibited construction procedures include, but are not limited to:
A. Damaging vegetation adjacent to or outside of the street right-of-way, property lines and
easement lines, and/or limit of disturbance;
B. Open burning of project debris;
C. The use of any method other than sweeping and wetting down of construction sites for dust
control. No chemicals are to be used.
D. Operation of machinery without residentially rated mufflers.
E. Dumping of spoil material into any stream corridor, any wetlands or any surface waters.
F. Indiscriminate, arbitrary or capricious operation of equipment in any stream corridors, any

wetlands or any surface waters.
G. Pumping of silt-laden water from trenches or other excavations into any surface waters, any
stream corridors or wetlands.
H. Storage or disposal of trees, brush, spoil material and other debris in any stream corridors,
any wetlands or any surface waters.
I. Permanent or unspecified alteration of the flow line of any stream.
J. Dewatering into any storm sewers unless they are protected from siltation by the use of hay
bales.
Construction Controls
The Contractor shall be governed by the following special consideration:
A. Road pavement areas shall be kept as clean as practical to prevent siltation through storm
water run-off.
B. Restoration of the work areas shall commence immediately upon completion of the work in
each area.
Special Conditions
C. The Contractor shall give notice to affected Property Owners, which shall be confirmed by
the Owner, prior to the commencement of construction. As necessary, the Contractor shall
verify the location of any underground electric and any other utilities with the Property Owner
prior to commencing construction.
Any necessary test pit excavations shall be included in the various Items in the Bid unless
specifically noted. Any electric lines, sprinkler systems or other utilities in conflict with the
proposed improvements shall be relocated, the cost of which shall be incidental to the cost
of the proposed improvement. Any damage to existing utilities due to construction activity
by the Contractor shall be the sole responsibility of the Contractor.
D. Site restoration of private improvements in public Right-of-Way, utility easements and on

adjacent private properties is part of this Contract. In addition to the provisions specified
elsewhere, the Contractor should be aware of the following site restoration measures:
1. Existing landscape plantings and landscape appurtenances, including but not

limited to timber landscape ties, concrete walkways and/or paver blocks, stone,
etc., shall be removed and replaced, as necessary. The Contractor shall exercise
necessary precautions in storing plantings prior to replanting.
2. Mailboxes shall be removed and replaced, as necessary.
3. Existing fencing shall be removed and replaced, as necessary.
All work associated with site restoration shall be included in the various Contract Items in
the Bid, unless specifically provided for in other Contract Items.
Permits
A copy of any permits obtained by the Owner or the Contractor must be maintained at the job site.
Any additional permits required as the result of construction techniques employed by the Contractor
must be obtained by the Contractor. If any variances have been requested by the Contractor for
which the Owner has obtained a permit, the Contractor must submit the necessary documentation
to the Owner for subsequent submission by the Owner to the appropriate regulatory agency for
obtaining these variances. These permits and permit variances must also receive the concurrence
of the Engineer. The Owner will not be responsible for the approval or denial of any permit or permit
variance as he is solely acting as the coordinating agent with the regulatory agencies, nor any time
delays resulting from the processing of any requested permits or permit variances.
No work will be permitted in any area covered by a permit until the requested permits or permit
variances have been approved by the appropriate regulatory agency and either the Owner has
received this approval in writing or the Contractor, if he is the party obtaining the permit, has
presented a copy of the written approval received, to the Owner.
No work may be performed in permit areas without review of the proposed work procedure by the
Engineer, and a copy of the permit variance must be available for inspection at the site. If a permit
condition is violated, the deficient action will be stopped with no recourse to the Owner for extra work
or time delay. The permitting agency will be notified and will be informed of the corrective actions
taken to remedy the deficient action.
The result of permit violations may be revocation of permit, in which case the Contractor
may be held liable for any costs or delays incurred by the Owner.
Special Conditions
The Contractor will be informed of the violation and will be requested to submit to the Resident
Engineer his plans to rectify the violation.
The Contractor shall be advised that any soil erosion and sediment control measures, either
temporary or permanent, not specifically called out as Pay Items in the Contract shall be included in
this Contract as work incidental to the Contract Items.
Traffic Maintenance & Payment
An allowance has been provided for Police Traffic Officers based on a reasonable estimate of time
to compete the job. The contractor shall provide with each request for payment, a time log of the
hours of police/traffic control service.
It shall be clear that the payment for traffic control officers is not Lump Sum and shall be
paid hourly such as the contractor will be billed by the Police Department for the officer ‘s
service.
The Contractor shall provide suitable approved signs, barriers and lights during the progress of the
work to warn the public of unsafe conditions and, in the case of a detour, to advise the traveling
public of the temporary rerouting. Lights shall be maintained between sunset and sunrise.
All footways, gutters, sewers and intersecting thoroughfares shall not be obstructed more than is
absolutely necessary.
The Contractor shall be advised that traffic control devices, scheduling of Police Officers, signage,
etc. not specifically called out as Pay Items in the Contract shall be included in this Contract as work
incidental to the Contract Items.
Condition of the Site
The Contractor shall, at all times keep the construction sites in a neat and orderly condition to the
satisfaction of the Engineer. The work and delivery of materials required for this project shall be
arranged and performed in such a manner as to keep inconvenience to the adjacent property
owners to a minimum.
Conduct of the Work and Temporary Work
At the project meeting, the Contractor shall inform the Engineer, in advance, concerning his plans
for carrying on each part of the work. If at any time, the Contractor's plans or equipment or his
methods of executing the work appear to the Engineer to be inadequate to ensure the required
safety, quality, or rate of progress of the work, the Engineer may order the Contractor to increase or
improve his facilities or methods and the Contractor shall promptly comply with such orders, but
neither compliance with such orders, nor failure of the Engineer to issue such orders shall relieve
the Contractor from his obligation to secure the degree of safety, the quality of work and the rate of
progress required by the contract. The Contractor alone shall be responsible for the safety,
adequacy, and efficiency of his plan, equipment and methods.
Review by the Engineer of any plan or method of work proposed by the Contractor shall not relieve
the Contractor of any responsibility therefor, and such review shall not be considered as an
assumption of any risk or liability by the owner or Engineer, or any officer, agent or employee thereof.
The Contractor shall have no claim on account of the failure or inefficiency of any plan or method
so reviewed.
Special Conditions
Disposal of Construction Debris
Asphalt, concrete material and existing storm pipe material shall be disposed of at recycling facilities
selected by the Contractor. The Contractor must verify with each of the facilities in what manner the
material must be delivered.
The cost of permits and any necessary fees in connection with disposing of construction debris and
unsuitable material at the landfill site shall be borne by the Contractor.
Disposal of Excess Excavated Material
The Contractor is advised that the disposal of excess excavated material in wetlands and flood
plains is strictly prohibited even if the permission of the property owner is obtained. Any violation of
this restriction by the Contractor or any person employed by him will be brought to the immediate
attention of the responsible regulatory agencies with a request that appropriate action be taken
against the offending parties.
The Contractor shall be aware that permitting agencies are concerned about the erosion by wind
and water of excess excavated materials disposed of on private lands. When obtaining releases
from private landowners, the Contractor shall include a statement from the landowner that he has
been apprised by the Contractor of this need for erosion control and accepts complete responsibility
for its implementation.
Adjustments in Bid Quantities
The Township reserves the right to increase or decrease the quantities, as shown in the bid, to those
quantities judged to be most economically beneficial to the Township and to keep the quantities
within the scope of available funding. Such increase or decrease in quantities shall not be deemed
cause for any claims by the Contractor.
Specifications
Technical specifications that are part of the contract documents shall govern all work to be
performed.
Maintenance of Existing Stormwater Flow
It shall be the contractor’s responsibility to provide for the continuous flow of Stormwater through
the Stormwater system during construction. At the end of each workday, the contractor shall
provide all labor, material and equipment necessary to adequately maintain the Stormwater flow.
Temporary pipe connections from the existing storm sewer to the newly installed storm sewer
pipe shall be provided to make a continuous pipeline. The contractor shall maintain the temporary
connects to provide clear unobstructed Stormwater flow through the drainage system. The
contractor shall also maintain temporary connections on weekends. Any damage resulting from
blockage and backups of Stormwater shall be the contractor’s responsibility to fully restore, in-
kind, to the satisfaction of the owner, at the contractors own expense. All costs for this work shall
be included in the various pipe items in the bid.
Existing Driveways, Fences and Shrubs
The contractor’s attention is directed to the Clearing Site section provided in the specifications.
Special Conditions
Existing fence shall be removed and replaced by the contractor following completion of the
proposed construction work. Fence that is broken or bent by the contractor shall be replaced at
no expense to the owner.
Existing shrubs in conflict with the proposed storm pipe alignment shall be removed, stored and
replaced by the contractor. Shrubs that die shall be replaced, in-kind, by the contractor at no
expense to the owner.
Any disturbance to the existing driveways shall be re-paved by the contractor. Restoration shall
include saw cutting and construct driveway repair with 6-inch gravel subbase and 2-inch hot mix
asphalt surface course in accordance to the applicable sections of the construction specifications.
Existing Utility Pole Relocation or Support
Any existing utility poles which require removal or relocation shall be determined by the
contractor. Coordinate all work with Jersey Central Power and Light Company. The contractor
shall incorporate into the various pipe items in the Bid all the costs necessary to effect the
construction under these adverse field conditions.
Contract Quantities
The Township Engineer reserves the right to modify and make substitutions of designated work
indicated in the attached location and quantity listings. The contractor is not entitled to any
reimbursement.
Utilities
Following is a list of owners of utilities involved in the construction of portions of this project:
Verizon
Jersey Central Power & Light Company
Toms River Municipal Utilities Authority
New Jersey Natural Gas Company
SUEZ Water Company (Mainland)
XFINITY Cable
New Jersey American Water (Barrier Island)
Emergency Road Closure
Should the contractor desire to close a portion of any street within the limits scheduled for
construction, he shall submit a detailed detour shop drawing to the Engineer at least seven (7)
days in advance of the anticipated road closings. In addition, a copy of the drawing shall be
submitted to the First Aid Squad, the Police Department and Fire Department so they might be
aware of the time and extent of the road closings. In all cases, road closings shall only be
permitted during normal working hours, excluding Saturdays and Sundays. The road shall be
kept open for two (2) directional access for local residents and emergency vehicles during non-
working hours. The Contractor is reminded that he is to provide special traffic control devices as
described herein and as directed by the Engineer to provide for the safe and efficient movement
of traffic in construction areas. He is further reminded that should he fail to perform his
responsibility in this area as directed by the Engineer that the Township will endeavor to
undertake the installation of the required control devices and deduct the cost thereof from the
Special Conditions
amount due on the contract. Signs shall be provided and erected prior to beginning of any work,
all in accordance with N.J.D.O.T. specifications.
Utility Relocations
The Contractor is hereby notified that in some areas, relocation or installation of new utilities such
as overhead lines, poles, sewer cleanouts, water valves, meters and hydrants, gas valves and
house connections may need to be moved. No construction is to commence until such utilities
are relocated or installed. However, the Township cannot be held responsible for time lost due
to utility companies scheduling of said relocations.
Specific reference is made to the depth of water table being excessively high at various sites
designated in this contract and the Contractor is required to take this into consideration in his bid
price. Dewatering and stone bedding under pipe and structures may be required.
Township of Toms River Payment Policy
Bills/Invoices are publicly approved every second and fourth Wednesday of each month at
regular Township Council meetings. All bills/invoices approved at each meeting are paid by
checks which are mailed the Friday directly after the meeting. Under no circumstances may
checks be picked up by the vendor/contractor.
Separate payment will not be made for mobilization.
Inlet Casting Type
All existing inlets that are not bicycle-safe shall be changed.
All reconstruction of inlets and new inlets are to meet the requirements of the NJPDES Municipal
Stormwater Regulation Program for Tier A Municipal Stormwater Permit in the following
Attachment C or as adopted by the Township.
American Goods
Farm products or manufactured products of the United States, whenever available, shall be used in
such work (NJSA 40A:11-18).
Special Conditions
UF - UNDERGROUND FACILITY PROTECTION ACT
Underground Facilities Protection Act

Township of Toms River UF 1

NOTICE: CONSTRUCTION/EXCAVATION CONTRACTS ONLY
UNDERGROUND FACILITY PROTECTION ACT

N.J.S.A. 48:2-73
ONE-CALL is an underground facilities damage prevention system that operates under the direction of the
Board of Public Utilities. ONE-CALL maintains membership and service territory data on each operator of an
underground facility. Excavators must contact the system prior to excavations and, in turn, ONE-CALL will
notify the operators of the planned excavation. Operators must then locate and mark-out all of their facilities.
The attention of the bidder is directed to the fact that the contractor is responsible to ascertain the location
of any existing utility prior to any excavation work.
Before starting any excavation work, the contractor shall contact the underground location service by
calling 1-800-272-1000 or 1-908-232-9570.
The provisions of any other law, rule, regulation or ordinance to the contrary notwithstanding, any permit
or permission for a road opening, building, blasting, demolition or excavation granted by a public entity
to an excavator that will result in excavation or demolition activity shall not be effective until the excavator
has notified the ONE-CALL Damage Prevention System pursuant to section 10 of the act. This proof
may be provided by supplying the public entity with the confirmation number assigned to the notice of
intent pursuant to subsection b. of section 4 of this act.
An excavator shall notify the ONE-CALL Damage Prevention System established pursuant to section 4
of this act of his intent to engage in excavation or demolition of not less than three business days and
not more than 10 business days prior to the beginning of the excavation or demolition.
A copy of proof of the ONE-CALL Damage Prevention System will be required with any Township project
that requires any excavation and/or demolition work. This proof shall consist of a verified copy of the
ONE-CALL number issued for the project. This copy with the number must be given to the Township
Department in charge of the project as part of the authorization for future payments for the associated
project.
A copy of this act is one file with the Township of Toms River, Purchasing Division, 33 Washington
Street, Toms River, NJ 08753 or by calling (732) 341-1000 ext. 8202 or 8226.
Underground Facilities Protection Act

Township of Toms River UF 2

ADA - AMERICANS WITH DISABILITIES ACT
Americans with Disabilities Act

Township of Toms River ADA 1

AMERICANS WITH DISABILITIES ACT OF 1990

EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY
The CONTRACTOR and the TOWNSHIP OF TOMS RIVER (herein referred to as the Township) do
hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42
U.S.C. S12101 et seg.), 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 TOWNSHIP pursuant to this contract, the CONTRACTOR agrees
that the performance shall be in strict compliance with the Act. In the event 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 TOWNSHIP in any action or
administrative proceeding commenced pursuant to this Act. The CONTRACTOR shall indemnify,
protect, and save harmless the TOWNSHIP, 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 any 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 TOWNSHIP'S grievance procedure, the CONTRACTOR agrees to abide by any decision
of the TOWNSHIP, which is rendered pursuant to, said grievance procedure. If any action or
administrative proceeding results in an award of damages against the TOWNSHIP or if the TOWNSHIP
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 TOWNSHIP 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 TOWNSHIP or any of its agents, servants, and
employees, the TOWNSHIP shall expeditiously forward or have forwarded to the CONTRACTOR every
demand, complaint, notice, summons, pleading, or other process received by the TOWNSHIP or its
representatives.
It is expressly agreed and understood that any approval by the TOWNSHIP 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 TOWNSHIP pursuant to
this paragraph.
It is further agreed and understood that the TOWNSHIP 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 TOWNSHIP from taking any other actions available
to it under any other provisions of this Agreement or otherwise at law.
Americans with Disabilities Act

Township of Toms River ADA 2

SPEC - STANDARD SPECIFICATIONS
Standard Specifications
Township of Toms River SPEC 1
SECTION 02764 - PAVEMENT JOINT SEALANTS
GENERAL
RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply to this Section.
Joint Sealants shall be performed in accordance with Section 914 of the New Jersey Department of
Transportation Standard Specifications for Road and Bridge Construction, latest edition.
SUMMARY
This Section includes the following:

Joints between precast concrete.
Joints between concrete cast in place and precast concrete.
Joints between cast in place or precast concrete and existing building.
SUBMITTALS
Product Data: For each joint-sealant product indicated.
Samples for Verification: For each type and color of joint sealant required. Install joint-sealant samples in 1/2-
inch- wide joints formed between two 6-inch- long strips of material matching the appearance of exposed
surfaces adjacent to joint sealants.
Product Certificates: For each type of joint sealant and accessory, signed by product manufacturer.
Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, for
sealants.
QUALITY ASSURANCE
Installer Qualifications: An employer of workers trained and approved by manufacturer.
Source Limitations: Obtain each type of joint sealant through one source from a single manufacturer.
Testing Agency Qualifications: An independent testing agency qualified according to ASTM C 1021 for
testing indicated, as documented according to ASTM E 548.
DELIVERY, STORAGE, AND HANDLING
Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer,
product name and designation, color, expiration date, pot life, curing time, and mixing instructions for
multicomponent materials.
Store and handle materials to comply with manufacturer's written instructions to prevent their deterioration or
damage due to moisture, high or low temperatures, contaminants, or other causes.
PROJECT CONDITIONS
Do not proceed with installation of joint sealants under the following conditions:
When ambient and substrate temperature conditions are outside limits permitted by joint-sealant
manufacturer.
PRODUCTS
MANUFACTURERS
Joint sealants to be the following or approved equal:

“Sikadur 51 SL” by Sika Group
MATERIALS, GENERAL
Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with
one another and with joint substrates under conditions of service and application, as demonstrated by
joint-sealant manufacturer based on testing and field experience.
Colors of Exposed Joint Sealants: As indicated by manufacturer's designations.
PRIMERS
Primers: Product recommended by joint-sealant manufacturer where required for adhesion of sealant to joint
substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests.
EXECUTION
EXAMINATION
Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for
joint configuration, installation tolerances, and other conditions affecting joint-sealant performance.
Proceed with installation only after unsatisfactory conditions have been corrected.
PREPARATION
Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-
sealant manufacturer's written instructions.
Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint-sealant
manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer
to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant
bond; do not allow spillage or migration onto adjoining surfaces.
Clean & prime ends of existing sealant where new sealant butts against existing per manufacturer’s
requirements.
INSTALLATION OF JOINT SEALANTS
General: Comply with joint-sealant manufacturer's written installation instructions for products and
applications indicated, unless more stringent requirements apply.
Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as
applicable to materials, applications, and conditions indicated.
Install backer materials of type indicated to support sealants during application and at position required to
produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum
sealant movement capability.
Do not leave gaps between ends of backer materials.

Do not stretch, twist, puncture, or tear backer materials.
Remove absorbent backer materials that have become wet before sealant application and replace them
with dry materials.
Install sealants using proven techniques that comply with the following and at the same time backings are
installed:
Place sealants so they directly contact and fully wet joint substrates.
Completely fill recesses provided for each joint configuration.
Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant
movement capability.
Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool
sealants according to requirements specified below to form smooth, uniform beads of configuration
indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint.
Remove excess sealants from surfaces adjacent to joint.

Use tooling agents that are approved in writing by joint-sealant manufacturer and that do not discolor
sealants or adjacent surfaces.
Provide joint configuration to comply with joint-sealant manufacturer's written instructions, unless otherwise
indicated.
Provide recessed joint configuration for silicone sealants of recess depth and at locations indicated.
CLEANING
Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with
cleaning materials approved by manufacturers of joint sealants and of products in which joints occur.
PROTECTION
Protect joint sealants during and after curing period from contact with contaminating substances and from
damage resulting from construction operations or other causes so sealants are without deterioration or
damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs,
cut out and remove damaged or deteriorated joint sealants immediately and replace with joint sealant so
installations with repaired areas are indistinguishable from the original work.
END OF SECTION 02764
SECTION 03300 CAST-IN-PLACE CONCRETE
GENERAL
RELATED DOCUMENTS
SUMMARY
Section includes cast-in-place concrete, including formwork, reinforcement, concrete materials, mixture
design, placement procedures, and finishes, for the following:
Formed Slab
DEFINITIONS
Cementitious Materials: Portland cement alone or in combination with one or more of the following:
blended hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and
silica fume; subject to compliance with requirements.
ACTION SUBMITTALS
Product Data: For each type of product indicated.
Design Mixtures: For each concrete mixture. Submit alternate design mixtures when characteristics of
materials, Project conditions, weather, test results, or other circumstances warrant adjustments.
Indicate amounts of mixing water to be withheld for later addition at Project site.
Steel Reinforcement Shop Drawings: Placing drawings that detail fabrication, bending, and placement.
Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar
arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for
concrete reinforcement.
INFORMATIONAL SUBMITTALS
Welding certificates.
Material Certificates: For each of the following, signed by manufacturers:
Cementitious materials.
Admixtures.
Form materials and form-release agents.
Steel reinforcement and accessories.
Waterstops.
Curing compounds.
Floor and slab treatments.
Bonding agents.
Adhesives.
Floor surface flatness and levelness measurements indicating compliance with specified tolerances.
Field quality-control reports.
Minutes of pre-installation conference.
QUALITY ASSURANCE
Installer Qualifications: A qualified installer who employs on Project personnel qualified as ACI-
certified Flatwork Technician and Finisher and a supervisor who is an ACI-certified Concrete
Flatwork Technician.
Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and

that complies with ASTM C 94 requirements for production facilities and equipment.
Testing Agency Qualifications: An independent agency, qualified according to ASTM C 1077 and
ASTM E 329 for testing indicated.
Welding Qualifications: Qualify procedures and personnel according to AWS D1.4/D 1.4M, "Structural
Welding Code - Reinforcing Steel."
ACI Publications: Comply with the following unless modified by requirements in the Contract
Documents:
ACI 301, "Specifications for Structural Concrete".

ACI 117, "Specifications for Tolerances for Concrete Construction and Materials."
Concrete Testing Service: Engage a qualified independent testing agency to perform material evaluation
tests and to design concrete mixtures.
Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage.
Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other
contaminants.
PRODUCTS
FORM-FACING MATERIALS
Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth
concrete surfaces. Furnish in largest practicable sizes to minimize number of joints.
Plywood, metal, or other approved panel materials.

Exterior-grade plywood panels, suitable for concrete forms, complying with DOC PS 1,
and as follows:
High-density overlay, Class 1 or better.
Medium-density overlay, Class 1 or better; mill-release agent treated and edge sealed.
Structural 1, B-B or better; mill oiled and edge sealed.
B-B (Concrete Form), Class 1 or better; mill oiled and edge sealed.
Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide
lumber dressed on at least two edges and one side for tight fit.
Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or
adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces.
Formulate form-release agent with rust inhibitor for steel form-facing materials.
Form Ties: Factory-fabricated, removable or snap-off metal or glass-fiber-reinforced plastic form ties
designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete
on removal.
Furnish units that will leave no corrodible metal closer than 1 inch to the plane of exposed
concrete surface.
Furnish ties that, when removed, will leave holes no larger than 1 inch in diameter in
concrete surface.
Furnish ties with integral water-barrier plates to walls indicated to receive dampproofing
or waterproofing.
STEEL REINFORCEMENT
Reinforcing Bars: ASTM A 615, Grade 60, deformed.
Plain-Steel Welded Wire Reinforcement: ASTM A 185, plain, fabricated from as-drawn steel wire into
flat sheets.
REINFORCEMENT ACCESSORIES
Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening
reinforcing bars and welded wire reinforcement in place. Manufacture bar supports from steel
wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater
compressive strength than concrete and as follows:
CONCRETE MATERIALS
Cementitious Material: Use the following cementitious materials, of the same type, brand, and source,
throughout Project:
Portland Cement: ASTM C 150, Type I.
Normal-Weight Aggregates: ASTM C 33, coarse aggregate or better, graded. Provide aggregates from
a single source.
Maximum Coarse-Aggregate Size: 3/4 inch nominal.
Water: ASTM C 94 and potable.
ADMIXTURES
Air-Entraining Admixture: ASTM C 260.
Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other

admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in
hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride.
Water-Reducing Admixture: ASTM C 494 Type A.

Retarding Admixture: ASTM C 494, Type B.
Water-Reducing and Retarding Admixture: ASTM C 494, Type D.
High-Range, Water-Reducing Admixture: ASTM C 494, Type F.
High-Range, Water-Reducing and Retarding Admixture: ASTM C 494, Type G.
Plasticizing and Retarding Admixture: ASTM C 1017, Type II.
Set-Accelerating Corrosion-Inhibiting Admixture: Commercially formulated, anodic inhibitor or mixed

cathodic and anodic inhibitor; capable of forming a protective barrier and minimizing chloride
reactions with steel reinforcement in concrete and complying with ASTM C 494, Type C.
Non-Set-Accelerating Corrosion-Inhibiting Admixture: Commercially formulated, non-set-accelerating,

anodic inhibitor or mixed cathodic and anodic inhibitor; capable of forming a protective barrier
and minimizing chloride reactions with steel reinforcement in concrete.
WATERSTOPS
Self-Expanding Butyl Strip Waterstops: Manufactured rectangular or trapezoidal strip, butyl rubber with
sodium bentonite or other hydrophilic polymers, for adhesive bonding to concrete, 3/4 by 1 inch.
Products: Subject to compliance with requirements, provide one of the following:
CETCO; Volclay Waterstop-RX.
CURING MATERIALS
Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.
Clear, Solvent-Borne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1,
Class A.
Products: Subject to compliance with requirements, provide one of the following:
ChemMasters; Spray-Cure & Seal Plus.

Euclid Chemical Company (The), an RPM company; Super Diamond Clear;
LusterSeal 300.
Meadows, W. R., Inc.; CS-309/30.
VOC Content: Curing and sealing compounds shall have a VOC content of 200 g/L or
less when calculated according to 40 CFR 59, Subpart D (EPA Method 24).
RELATED MATERIALS
Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751.
Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, per ASTM D 2240.
Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylic emulsion or styrene butadiene.
CONCRETE MIXTURES, GENERAL
Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory
trial mixture or field test data, or both, according to ACI 301.
Use a qualified independent testing agency for preparing and reporting proposed mixture
designs based on laboratory trial mixtures.
Cementitious Materials:
Fly Ash: 25 percent.
Admixtures: Use admixtures according to manufacturer's written instructions.
Use water-reducing, high-range water-reducing or plasticizing admixture in concrete, as required,

for placement and workability.
Use water-reducing and retarding admixture when required by high temperatures, low humidity,
or other adverse placement conditions.
CONCRETE MIXTURES FOR BUILDING ELEMENTS
Framed Slabs: Proportion normal-weight concrete mixture as follows:
Minimum Compressive Strength: 4500 psi at 28 days.

Slump Limit: 4 inches, plus or minus 1 inch.
Air Content: 6.0 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch nominal
maximum aggregate size.
Air Content: Do not allow air content of trowel-finished floors to exceed 3 percent.
CONCRETE MIXING
Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and furnish
batch ticket information.
When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and delivery
time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C),
reduce mixing and delivery time to 60 minutes.
EXECUTION
FORMWORK
Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral,
static, and dynamic loads, and construction loads that might be applied, until structure can support
such loads.
Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and
position indicated, within tolerance limits of ACI 117.
Construct forms tight enough to prevent loss of concrete mortar.
Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush
or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for
inclined surfaces steeper than 1.5 horizontal to 1 vertical.
Install keyways, reglets, recesses, and the like, for easy removal.
Do not use rust-stained steel form-facing material.
Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and
slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-
off templates or compacting-type screeds.
Provide temporary openings for cleanouts and inspection ports where interior area of formwork is
inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent
loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations.
Chamfer exterior corners and edges of permanently exposed concrete.
Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in
the Work. Determine sizes and locations from trades providing such items.
Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other
debris just before placing concrete.
Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain
proper alignment.
Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions,
before placing reinforcement.
EMBEDDED ITEMS
Place and secure anchorage devices and other embedded items required for adjoining work that is attached
to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions,
and directions furnished with items to be embedded.
Install anchor rods, accurately located, to elevations required and complying with tolerances in
Section 7.5 of AISC's "Code of Standard Practice for Steel Buildings and Bridges."
Install reglets to receive waterproofing and to receive through-wall flashings in outer face of
concrete frame at exterior walls, where flashing is shown at lintels, shelf angles, and other
conditions.
STEEL REINFORCEMENT
General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement.
Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing
concrete.
Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that would reduce
bond to concrete.
Accurately position, support, and secure reinforcement against displacement. Locate and support
reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing
reinforcing bars.
Weld reinforcing bars according to AWS D1.4/D 1.4M, where indicated.
Set wire ties with ends directed into concrete, not toward exposed concrete surfaces.
Install welded wire reinforcement in longest practicable lengths on bar supports spaced to minimize
sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of
adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire.
WATERSTOPS
Self-Expanding Strip Waterstops: Install in construction joints and at other locations indicated, according
to manufacturer's written instructions, adhesive bonding, mechanically fastening, and firmly
pressing into place. Install in longest lengths practicable.
CONCRETE PLACEMENT
Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is
complete and that required inspections have been performed.
Do not add water to concrete during delivery, at Project site, or during placement unless approved by
Architect.
Before test sampling and placing concrete, water may be added at Project site, subject to limitations of
ACI 301.
Do not add water to concrete after adding high-range water-reducing admixtures to mixture.
Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete
will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a
section cannot be placed continuously, provide construction joints as indicated. Deposit concrete
to avoid segregation.
Deposit concrete in horizontal layers of depth to not exceed formwork design pressures and in a
manner to avoid inclined construction joints.
Consolidate placed concrete with mechanical vibrating equipment according to ACI 301.
Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically
at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into
preceding layer. Do not insert vibrators into lower layers of concrete that have begun to
lose plasticity. At each insertion, limit duration of vibration to time necessary to
consolidate concrete and complete embedment of reinforcement and other embedded
items without causing mixture constituents to segregate.
Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of
construction joints, until placement of a panel or section is complete.
Consolidate concrete during placement operations so concrete is thoroughly worked around

reinforcement and other embedded items and into corners.
Maintain reinforcement in position on chairs during concrete placement.
Screed slab surfaces with a straightedge and strike off to correct elevations.
Slope surfaces uniformly to drains where required.
Begin initial floating using bull floats or darbies to form a uniform and open-textured surface
plane, before excess bleedwater appears on the surface. Do not further disturb slab
surfaces before starting finishing operations.
Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical
damage or reduced strength that could be caused by frost, freezing actions, or low temperatures.
When average high and low temperature is expected to fall below 40 deg F for three successive
days, maintain delivered concrete mixture temperature within the temperature range
required by ACI 301.
Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen
subgrade or on subgrade containing frozen materials.
Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical
accelerators unless otherwise specified and approved in mixture designs.
Hot-Weather Placement: Comply with ACI 301 and as follows:
Maintain concrete temperature below 90 deg F at time of placement. Chilled mixing water or
chopped ice may be used to control temperature, provided water equivalent of ice is
calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is
Contractor's option.
Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade
uniformly moist without standing water, soft spots, or dry areas.
FINISHING FORMED SURFACES
Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly
and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects.
Remove fins and other projections that exceed specified limits on formed-surface irregularities.
Apply to concrete surfaces exposed to public view.
FINISHING FLOORS AND SLABS
General: Comply with ACI 302.1R recommendations for screeding, re-straightening, and finishing
operations for concrete surfaces. Do not wet concrete surfaces.
Finish to match adjacent existing concrete slabs.
Scratch Finish: While still plastic, texture concrete surface that has been screeded and bull-floated or
darbied. Use stiff brushes, brooms, or rakes to produce a profile amplitude of 1/4 inch in one
direction.
Float Finish: Consolidate surface with power-driven floats or by hand floating if area is small or
inaccessible to power driven floats. Re-straighten, cut down high spots, and fill low spots. Repeat
float passes and re-straightening until surface is left with a uniform, smooth, granular texture.
Trowel Finish: After applying float finish, apply first troweling and consolidate concrete by hand or
power-driven trowel. Continue troweling passes and re-straighten until surface is free of trowel
marks and uniform in texture and appearance. Grind smooth any surface defects that would
telegraph through applied coatings or floor coverings.
Apply a trowel finish to surfaces exposed to view or to be covered with resilient flooring, carpet,
ceramic or quarry tile set over a cleavage membrane, paint, or another thin-film-finish
coating system.
Finish surfaces to the following tolerances, according to ASTM E 1155 (ASTM E 1155M), for a
randomly trafficked floor surface:
Specified overall values of flatness, F(F) 25; and of levelness, F(L) 20; with minimum
local values of flatness, F(F) 17; and of levelness, F(L) 15.
Finish and measure surface so gap at any point between concrete surface and an unleveled,
freestanding, 10-ft long straightedge resting on two high spots and placed anywhere on
the surface does not exceed 1/4 inch.
Trowel and Fine-Broom Finish: Apply a first trowel finish to surfaces where ceramic or quarry tile is to
be installed by either thickset or thin-set method. While concrete is still plastic, slightly scarify
surface with a fine broom.
Comply with flatness and levelness tolerances for trowel-finished floor surfaces.
Broom Finish: Apply a broom finish to exterior concrete platforms, steps, ramps, and elsewhere as
indicated.
Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-
bristle broom perpendicular to main traffic route. Coordinate required final finish with
Architect before application.
MISCELLANEOUS CONCRETE ITEMS
Filling In: Fill in holes and openings left in concrete structures after work of other trades is in place unless
otherwise indicated. Mix, place, and cure concrete, as specified, to blend with in-place
construction. Provide other miscellaneous concrete filling indicated or required to complete the
Work.
Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and by
steel-troweling surfaces to a hard, dense finish with corners, intersections, and terminations
slightly rounded.
Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on
Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with
diagrams or templates from manufacturer furnishing machines and equipment.
Steel Pan Stairs: Provide concrete fill for steel pan stair treads, landings, and associated items. Cast-in
inserts and accessories as shown on Drawings. Screed, tamp, and trowel finish concrete surfaces.
CONCRETE PROTECTING AND CURING
General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures.
Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection
during curing.
Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy
conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations.
Apply according to manufacturer's written instructions after placing, screeding, and bull floating
or darbying concrete, but before float finishing.
Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and
other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If
removing forms before end of curing period, continue curing for the remainder of the curing
period.
Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces,
including floors and slabs, concrete floor toppings, and other surfaces.
Cure concrete according to ACI 308.1, by one or a combination of the following methods:
Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following
materials:
Water.
Continuous water-fog spray.
Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces
and edges with 12-inch lap over adjacent absorptive covers.
Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for

curing concrete, placed in widest practicable width, with sides and ends lapped at least 12
inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days.
Immediately repair any holes or tears during curing period using cover material and
waterproof tape.
Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor
coverings.
Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive
penetrating liquid floor treatments.
Cure concrete surfaces to receive floor coverings with either a moisture-retaining cover or
a curing compound that the manufacturer certifies will not interfere with bonding
of floor covering used on Project.
Curing Compound: Apply uniformly in continuous operation by power spray or roller according
to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within
three hours after initial application. Maintain continuity of coating and repair damage
during curing period.
Removal: After curing period has elapsed, remove curing compound without damaging
concrete surfaces by method recommended by curing compound manufacturer.
Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous
operation by power spray or roller according to manufacturer's written instructions.
Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat
process 24 hours later and apply a second coat. Maintain continuity of coating and repair
damage during curing period.
JOINT FILLING
Prepare, clean, and install joint filler according to manufacturer's written instructions.
Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joint
clean and dry.
Install semirigid joint filler full depth in saw-cut joints and at least 2 inches deep in formed joints. Overfill
joint and trim joint filler flush with top of joint after hardening.
FIELD QUALITY CONTROL
Testing and Inspecting: Owner will engage a special inspector and qualified testing and inspecting agency
to perform field tests and inspections and prepare test reports.
Testing and Inspecting: Engage a qualified testing and inspecting agency to perform tests and inspections
and to submit reports.
Inspections:
Steel reinforcement placement.
Steel reinforcement welding.
Verification of use of required design mixture.
Concrete placement, including conveying and depositing.
Curing procedures and maintenance of curing temperature.
Verification of concrete strength before removal of shores and forms from beams and slabs.
Concrete Tests: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall
be performed according to the following requirements:
Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture
exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or
fraction thereof.
Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. (76 cu. m) or
fraction thereof of each concrete mixture placed each day.
When frequency of testing will provide fewer than five compressive-strength tests for each
concrete mixture, testing shall be conducted from at least five randomly selected
batches or from each batch if fewer than five are used.
Slump: ASTM C 143/; one test at point of placement for each composite sample, but not less than
one test for each day's pour of each concrete mixture. Perform additional tests when
concrete consistency appears to change.
Air Content: ASTM C 231, pressure method, for normal-weight concrete; ASTM C 173/
volumetric method, for structural lightweight concrete one test for each composite sample,
but not less than one test for each day's pour of each concrete mixture.
Concrete Temperature: ASTM C 1064/; one test hourly when air temperature is 40 deg F and
below and when 80 deg F and above, and one test for each composite sample.
Unit Weight: ASTM C 567, fresh unit weight of structural lightweight concrete; one test for each
composite sample, but not less than one test for each day's pour of each concrete mixture.
Compression Test Specimens: ASTM C 31.
Cast and laboratory cure two sets of two standard cylinder specimens for each composite
sample.
Cast and field cure two sets of two standard cylinder specimens for each composite
sample.
Compressive-Strength Tests: ASTM C 39; test one set of two laboratory-cured specimens at 7
days and one set of two specimens at 28 days.
Test one set of two field-cured specimens at 7 days and one set of two specimens at 28
days.
A compressive-strength test shall be the average compressive strength from a set of two
specimens obtained from same composite sample and tested at age indicated.
When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured
cylinders, Contractor shall evaluate operations and provide corrective procedures for
protecting and curing in-place concrete.
Strength of each concrete mixture will be satisfactory if every average of any three consecutive
compressive-strength tests equals or exceeds specified compressive strength and no
compressive-strength test value falls below specified compressive strength by more than
500 psi.
Test results shall be reported in writing to Architect, concrete manufacturer, and Contractor within
48 hours of testing. Reports of compressive-strength tests shall contain Project
identification name and number, date of concrete placement, name of concrete testing and
inspecting agency, location of concrete batch in Work, design compressive strength at 28
days, concrete mixture proportions and materials, compressive breaking strength, and type
of break for both 7- and 28-day tests.
Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be
permitted by Architect but will not be used as sole basis for approval or rejection of
concrete.
Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test
results indicate that slump, air entrainment, compressive strengths, or other requirements
have not been met, as directed by Architect. Testing and inspecting agency may conduct
tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42
or by other methods as directed by Architect.
Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
Correct deficiencies in the Work that test reports and inspections indicate do not comply with the
Contract Documents.
END OF SECTION
SECTION 03730 - CONCRETE SPALL REPAIRS
PART 1 – GENERAL
1.1 SUMMARY
This Section specifies requirements for the repair of deteriorated or delaminated concrete
on horizontal, vertical or overhead surfaces, by means of concrete spall repair materials.
1.2 REFERENCES
The following is a listing of the publications referenced in this Section.
American Association of State Highway and Transportation Officials (AASHTO)
AASHTO T-277 Rapid Determination of the Chloride Permeability of
Concrete.
American Concrete Institute (ACI)
ACI 503R-30 Appendix A Pullout Strength Test.
ACI 546.lR-80 Guide for Repair of Concrete Bridge Structures.
American Society for Testing and Materials (ASTM)
ASTM A 185 Steel Welded Wire Fabric, Plain for Concrete Reinforcement.
ASTM A 615 Deformed and Plain Billet-Steel Bars for Concrete
Reinforcement.
ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens.
ASTM C 78 Flexural Strength (Modulus of Rupture)
ASTM C 109, Compressive Strength. Modified
ASTM C 157 Length Change of Hardened Hydraulic-Cement Mortar and
Concrete.
ASTM C 403 Time of setting of Concrete Mixtures by Penetration
Resistance.
ASTM C 666,
Procedure A Rapid Freeze/Thaw Durability.
ASTM C 928 Specification for Packaged, Dry, Rapid Hardening
Cementitious Materials for Concrete Repairs.
Steel Structures Painting Council (SSPC)
1.3 PERFORMANCE REQUIREMENTS
Concrete spall repair materials shall be certified by an independent testing laboratory for
compliance with the following minimum requirements:
A. Concrete Spall Repair Material for Vertical or Overhead Applications.
1. Length Change
The concrete spall repair material shall attain a shrinkage value no greater
than -0.15% after 28 days in air; and an expansion value no greater than
0.15% after 28 days in water. Preparation and testing of specimens shall be
performed in accordance with the test method specified in ASTM C-157,
except that shrinkage or expansion observations shall be recorded at the times
specified in ASTM C-928.
2. Compressive Strength
The concrete spall repair material shall be tested in accordance with ASTM C-
109 Modified, and shall attain minimum compressive strengths of 1000 psi in
24 hours, and 4,500 psi in 28 days.
3. Flexural Strength
78, and shall attain a minimum flexural strength of 600 psi in 28 days.
4. Time of Set
To determine the workability of the concrete spall repair material, its initial
and final set times shall be tested in accordance with ASTM C-403.
5. Durability
666, Method A. The test specimens shall have less than 10% weight loss after
300 cycles of testing, and the Relative Dynamic Modulus of Elasticity
(R.D.M.E.) shall be no less than 75% of the original value.
6. Permeability
The concrete spall repair material shall be tested in accordance with
AASHTO T-277, "Rapid Determination of Chloride Permeability of
Concrete", to yield a permeability value of less than 1500 Coulombs.
B. Concrete Spall Repair Material for Topside Horizontal Applications
1. Length Change
157, except that it shall attain a shrinkage value no greater than -0.10% after
28 days in air; and an expansion value no greater than 0.10% after 28 days in
water.
2. Compressive Strength
Compressive strength testing for neat pastes shall be performed in accordance
with ASTM C-109. Materials extended with No. 8 aggregate, shall be tested
in accordance with ASTM C-39. Test cylinders shall be a minimum of 3
inches in diameter. The minimum compressive strength shall be 2000 psi in 6
hours or 3000 psi in 24 hours, and 4,500 psi in 28 days, unless otherwise
shown on the Contract Drawings.
3. Flexural Strength
78, and shall attain a minimum flexural strength of 600 psi in 28 days.
4. Time of Set
The initial set time and final set time of the concrete spall repair material shall
be determined in accordance with ASTM C 403.
5. Durability
666, Method A. The test specimens shall have less than 10% weight loss after
300 cycles of testing, and the Relative Dynamic Modulus of Elasticity
(R.D.M.E.) shall be no less than 75% of the original value. This requirement
will not apply at locations where freeze-thaw cycles do not occur or for
temporary patching.
6. Permeability
The concrete spall repair material shall be tested in accordance with
AASHTO T-277, "Rapid Determination of Chloride Permeability of
Concrete", to yield a permeability value of less than 1500 Coulombs. This
requirement will not apply to indoor applications.
1.4 ENVIRONMENTAL REQUIREMENTS
A. All work in this section shall be performed in accordance with the environmental
requirements specified by the manufacturer of each concrete spall repair material,
unless otherwise indicated herein or on the Contract Drawings. In case of conflict
the more stringent requirements shall apply.
B. Cold Weather Requirements
1. Do not mix or place the concrete spall repair material when the ambient
temperature is below 45 degrees Fahrenheit, or when conditions indicate that
the temperature will fall below 45 degrees Fahrenheit within 72 hours, unless
special mixing and placement procedures are approved by the Engineer.
2. Take all necessary precautions to ensure that the temperature of the concrete
spall repair material, as placed, is a minimum of 50 degrees Fahrenheit.
1.5 QUALITY ASSURANCE
A. The Contractor shall submit to the Engineer for approval the name of a qualified
representative of the concrete spall repair material manufacturer, who will be
responsible for the following:
1. Provide technical information regarding proper methods of mixing and
placing the concrete spall repair material.
2. Be present during the initial mixing and placing of the concrete spall repair
material.
3. Be available for technical consultation when concrete spall repair material
mixing or application problems arise.
4. Provide certification that the mixing, surface preparation, placement, finishing
and curing procedure used during the initial placement were in compliance
with the manufacturer's recommendations.
B. The Contractor shall furnish all labor, materials and equipment required to assist
the Engineer in performing inspection and testing of the applied concrete spall
repair materials. The Contractor shall make scaffolding and other equipment
available as necessary to permit access to all repaired areas.
C. The concrete spall repair shall match the existing applied concrete in color & finish
texture. Submit color to Owner for approval.
D. The Contractor shall install a test patch for the Engineer's inspection and approval,
a minimum of 48 hours prior to proceeding with any concrete spall repair work
shown on the contract drawings. The test patch location may be a production repair
location and shall be designated by the Engineer.
E. The Engineer may inspect all concrete spall repair materials and application
procedures at any time for compliance with the Specifications.
F. The Engineer may take and test samples of each lot of the concrete spall repair
materials delivered to the work site.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver all materials in the manufacturers sealed original containers bearing the
manufacturer's name and product identification, in a manner to prevent damage by
breakage, water or moisture.
B. Store all material on platforms and cover it as required to protect it from the
elements.
PART 2 – PRODUCTS
2.1 MANUFACTURERS
Concrete Spall Repair to be the following or approved equal:

“SikaQuick VOH” by Sika Group for vertical and overhead surfaces
“SikaQuick 1000” by Sika Group for topside horizontal surfaces
2.2 MATERIALS
A. The concrete spall repair material(s) are specified on the Contract Drawings.
Concrete spall repair material(s) submitted for use shall be accompanied by a
certification indicating compliance with the requirements of Paragraph 1.03A or
1.03B of this Specification, as applicable, and shall be submitted for approval.
B. Bonding agent for concrete patching material to existing concrete shall be Armatec
110 Epocem by Sika.
C. Sealant shall be Sikadur 51 SL by Sika Group
D. Stone aggregate shall be ASTM C-33, Size No. 8.
C. Reinforcing Bars shall be ASTM A-615, Grade 60.
D. Welded Wire Fabric shall be ASTM A-185.
E. Abrasive Blast Material shall be "Black Beauty", as manufactured by Reed Minerals,
a Division of Harsco Corporation, South Kearny, NJ or approved equal.
2.3 EQUIPMENT
Abrasive Blast Equipment shall be as manufactured by the following, or an approved
equal.
1. "Clemco" by Clementina, Oakland, CA.
2. "Pauli and Griffin" by Pauli Griffin, Vacaville, CA.
3. "Sandstorm" by Bowen Tools, Inc., Houston, TX.
PART 3 - EXECUTION
3.1 SURFACE PREPARATION
A. The type and extent of deteriorated or delaminated concrete to be repaired shall be
as shown on the Contract Drawings.
B. Square off the concrete area to be repaired with a 1/2 inch sawcut, and remove all
loose, deteriorated and delaminated concrete by means of pneumatic or mechanical
chipping tools, with a maximum weight of 30 lbs.
C. Removal of loose, deteriorated and delaminated concrete, efflorescence and
incrustation on concrete surfaces by means of pneumatic or mechanical chipping
tools shall be done as follows:
1. Pneumatic hammers heavier than nominal 30-pound class shall not be used.
2. Pneumatic hammers or mechanical chipping tools shall be operated at an
angle not to exceed 45 degrees relative to the surface of the area being
repaired.
3. The Contractor shall remove deteriorated concrete to a sound surface for a
depth not less than 1/4 inch nor more than 3/4 inch beyond the deteriorated
layer of concrete, except as noted in 3.01 F.
4. All concrete surfaces to be repaired, shall be cleaned of dirt, dust, laitance and
other contaminants by abrasive blasting to yield a dry and sound concrete
surface. Such work shall be performed within the same work period that the
installation of the concrete spall repair material takes place.
D. The Contractor shall not use power tools to remove concrete adhered to exposed
reinforcing steel. Removal of concrete, rust and/or corrosion adhered to exposed
rebars shall be performed by abrasive blasting to a SSPC-SP6 surface finish.
E. The Contractor shall not damage or debond reinforcing steel, or shatter concrete
beyond the area to be repaired.
F. If concrete removal has exposed more than half of the perimeter of a reinforcing
bar, the rebar shall be completely exposed to clear the remaining concrete by a
minimum of 1 inch. The Contractor shall not pry up or displace rebars to
accomplish this clearance.
G. Corroded reinforcing bars, which exhibit 20% loss of cross section area, or more
after cleaning, shall be replaced in kind. Contractor shall notify the Engineer for
repair details, unless specifically addressed on the Contract Drawings..
3.2 REPAIR MATERIAL INSTALLATION
A. After preparing the concrete surface to be repaired in accordance with the
requirements of 3.01, and immediately prior to priming, such concrete surface shall
be moistened with clean water without leaving any standing water. The moist
condition will not be required, if the concrete spall repair material manufacturer
specifically recommends that the surface area to be repaired not be moistened.
B. The concrete surface to be repaired shall be primed by scrubbing a slurry mix of the
concrete spall repair material into the substrate using a mason's brush. The slurry
shall be mixed in accordance with the manufacturer's recommendations, and its
application shall be immediately followed by the installation of the approved
concrete spall repair material.
C. The concrete spall repair material shall be mixed, handled and placed in strict
conformance with the manufacturer's instructions, and the surface shall be finished
as shown on the Contract Drawings, to match the existing concrete surface.
D. Horizontal concrete repair areas greater than 3/4 inch in depth shall have the
concrete spall repair material extended with size No. 8 stone aggregate in
accordance with the manufacturers recommendations, or as approved by the
Engineer.
E. All overhead or vertical concrete spall repairs shall be cured using an approved water
based curing and sealing membrane compound, placed in accordance with
manufacturer’s written instructions. Refer to contract drawings for approved
materials.
SECTION 03734 - STRUCTURAL CONCRETE CRACK REPAIRS
PART 1 - GENERAL
1.1 SUMMARY
This Section specifies the requirements for the repair of concrete cracks by the
following methods:
A. Pressure Injection
1.2 PERFORMANCE AND ENVIRONMENTAL REQUIREMENTS
A. General
1. All work under this Section shall be performed in strict accordance with the
environmental requirements and instruction provided by the manufacturer of
the specified product.
2. All repair materials shall be installed within the range of ambient
temperatures and humidity and within the range of surface temperatures and
moisture of concrete surface specified by the manufacturer of the repair
material.
3. Furnish all labor, materials and equipment required to assist the Engineer in
performing inspection and testing. Make scaffolding and other equipment
available as necessary to permit access to all portions of the installation.
1.3 QUALITY ASSURANCE
A. General
1. The entity performing the Work under this Section shall have a minimum of
five years experience and shall have successfully completed at least two
projects within the past three years involving quantities and complexities
equal to those required under this Section.
2. The Contractor shall obtain a letter signed by a duly authorized representative
for the manufacturer of each repair material stating that the entity performing
the repair of concrete cracks by any of the methods in Section 1.1 shown on
the Contract Drawings has equipment appropriate for the tasks and the
training and experience to properly perform the work under this Section.
3. Initially, at locations determined by the Engineer, the Contractor shall perform
one repair installation for each of the test methods in 1.1 shown on the
Contract Drawings to demonstrate his ability in performing the Work in strict
compliance with the requirements of this section and to the satisfaction of
both the Engineer and the manufacturer's representative, as per 1.3 A.-5. The
Contractor shall submit the plan for each test installation to the Engineer for
approval. The test installations shall be performed in the same manner as
proposed for production Work. The production Work shall be performed after
approval of the test installation(s).
4. Where results from test repair installations or from 1.3 B.-1.are found to be
unacceptable, the Contractor shall propose a method for correcting all
unacceptable Work, correct the Work to the satisfaction of the Engineer and
take those measures necessary to assure that all subsequent repair Work will
be acceptable, all at no additional cost to the Owner. Measures shall include
any or all of the following: modification of equipment, changing repair
materials, or employment of more competent personnel.
5. The Contractor shall arrange for the presence of a duly authorized
representative of the manufacturer of the repair material, during the first two
days performance of the concrete crack repair Work, who shall ensure that the
Contractor's work force has the appropriate equipment, training, and
experience to properly perform the Work in strict accordance with the
manufacturer's specifications and instructions. As ordered by the Engineer,
the duly authorized representative may be present beyond the first two days of
the Work. The payment of the additional days shall be paid at the net cost,
thereof, provided that cause for additional days are not due to Contractor's
poor performance.
6. All materials and equipment including extra (backup) equipment shall be at
the work site and shown to be in proper calibration and working order to the
satisfaction of the Engineer, before commencing with crack repairs.
B. Pressure Injection
1. In repairs involving pressure injection of cracks, the Engineer will take core
samples of two inches in diameter along the path of the injected crack for
examination and testing. The number of core samples per each length of
crack, longer than 20 feet long, shall be that yielded by dividing the entire
length of the crack by 20 feet and rounding to the nearest whole number. The
minimum number of core samples per each length of crack, shorter than 20
feet long, shall be one. For acceptance the cores shall show evidence that at
least 90 percent of the depth of the cracks have been filled by the injected
resin, unless noted otherwise on the Contract Drawings. Core holes shall be
patched by the Contractor in an approved method and finished to match the
adjacent surfaces to the satisfaction of the Engineer. The Engineer may take
additional cores for testing, if and when he deems necessary.
1.4 DELIVERY STORAGE, AND HANDLING
A. Deliver all materials in the manufacturers sealed original containers bearing the
manufacturer's name and product identification, and batch or lot number clearly
identified, in a manner to prevent damage by breakage, water or moisture.
B. Store all repair material on platforms and cover it as required to protect it from the
elements.
C. All materials shall be used during their manufacturer's recommended shelf life, but
not after one year from the date of manufacture.
D. The Engineer will sample all materials on site and test them for conformance to
manufacturer's specifications, at least once during the work.
PART 2 - PRODUCTS
MANUFACTURERS
Injection Sealants to be the following or approved equal:

“Sikadur 55 SLV” by Sika Group
2.2 MATERIALS
A. General
1. The method(s) of concrete crack repair are shown on the Contract Drawings.
No substitution(s) will be allowed.
2. All crack repair material components shall be supplied by the same
manufacturer.
3. Solvents used for cleaning shall be approved by the product's manufacturer
and shall be non-chlorinated.
1. Injection material components shall be completely reactive with each other
and shall not be thinned.
2.3 ACCESSORIES
A. Pressure Injection
1. The equipment to be used for pressure injection shall be in strict accordance
with the injection material manufacturer's instructions.
2. The pressure injection equipment shall be capable of achieving pumping
pressures consistent with the recommendations of the product's manufacturer
and of mixing reactive components of injection material at a constant volume
ration within a tolerance of 5 percent.
3. Pressure pot systems and hand-held caulking guns, or grease guns, will not be
permitted as pressure injection equipment, unless otherwise approved by the
Engineer.
4. Injection ports shall be either surface mounted or set in drilled holes as shown
on the Contract Drawings. Where drilled holes are called for, holes shall be
drilled using drills fitted with a hollow drill bit, swivel chuck, and vacuum to
ensure that port holes are free of pulverized concrete powder. Rotary hammer
drills shall not be used.
PART 3 - EXECUTION
3.1 EXAMINATION
Prior to commencing with the Work, the cracks to be repaired shall be thoroughly
examined and the complete path mapped on the exterior concrete surface.
3.2 PREPARATION
A. General
1. All loose concrete material in the vicinity of the crack shall be removed and
the crack path shall be cleaned of dirt, laitance and other contaminants in
accordance with the surface preparation in the manufacturer's specifications.
In addition, where shown on the Contract Drawings, clean the surface and the
cracks by solvent cleaning, washing and/or flushing.
2. Concrete surfaces and routed cracks which are designated to be sealed shall be
cleaned by abrasive blasting and then by air blowing in order to remove
substances which may interfere with adhesion of the sealer materials.
3. The Contractor shall coordinate cleaning, vacuuming, wetting, drying and
surface preparation. Vacuum the concrete surfaces and all cracks after
cleaning to remove all residue, dirt, sand and grit.
4. Protect adjacent existing finished surfaces from damage or marring of finishes
as approved by the Engineer.
5. All residue and debris resulting from the Contractor's Work shall be placed in
labeled containers supplied by the Contractor and shall be removed from the
site and properly disposed of by the Contractor.
1. On concrete crack repairs performed by the method of pressure injection,
locate entry ports along the path of the crack at each end and at intermediate
locations spaced in accordance with the recommendations of the manufacturer
of the material or as otherwise shown on the Contract Drawings.
2. Where ports are set in drilled holes, sites for round injection ports shall be
drilled to a hole diameter and depth sufficient to assure a snug fit of the port.
The drill hole shall be deep enough to allow a small reservoir below the
bottom of the port which shall be set into the hole a minimum of one-half inch
below the surface. All dust shall be thoroughly removed after the drilling
operation.
3. Pressure injection ports and the entire path of the crack shall be sealed with
the crack surface sealer material. The surface sealer material shall be allowed
to cure in accordance with the manufacturer's recommendations prior to
commencing with pressure injection.
3.3 APPLICATION
A. General
1. The Contractor shall be required to have present a manufacturer's technical
representative, as per 1.3 A.1-6., to ascertain that each different type of repair
is being performed correctly and successfully.
1. The reactive components of the repair material shall be mixed at a constant
ratio in accordance with the manufacturer's recommendations just prior to
injection.
2. Prior to commencing with the pressure injection, the equipment shall be
activated and approximately eight ounces of mixed injection material shall be
deposited into a container to ensure that the equipment is working properly.
3. The pressure injection of the repair material shall begin at the entry port at the
lowest elevation. Injection shall continue at the first port until the material
begins to flow out of the port at the next highest elevation. If the injection
process forces water out of the port, the injection shall continue until the
material flows from the higher port. The first port shall then be plugged or
sealed and pressure injection started at the second port until the material flows
again from the next highest port. This sequence shall be repeated until the
entire set of ports in the crack or void have flowed with the material and have
been sealed.
4. When the repair material supply in the injection equipment is about to be
exhausted, it shall be replenished without discontinuity of flow or change in
mixing ratio.
5. In the event of leakage from the sealed crack surface, the injection process
will be stopped until the leak is sealed. Any work stoppage of more than
fifteen minutes will require cleaning of the mixing chamber and other
equipment with mixed repair material.
6. Injection pressure shall be adjusted to avoid excessive stress build-up in the
concrete and further propagation of the cracks. Pressure shall be increased
gradually until the resin flows from the adjacent port.
7. After the pressure injection is complete, allow the repair material to cure fully
in accordance with the manufacturer's recommendations. Drill out and/or
remove ports and surface sealer and finish the surface to be flush with and to
match with the adjacent existing finish. A power grinder shall be used to
finish the surface unless otherwise shown on the Contract Drawings.
END OF SECTION C 03734
SECTION 05120-STRUCTURAL STEEL FRAMING
GENERAL
RELATED DOCUMENTS
SUMMARY
Section Includes:
Structural steel.
Grout.
Related Sections:
Division 09 painting Sections for surface-preparation and priming requirements.
DEFINITIONS
Structural Steel: Elements of structural-steel frame, as classified by AISC 303, "Code of Standard Practice
for Steel Buildings and Bridges."
Seismic-Load-Resisting System: Elements of structural-steel frame designated as "SLRS" or along grid

lines designated as "SLRS" on Drawings, including columns, beams, and braces and their
connections.
ACTION SUBMITTALS
Product Data: For each type of product indicated.
Shop Drawings: Show fabrication of structural-steel components.
Include details of cuts, connections, splices, camber, holes, and other pertinent data.
Include erection drawings.
Indicate welds by standard AWS symbols, distinguishing between shop and field welds, and show
size, length, and type of each weld. Show backing bars that are to be removed and
supplemental fillet welds where backing bars are to remain.
Indicate type, size, and length of bolts, distinguishing between shop and field bolts. Identify
pretensioned and slip-critical high-strength bolted connections.
Welding Procedure Specifications (WPSs) and Procedure Qualification Records (PQRs): Provide
according to AWS D1.1/D1.1M, "Structural Welding Code - Steel," for each welded joint.
INFORMATIONAL SUBMITTALS
Qualification Data: For qualified Installer and fabricator.
Welding certificates.
Mill test reports for structural steel, including chemical and physical properties.
Product Test Reports: For the following:
Bolts, nuts, and washers including mechanical properties and chemical analysis.
Nonshrink grout.
QUALITY ASSURANCE
Fabricator Qualifications: A qualified fabricator that participates in the AISC Quality Certification
Program and is designated an AISC-Certified Plant, Category STD.
Installer Qualifications: A qualified installer who participates in the AISC Quality Certification Program
and is designated an AISC-Certified Erector, Category.
Welding Qualifications: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural
Welding Code - Steel."
Welders and welding operators performing work on bottom-flange, demand-critical welds shall
pass the supplemental welder qualification testing, as required by AWS D1.8. FCAW-S
and FCAW-G shall be considered separate processes for welding personnel qualification.
Store materials to permit easy access for inspection and identification. Keep steel members off ground
and spaced by using pallets, dunnage, or other supports and spacers. Protect steel members and
packaged materials from corrosion and deterioration.
Do not store materials on structure in a manner that might cause distortion, damage, or overload
to members or supporting structures. Repair or replace damaged materials or structures
as directed.
Store fasteners in a protected place in sealed containers with manufacturer's labels intact.
Fasteners may be repackaged provided Owner's testing and inspecting agency observes
repackaging and seals containers.
Clean and relubricate bolts and nuts that become dry or rusty before use.
Comply with manufacturers' written recommendations for cleaning and lubricating ASTM F 1852
fasteners and for retesting fasteners after lubrication.
COORDINATION
Coordinate selection of shop primers with topcoats to be applied over them. Comply with paint and coating
manufacturers' recommendations to ensure that shop primers and topcoats are compatible with one
another.
Coordinate installation of anchorage items to be embedded in or attached to other construction without

delaying the Work. Provide setting diagrams, sheet metal templates, instructions, and directions
for installation.
PRODUCTS
STRUCTURAL-STEEL MATERIALS
Channels, Angles - Shapes: ASTM A 36.
Plate and Bar: ASTM A 36.
Cold-Formed Hollow Structural Sections: ASTM A 500, Grade B, structural tubing.
Welding Electrodes: Comply with AWS requirements. Shall be E70XX.
BOLTS, CONNECTORS, AND ANCHORS
High-Strength Bolts, Nuts, and Washers: ASTM A 325, Type 1, heavy-hex steel structural bolts;
ASTM A 563, Grade C, heavy-hex carbon-steel nuts; and ASTM F 436, Type 1, hardened carbon-
steel washers; all with plain finish.
Anchor Rods: ASTM F 1554, Grade 36.

Nuts: ASTM A 563 hex carbon steel.
Plate Washers: ASTM A 36 carbon steel.
Washers: ASTM F 436 Type 1, hardened carbon steel.
GROUT
Nonmetallic, Shrinkage-Resistant Grout: ASTM C 1107, factory-packaged, nonmetallic aggregate grout,

noncorrosive and nonstaining, mixed with water to consistency suitable for application and a 30-
minute working time.
FABRICATION
Structural Steel: Fabricate and assemble in shop to greatest extent possible. Fabricate according to AISC's
"Code of Standard Practice for Steel Buildings and Bridges" and AISC 360.
Camber structural-steel members where indicated.
Fabricate beams with rolling camber up.
Mark and match-mark materials for field assembly.
Complete structural-steel assemblies, including welding of units, before starting shop-priming
operations.
Thermal Cutting: Perform thermal cutting by machine to greatest extent possible.
Plane thermally cut edges to be welded to comply with requirements in AWS D1.1/D1.1M.
Bolt Holes: Cut, drill, or punch standard bolt holes perpendicular to metal surfaces.
Finishing: Accurately finish ends of columns and other members transmitting bearing loads.
Cleaning: Clean and prepare steel surfaces that are to remain unpainted according to SSPC-SP 3, "Power
Tool Cleaning."
Holes: Provide holes required for securing other work to structural steel and for other work to pass through
steel framing members.
Cut, drill, or punch holes perpendicular to steel surfaces. Do not thermally cut bolt holes or enlarge
holes by burning.
Baseplate Holes: Cut, drill, mechanically thermal cut, or punch holes perpendicular to steel
surfaces.
Weld threaded nuts to framing and other specialty items indicated to receive other work.
SHOP CONNECTIONS
Weld Connections: Comply with AWS D1.1/D1.1M for tolerances, appearances, welding procedure
specifications, weld quality, and methods used in correcting welding work.
Assemble and weld built-up sections by methods that will maintain true alignment of axes without
exceeding tolerances in AISC 303 for mill material.
SHOP PRIMING
Shop prime steel surfaces except the following:
Surfaces embedded in concrete or mortar. Extend priming of partially embedded members to a

depth of 2 inches.
Surfaces to be field welded.
Surfaces to be high-strength bolted with slip-critical connections.
Surfaces to receive sprayed fire-resistive materials (applied fireproofing).
Galvanized surfaces.
Surface Preparation: Clean surfaces to be painted. Remove loose rust and mill scale and spatter, slag, or
flux deposits. Prepare surfaces according to the following specifications and standards:
SSPC-SP 3, "Power Tool Cleaning."
Priming: Immediately after surface preparation, apply primer according to manufacturer's written
instructions and at rate recommended by SSPC to provide a minimum dry film thickness of 1.5
mils. Use priming methods that result in full coverage of joints, corners, edges, and exposed
surfaces.
Stripe paint corners, crevices, bolts, welds, and sharp edges.

Apply two coats of shop paint to surfaces that are inaccessible after assembly or erection. Change
color of second coat to distinguish it from first.
GALVANIZING
Hot-Dip Galvanized Finish: Apply zinc coating by the hot-dip process to structural steel according to
ASTM A 123/A 123M.
Fill vent and drain holes that will be exposed in the finished Work unless they will function as
weep holes, by plugging with zinc solder and filing off smooth.
Galvanize lintels and shelf angles attached to structural-steel frame and located in exterior walls.
SOURCE QUALITY CONTROL
Testing Agency: Owner will engage an independent testing and inspecting agency to perform shop tests
and inspections and prepare test reports.
Provide testing agency with access to places where structural-steel work is being fabricated or
produced to perform tests and inspections.
Correct deficiencies in Work that test reports and inspections indicate does not comply with the Contract
Documents.
Bolted Connections: Shop-bolted connections will be inspected according to RCSC's "Specification for
Structural Joints Using ASTM A 325 or A 490 Bolts."
Welded Connections: In addition to visual inspection, shop-welded connections will be tested and
inspected according to AWS D1.1/D1.1M and the following inspection procedures, at testing
agency's option:
Magnetic Particle Inspection: ASTM E 709; performed on root pass and on finished weld. Cracks
or zones of incomplete fusion or penetration will not be accepted.
Ultrasonic Inspection: ASTM E 164.
In addition to visual inspection, shop-welded shear connectors will be tested and inspected according to
requirements in AWS D1.1/D1.1M for stud welding and as follows:
Bend tests will be performed if visual inspections reveal either a less-than-continuous 360-degree
flash or welding repairs to any shear connector.
Tests will be conducted on additional shear connectors if weld fracture occurs on shear connectors
already tested, according to requirements in AWS D1.1/D1.1M.
EXECUTION
EXAMINATION
Verify, with steel Erector present, elevations of concrete- and masonry-bearing surfaces and locations of
anchor rods, bearing plates, and other embedments for compliance with requirements.
Prepare a certified survey of bearing surfaces, anchor rods, bearing plates, and other embedments
showing dimensions, locations, angles, and elevations.
Proceed with installation only after unsatisfactory conditions have been corrected.
PREPARATION
Provide temporary shores, guys, braces, and other supports during erection to keep structural steel secure,
plumb, and in alignment against temporary construction loads and loads equal in intensity to
design loads. Remove temporary supports when permanent structural steel, connections, and
bracing are in place unless otherwise indicated.
Do not remove temporary shoring supporting composite deck construction until cast-in-place
concrete has attained its design compressive strength.
ERECTION
Set structural steel accurately in locations and to elevations indicated and according to AISC 303 and
AISC 360.
Base Plates: Clean concrete- and masonry-bearing surfaces of bond-reducing materials, and roughen
surfaces prior to setting plates. Clean bottom surface of plates.
Set plates for structural members on wedges, shims, or setting nuts as required.
Weld plate washers to top of baseplate.
Snug-tighten anchor rods after supported members have been positioned and plumbed. Do not
remove wedges or shims but, if protruding, cut off flush with edge of plate before packing
with grout.
Promptly pack grout solidly between bearing surfaces and plates so no voids remain. Neatly finish
exposed surfaces; protect grout and allow to cure. Comply with manufacturer's written
installation instructions for shrinkage-resistant grouts.
Maintain erection tolerances of structural steel within AISC's "Code of Standard Practice for Steel
Buildings and Bridges."
Align and adjust various members that form part of complete frame or structure before permanently
fastening. Before assembly, clean bearing surfaces and other surfaces that will be in permanent
contact with members. Perform necessary adjustments to compensate for discrepancies in
elevations and alignment.
Level and plumb individual members of structure.

Make allowances for difference between temperature at time of erection and mean temperature
when structure is completed and in service.
Splice members only where indicated.
Do not use thermal cutting during erection.
Do not enlarge unfair holes in members by burning or using drift pins. Ream holes that must be enlarged
to admit bolts.
Shear Connectors: Prepare steel surfaces as recommended by manufacturer of shear connectors. Use
automatic end welding of headed-stud shear connectors according to AWS D1.1/D1.1M and
manufacturer's written instructions.
FIELD CONNECTIONS
Weld Connections: Comply with AWS D1.1/D1.1M for tolerances, appearances, welding procedure
specifications, weld quality, and methods used in correcting welding work.
Comply with AISC 303 and AISC 360 for bearing, alignment, adequacy of temporary connections,
and removal of paint on surfaces adjacent to field welds.
Remove backing bars or runoff tabs, back gouge, and grind steel smooth.
Assemble and weld built-up sections by methods that will maintain true alignment of axes without
exceeding tolerances in AISC's "Code of Standard Practice for Steel Buildings and
Bridges" for mill material.
Testing Agency: Owner will engage a qualified independent testing and inspecting agency to inspect field
welds and high-strength bolted connections.
Bolted Connections: Bolted connections will be inspected according to RCSC's "Specification for
Structural Joints Using ASTM A 325 or A 490 Bolts."
Welded Connections: Field welds will be visually inspected according to AWS D1.1/D1.1M.
In addition to visual inspection, field welds will be tested and inspected according to
AWS D1.1/D1.1M and the following inspection procedures, at testing agency's option:
Magnetic Particle Inspection: ASTM E 709; performed on root pass and on finished weld.
Cracks or zones of incomplete fusion or penetration will not be accepted.
Ultrasonic Inspection: ASTM E 164.
In addition to visual inspection, test and inspect field-welded shear connectors according to requirements
in AWS D1.1/D1.1M for stud welding and as follows:
Perform bend tests if visual inspections reveal either a less-than-continuous 360-degree flash or
welding repairs to any shear connector.
Conduct tests on additional shear connectors if weld fracture occurs on shear connectors already
tested, according to requirements in AWS D1.1/D1.1M.
Correct deficiencies in Work that test reports and inspections indicate does not comply with the Contract
Documents.
REPAIRS AND PROTECTION
Galvanized Surfaces: Clean areas where galvanizing is damaged or missing and repair galvanizing to
comply with ASTM A 780.
Touchup Painting: Immediately after erection, clean exposed areas where primer is damaged or missing
and paint with the same material as used for shop painting to comply with SSPC-PA 1 for touching
up shop-painted surfaces.
Clean and prepare surfaces by SSPC-SP 2 hand-tool cleaning or SSPC-SP 3 power-tool cleaning.
Touchup Painting: Cleaning and touchup painting are specified in Division 09 painting Sections.
END OF SECTION
SECTION 061000 - ROUGH CARPENTRY
GENERAL
1.1 SECTION INCLUDES
Parking Garage Vehicle Barriers
1.2 REFERENCE STANDARDS
A. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless
otherwise indicated.
ANSI A208.1 - American National Standard for Particleboard.
AFPA T10 - WFCM: Wood Frame Construction Manual for One- and Two-Family Dwellings; American
Forest and Paper Association.
APA PRP-108/ APA PRP-108,Form B455 - Performance Standards and Qualification Policy for Structural-
Use Panels.
ASTM A 153/A 153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware.
ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-
Coated (Galvannealed) by the Hot-Dip Process.
ASTM C 208 - Standard Specification for Cellulosic Fiber Insulating Board.
ASTM C 578 - Standard Specification for Rigid, Cellular Polystyrene Thermal Insulation.
ASTM C 1177/C 1177M - Standard Specification for Glass Mat Gypsum Substrate for Use as Sheathing.
ASTM C 1396/C 1396M - Standard Specification for Gypsum Board.
ASTM D 2898 - Standard Test Methods for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire
Testing.
ASTM E 84 - Standard Test Method for Surface Burning Characteristics of Building Materials.
AWPA C2 - Lumber, Timber, Bridge Ties and Mine Ties -- Preservative Treatment by Pressure Processes;
American Wood-Preservers' Association.
AWPA C9 - Plywood -- Preservative Treatment by Pressure Processes; American Wood-Preservers'
Association.
AWPA C20 - Structural Lumber -- Fire Retardant Treatment by Pressure Processes; American Wood-
Preservers' Association.
AWPA C27 - Plywood -- Fire-Retardant Treatment by Pressure Processes; American Wood-Preservers'
Association.
AWPA U1 - Use Category System: User Specification for Treated Wood; American Wood-Preservers'
Association.
ICC-ES AC38 - Acceptance Criteria for Water-Resistive Barriers; ICC Evaluation Service, Inc.
PS 1 - Structural Plywood.
PS 20 - American Softwood Lumber Standard; National Institute of Standards and Technology (Department
of Commerce).
RIS (GR) - Standard Specifications for Grades of California Redwood Lumber; Redwood Inspection Service.
SPIB (GR) - Grading Rules; Southern Pine Inspection Bureau, Inc.
WCLB (GR) - Standard Grading Rules for West Coast Lumber No. 17; West Coast Lumber Inspection Bureau.
WWPA G-5 - Western Lumber Grading Rules; Western Wood Products Association.
1.3 SUBMITTALS
A. Product Data: Provide technical data on insulated sheathing, wood preservative materials, application
instructions, and fire retardant treating material. Include treating plant's instructions for use, including
storage, cutting and finishing.
Manufacturer's Certificate: Certify that wood products supplied for rough carpentry meet or exceed specified
requirements.
Material Certificates: For dimension lumber specified by minimum allowable unit stress, submit:
Statement of species and grade selected for each application.
Grading agency's grading rules showing allowable design values accepted by the Board of Review of American
Lumber Standards Committee.
1. Pressure preservative treatment: Treating plant's certification of compliance with specified standards
and stating process employed and preservative retention values.
Treatment for above-ground use: Certification of moisture content being as specified.
Include data for fire-retardant treatment from chemical treatment manufacturer and certification by
treating plant that treated materials comply with requirements. Include physical properties of
treated materials based on testing by a qualified independent testing agency.
2. For composite wood products, documentation indicating that product contains no urea formaldehyde.
QUALITY ASSURANCE
A. Source Limitations for Engineered Wood Products: Obtain each type of engineered wood product
through one source from a single manufacturer.
Grade Stamps for Concealed Lumber: Each piece of lumber, applied by inspection agency and showing
compliance with each specified requirement.
Construction Panels: Comply with NBS PS 1 where veneer plywood is specified; comply with APA PRP-108
where APA rated panels are specified; bearing APA trademark showing compliance with each specified
requirement.
Certified Wood: Materials shall be produced from wood obtained from forests certified by an FSC-accredited
certification body to comply with FSC STD-01-001, "FSC Principles and Criteria for Forest Stewardship."
Referenced Standards:
1. If references herein to industry standards that do not include a date, the following dates shall be
assigned to those references. The order of the list indicates the order of precedence:
Date assigned by the specifications.
Date required by applicable codes/regulations.
Date of standard and/or product literature as published at time of bid opening date.
A. General: Cover wood products to protect against moisture. Support stacked products to prevent
deformation and to allow air circulation. Provide air circulation around stacks and under coverings.
Remove from the site any wood products that have been subjected to moisture or that do not comply with the
specified moisture requirements.
PART 2 - PRODUCTS
2.1 GENERAL REQUIREMENTS
A. Dimension Lumber: Comply with PS 20 and requirements of specified grading agencies.
B. Species: Douglas Fir-Larch or Southern Yellow Pine, unless otherwise indicated.
1. If no species is specified, provide any species graded by the agency specified; if no grading agency is
specified, provide lumber that complies with the applicable rules of any rules- writing agency
certified by the ALSC Board of Review
C. Grading Agency: Any grading agency whose rules are approved by the Board of Review, American
Lumber Standard Committee (www.alsc.org) and who provides grading service for the species and grade
specified; provide lumber stamped with grade mark unless otherwise indicated.
1. Lumber of other species or grades is acceptable provided structural and appearance characteristics
are equivalent to or better than products specified.
Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for moisture content
specified. Where actual sizes are indicated, they are minimum dressed sizes for dry lumber.
Provide dressed lumber, S4S, unless otherwise indicated.
2.2 WOOD-PRESERVATIVE-TREATED LUMBER
A. Preservative Treatment by Pressure Process: In accordance with AWPA T1.
1. Preservative Chemicals: Acceptable to authorities having jurisdiction and containing no arsenic or
chromium.
2. For exposed items indicated to receive a stained or natural finish, use chemical formulations that do
not require incising, contain colorants, bleed through, or otherwise adversely affect finishes.
Kiln-dry lumber after treatment to a maximum moisture content of 19 percent. Do not use material that is
warped or does not comply with requirements for untreated material.
Mark lumber with treatment quality mark of an inspection agency approved by the ALSC Board of Review.
For exposed lumber indicated to receive a stained or natural finish, mark end or back of each piece or omit
marking and provide certificates of treatment compliance issued by inspection agency, if allowed by
authorities having jurisdiction.
3. In drying process, prevent “stick marks” on exposed faces.
Application: Treat items indicated on Drawings, and the following:
4. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar members in
connection with roofing, flashing, vapor barriers, and waterproofing.
5. Wood sills, sleepers, blocking, furring, stripping, and similar concealed members in contact with
masonry or concrete.
6. Wood framing and furring attached directly to the interior of below-grade exterior masonry or
concrete walls.
7. Wood framing members that are less than 18 inches above the ground in crawlspaces or unexcavated
areas.
8. Wood floor plates that are installed over concrete slabs-on-grade.
9. Wood sheathing resting on concrete foundations and less than 8 inches above finish grade.
2.3 FIRE-RETARDANT-TREATED MATERIALS
A. General: Comply with performance requirements in AWPA T1.
1. Use Exterior type for exterior locations and where indicated.
2. Use Interior Type A, High Temperature (HT) for enclosed roof framing, framing in attic spaces, and
where indicated.
3. Use Interior Type A, unless otherwise indicated
Identify fire-retardant-treated wood with appropriate classification marking of testing and inspecting agency
acceptable to authorities having jurisdiction.
4. For exposed items indicated to receive a stained or natural finish, use chemical formulations that do
not bleed through, contain colorants, or otherwise adversely affect finishes.
Application: Treat items indicated, required to meet the fire resistance rating of wall or floor structure as noted
on the drawings and the following:
5. All locations required by code of authorities having jurisdiction.
6. Framing for raised platforms.
7. Concealed blocking.
8. Plywood backing panels.
Lumber fabricated from old growth timber is not permitted.
2.4 FACTORY WOOD TREATMENT
Fire Retardant Treatment:
9. Manufacturers:
Arch Wood Protection, Inc: www.wolmanizedwood.com.
Hoover Treated Wood Products, Inc: www.frtw.com.
Substitutions: See Section 016000 - Product Requirements.
10. Exterior Type: AWPA Use Category UCFB, Commodity Specification H (Treatment C20 for
lumber and C27 for plywood), chemically treated and pressure impregnated; capable of providing a
maximum flame spread rating of 25 when tested in accordance with ASTM E 84, with no evidence
of significant combustion when test is extended for an additional 20 minutes both before and after
accelerated weathering test performed in accordance with ASTM D 2898.
Kiln dry wood after treatment to a maximum moisture content of 19 percent for lumber and 15 percent
for plywood.
Treat all exterior rough carpentry items.
Do not use treated wood in direct contact with the ground.
11. Interior Type A: AWPA Use Category UCFA, Commodity Specification H (Treatment C20 for
lumber and C27 for plywood), low temperature (low hygroscopic) type, chemically treated and
pressure impregnated; capable of providing a maximum flame spread rating of 25 when tested in
accordance with ASTM E 84, with no evidence of significant combustion when test is extended for
an additional 20 minutes.
Kiln dry wood after treatment to a maximum moisture content of 19 percent for lumber and 15 percent
for plywood.
Treat rough carpentry items as indicated.
Do not use treated wood in applications exposed to weather or where the wood may become wet.
Preservative Treatment:
12. Manufacturers:
Arch Wood Protection, Inc: www.wolmanizedwood.com.
Chemical Specialties, Inc: www.treatedwood.com.
Osmose, Inc: www.osmose.com.
Substitutions: See Section 016000 - Product Requirements.
13. Preservative Pressure Treatment of Lumber Above Grade: AWPA Use Category UC3B, Commodity
Specification A (Treatment C2) using waterborne preservative to 0.25 lb/cu ft (4.0 kg/cu m)
retention.
Kiln dry lumber after treatment to maximum moisture content of 19 percent.
Treat lumber exposed to weather.
Treat lumber in contact with roofing, flashing, or waterproofing.
Treat lumber in contact with masonry or concrete.
Treat lumber less than 18 inches (450 mm) above grade.
Treat lumber in other locations as indicated.
2.5 FABRICATION
A. Fabricate in sizes and shapes indicated and using details indicated.
Edges and trim to be scribed to fit may be left loose.
Work preservative treated wood in accordance with treatment manufacturer's recommendations; treat cut
surfaces as recommended.
PART 3 - EXECUTION
3.1 PREPARATION
A. Coordinate installation of rough carpentry members specified in other sections.
3.2 INSTALLATION - GENERAL
A. Select material sizes to minimize waste.
Reuse scrap to the greatest extent possible; clearly separate scrap for use on site as accessory components,
including: shims, bracing, and blocking.
Where treated wood is used on interior, provide temporary ventilation during and immediately after installation
sufficient to remove indoor air contaminants.
3.3 FRAMING INSTALLATION
A. Set structural members level, plumb, and true to line. Discard pieces with defects that would lower
required strength or result in unacceptable appearance of exposed members.
Make provisions for temporary construction loads, and provide temporary bracing sufficient to maintain
structure in true alignment and safe condition until completion of erection and installation of permanent
bracing.
Install structural members full length without splices unless otherwise specifically detailed.
Comply with member sizes, spacing, and configurations indicated, and fastener size and spacing indicated, but
not less than required by applicable codes and AFPA Wood Frame Construction Manual.
Install horizontal spanning members with crown edge up and not less than 1-1/2 inches (38 mm) of bearing at
each end.
3.4 BLOCKING AND SUPPORTS

A. Provide framing and blocking members as indicated or as required to support finishes, fixtures, specialty
items, and trim.
3.5 SITE APPLIED WOOD TREATMENT
A. Apply preservative treatment compatible with factory applied treatment at site-sawn cuts, complying
with manufacturer's instructions.
Allow preservative to dry prior to erecting members.
3.6 TOLERANCES
A. Framing Members: 1/4 inch (6 mm) from true position, maximum.
Variation from Plane (Other than Floors): 1/4 inch in 10 feet (2 mm/m) maximum, and 1/2 inch in 30 feet (14
mm in 10 m) maximum.
3.7 CLEANING
A. Waste Disposal: Comply with the requirements of Section 017000.
Comply with applicable regulations.
Do not burn scrap on project site.
Do not burn scraps that have been pressure treated.
Do not send materials treated with pentachlorophenol, CCA, or ACA to co-generation facilities or “waste-
to-energy” facilities.
Do not leave any wood, shavings, sawdust, etc. on the ground or buried in fill.
Prevent sawdust and wood shavings from entering the storm drainage system.
END OF SECTION
SECTION 07180 – TRAFFIC COATINGS
GENERAL
RELATED DOCUMENTS
SUMMARY
This specification describes the application of a seamless waterproofing membrane resistant to specified traffic
wear exposures. The specified products shall meet or exceed requirements of ASTM C957, High-Solids
Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane with Integral Wearing Surface.
SUBMITTALS
Submit two copies of manufacturer's literature, to include: Product Data Sheet, and appropriate Material Safety
Data Sheets (MSDS).
QUALITY ASSURANCE
A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001/9002
certified and have in existence a recognized ongoing quality assurance program independently audited
on a regular basis.
B. Contractor qualifications: Contractor shall be qualified in the field of concrete repair and protection
with a successful track record of 5 years or more. Contractor shall maintain qualified personnel who
have received product training by a manufacturer's representative.
C. Install materials in accordance with all safety and weather conditions required by manufacturer or as
modified by applicable rules and regulations of local, state and federal authorities having jurisdiction.
Consult Material Safety Data Sheets for complete handling recommendations.
All materials must be delivered in original, unopened containers with the manufacturer’s name, labels, product
identification, and batch numbers. Damaged material must be removed from the site immediately.
Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use.
Condition the specified product as recommended by the manufacturer.
JOB CONDITIONS
A. Environmental Conditions: Do not apply material if it is raining or snowing or if such

conditions appear to be imminent. Minimum application temperature 40°F (5°C) and rising.
B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due
to mixing and handling of the specified coating.
WARRANTY
Provide a written warranty from the manufacturer against defects of materials for a period of one (1) year,
beginning with date of substantial completion of the project.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Any materials required for repair prior to installation shall be manufactured by the same supplier of
the proposed traffic coating system.
B. Traffic coatings shall be the following or approved equal:
1. Sikalastic 720/745 Traffic System by Sika Corp.
C. Total dry film thickness exclusive of aggregate shall be 41 mils for heavy pedestrian and light
vehicular traffic. See data sheet System Guide for coverage rates and application methods.
D. Aggregate shall be clean, rounded, oven dried quartz sand with a minimum gradation of 16-30 mesh for
vehicular traffic, and a minimum hardness of 6.5 per the Mob's scale. Aggregate shall be supplied in
pre-packaged bags and be free of metallic or other impurities.
PART 3 - EXECUTION
3.1 Surface Preparation

A. The substrate must be clean, dry, sound and free of surface contaminants. Remove all traces of
dust, laitance, grease, oils, curing compounds, form release agents and foreign particles by
mechanical means, i.e. - milling, scarifying, shotblasting, etc., as approved by the engineer.
Blow surface free of dust using compressed air line equipped with an oil trap. Surface Preparation
Surface must be clean, dry and sound with an open texture. Remove dust, laitance, grease, curing.
All projections, rough spots, etc. should be dressed off to achieve a level surface prior to the
application.
B. Concrete should be cleaned and prepared to achieve a laitance and contaminant free, open
textured surface by blast cleaning or equivalent mechanical means (CSP 3-4 per ICRI
guidelines).
3.2 Mock-up
A. A job site mock-up should always be completed to confirm acceptability of workmanship,
material coverage rates and aesthetics.
3.3 Installation
A. Coating & coating system to be installed by manufacturer’s requirement.
B. Provide additional material as required per manufacturer’s direction for required system.
3.4 Cleaning
A. Uncured materials can be removed from tools or other surfaces with an approved solvent.
Cured materials can only be removed by mechanical means.
B. Leave finished work and work area in a neat, clean condition without evidence of spillovers
onto adjacent areas.
SECTION 07900 – EXPANSION JOINT
GENERAL
RELATED DOCUMENTS
Joint Sealants shall be performed in accordance with Section 914 of the New Jersey Department of
Transportation Standard Specifications for Road and Bridge Construction, latest edition.
SUMMARY
The work shall consist of furnishing and installing waterproof expansion joints in accordance with the details
shown on the plans and the requirements of this specification.
SUBMITTALS
Product Data: For each joint product indicated.
Samples for Verification: For each type and color of joint required.
Product Certificates: For each type of joint and accessory, signed by product manufacturer.
Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, for
joint.
QUALITY ASSURANCE
A. Installer Qualifications: An employer of workers trained and approved by manufacturer.
B. Source Limitations: Obtain each type of joint through one source from a single manufacturer.
C. Pre-installation Inspection – the General Contractor, Engineer, Manufacturer’s Representative and

Certified Contractor, will conduct a pre-installation project site inspection. The General Contractor shall
provide a field report that summarizes the project conditions and any remedial action necessary to correct
field conditions (substrate, joint size, blockout, vertical offsets, etc.) that may affect expansion joint
system performance.
D. Service Condition - ensure that anticipated service conditions (loads, speed of traffic, movement, vertical
offsets, turning lanes, etc) are part of the expansion joint system selection criteria.
E. Certification / Installation – a factory-trained and “certified” contractor shall install the specified
expansion joint system. The contractor shall provide proof of certification from manufacturer and proof
of participation in manufacturer’s continuing education program.
F. Warranty – the Manufacturer and Certified Contractor jointly warrant to the Owner that the expansion
joint system shall be free from manufacturing, material and installation defects for a period of years from
the date of installation, based on specified movements and design conditions for normal traffic use as
recommended by the National Parking Association’s “Parking Facility Maintenance Manual” and subject
to the terms and conditions of the manufacturer’s standard written limited warranty. The warranty covers
leakage at the joint under normal use due to cohesive or adhesive failure and material failure related to
tearing, weathering or abrasion. No liability or responsibility is accepted due to defects in the concrete.
The Certified Contractor and Manufacturer shall provide at no charge, all materials and labor needed to
properly repair the defective expansion joint within the term of the warranty.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site in Manufacturer’s original, intact, labeled containers and store under cover in a
dry location until installed. Store off the ground in temperatures above 40ºF, protect from weather and
construction activities.
B. Store and handle materials to comply with manufacturer's written instructions to prevent their
deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes.
PRODUCTS
MANUFACTURERS
Expansion joints to be the following or approved equal:

“Thermaflex System” with cementious blockout replacements by Sika EMSEAL
“DSM System” by Sika EMSEAL
MATERIALS, GENERAL
A. Provide watertight expansion joint sealing system that meets the specified movement requirements and is
capable of accommodating vehicular and pedestrian traffic.
B. System shall consist of elastoprene, silicone or EPDM rubber seals that are secured to the concrete deck
creating a high performance monolithic sealing system that prevents water intrusion.
C. All expansion joint systems and glands shall comply with the Americans with Disabilities Act guidelines
to accept pedestrian traffic.
D. Select the system size at each joint location based on the existing conditions and per review of the
existing conditions by the structural engineer of record and the expansion joint manufacturer.
E. The same Manufacturer shall be used throughout the entire project inclusive of each type of expansion
joint selected.
F. The Certified Contractor must provide written confirmation, utilizing manufacturer’s product data,
ensuring that the model and size selected will comply with and accommodate expansion, contraction,
vertical displacement and lateral shear throughout the full movement cycle.
EXECUTION
3.1 INSTALLATION
A. Preparation of the Work Area
1. The contractor shall field verify the exact existing concrete expansion joint blockout dimensions.
This dimension is to be coordinated with the manufacturer for product compliance.
2. The contractor shall clean the joint opening of all contaminants immediately prior to installation of
expansion joint system. Repair spalled, irregular or unsound joint surfaces using accepted industry
practices for repair of the substrates in question. Remove protruding roughness to ensure joint sides
are smooth. Refer to Manufacturers Installation Guide for detailed step-by-step instructions.
3. System to be installed by qualified sub-contractors only according to detailed published installation
procedures and/or in accordance with job-specific installation instructions of manufacturer’s field
technician. Bids must include for presence of paid-for manufacturer’s field technician to be present
during initial preparation, inspection, and material installation.
3.2 CLEAN AND PROTECT
A. Protect the system and its components during construction. Heavy construction vehicles will not
be permitted to cross the expansion joint. Subsequent damage to the expansion joint system will
be repaired at the general contractor’s expense. After work is complete, clean exposed surfaces
with a suitable cleaner that will not harm or attack the finish.
SECTION 09900 - PAINTING
GENERAL
RELATED DOCUMENTS
SUMMARY
Section includes surface preparation and the application of paint systems on the following exterior substrates:
Metal.
Galvanized metal.
ACTION SUBMITTALS
Product Data: For each type of product. Include preparation requirements and application instructions.
Samples for Initial Selection: For each type of topcoat product.
Samples for Verification: For each type of paint system and each color and gloss of topcoat.
Submit Samples on rigid backing, 8 inches (200 mm) square.

Step coats on Samples to show each coat required for system.
Label each coat of each Sample.
Label each Sample for location and application area.
Product List: For each product indicated, include the following:
Cross-reference to paint system and locations of application areas. Use same designations indicated on
Drawings and in schedules.
Printout of current "MPI Approved Products List" for each product category specified, with the proposed
product highlighted.
VOC content.
QUALITY ASSURANCE
Mockups: Apply mockups of each paint system indicated and each color and finish selected to verify
preliminary selections made under Sample submittals and to demonstrate aesthetic effects and set quality
standards for materials and execution.
Engineer will select one surface to represent surfaces and conditions for application of each paint system
specified in Part 3.
Vertical and Horizontal Surfaces: Provide samples of at least 100 sq. ft. (9 sq. m).
Other Items: Engineer will designate items or areas required.
Final approval of color selections will be based on mockups.
If preliminary color selections are not approved, apply additional mockups of additional colors
selected by Engineer at no added cost to Owner.
Approval of mockups does not constitute approval of deviations from the Contract Documents contained
in mockups unless Engineer specifically approves such deviations in writing.
Subject to compliance with requirements, approved mockups may become part of the completed Work
if undisturbed at time of Substantial Completion.
Store materials not in use in tightly covered containers in well-ventilated areas with ambient temperatures
continuously maintained at not less than 45°F (7°C).
Maintain containers in clean condition, free of foreign materials and residue.

Remove rags and waste from storage areas daily.
FIELD CONDITIONS
Apply paints only when temperature of surfaces to be painted and ambient air temperatures are between 50 and
95°F
Do not apply paints in snow, rain, fog, or mist; when relative humidity exceeds 85 percent; at temperatures less
than 5°F above the dew point; or to damp or wet surfaces.
PRODUCTS
PAINT MANUFACTURERS
Except as otherwise noted, provide the painting products listed for all required painting made by one of the
manufacturers listed in the paint schedule (Section 2.4). These companies are Benjamin Moore, Akzo
Nobel Paint (Glidden Professional), and Sherwin Williams (S-W). Comply with number of coats and
required minimum mil thicknesses as specified herein.
Exterior primers and paints to be the following or approved equal:
Tnemec.
Carboline.
Sherwin Williams.
MATERIALS
Provide undercoat paint produced by the same manufacturer as the finish coats. Use only thinners approved by
the paint manufacturer, and use only to recommend limits.
Colors and Glosses: All colors and glosses shall be as selected by the Owner. Certain colors will require paint
manufacturer to prepare special factory mixes to match colors selected by the Owner. Color schedule
(with gloss) shall be furnished by the Owner.
Coloring Pigment: Products of or furnished by the manufacturer of the paint or enamel approved for the work.
Linseed Oil: Raw or boiled, as required, of approved manufacture, per ASTM D 234 and D 260, respectively.
Turpentine: Pure distilled gum spirits of turpentine, per ASTM D 13.
Shellac: Pure gum shellac (white or orange) cut in pure denatured alcohol using not less than four (4) lbs. of
gum per gallon of alcohol.
Driers, Putty, Spackling Compound, Patching Plaster, etc.: Best quality, of approved manufacture.
Heat Resistant Paint: Where required, use heat resistant paint when applying paint to heating lines and
equipment.
GENERAL STANDARDS
The various surfaces shall be painted or finished as specified below in Article 2.4. However, the Engineer
reserves the right to change the finishes within the range of flat, semi-gloss or gloss, without additional
cost to the Owner.
All paints, varnishes, enamels, lacquers, stains and similar materials must be delivered in the original containers
with the seals unbroken and label intact and with the manufacturer’s instructions printed thereon.
All painting, materials shall bear identifying labels on the containers with the manufacturer’s instructions
printed thereon.
Paint shall not be badly settled, caked or thickened in the container, shall be readily dispersed with a paddle to
a smooth consistency and shall have excellent application properties.
Paint shall arrive on the job color-mixed except for tinting of under-coats and possible thinning.
All thinning and tinting materials shall be as recommended by the manufacturer for the particular material
thinned or tinted.
It shall be the responsibility of the Contractor to see that all mixed colors match the color selection made by the
Engineer prior to application of the coating.
SCHEDULE OF FINISHES
Interior and Exterior Ferrous Metals
First Coat: “27 Typoxy” or “N69 Epoxoline II” by Tnemac; Carboguard 893 SG” or “Carboguard
888” by Carboline or “Recoatable Epoxy Primer 867-45” by Sherwin Williams.
Second Coat: “V73 Endura Shield” or “1074/1075” by Tnemec; “Carbothane 133 LH” by Carboline;
or “Hi-Solids Urethane B65-300/350” by Sherwin Williams.
DRAIN PIPING EXPOSED TO VIEW
Paint all exposed drain piping. The Contractor is cautioned not to paint or otherwise disturb moving parts in the
mechanical systems. Mask or otherwise protect all parts as required to prevent damage.
Exposed Uncovered Piping. Latex Enamel Undercoater and one (1) coat Acrylic Latex Flat.
Exposed Covered Piping: Primer/Sealer and one (1) coat Acrylic Latex Flat.
All surfaces of insulation and all other work to be painted shall be wiped or washed clean before any painting
is started.
SOURCE QUALITY CONTROL
Testing of Paint Materials: Owner reserves the right to invoke the following procedure:
Owner will engage the services of a qualified testing agency to sample paint materials. Contractor will
be notified in advance and may be present when samples are taken. If paint materials have already
been delivered to Project site, samples may be taken at Project site. Samples will be identified,
sealed, and certified by testing agency.
Testing agency will perform tests for compliance with product requirements.
Owner may direct Contractor to stop applying paints if test results show materials being used do not
comply with product requirements. Contractor shall remove noncomplying paint materials from
Project site, pay for testing, and repaint surfaces painted with rejected materials. Contractor will
be required to remove rejected materials from previously painted surfaces if, on repainting with
complying materials, the two paints are incompatible.
EXECUTION
EXAMINATION
Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum
moisture content and other conditions affecting performance of the Work.
Portland Cement Plaster Substrates: Verify that plaster is fully cured.
Verify suitability of substrates, including surface conditions and compatibility with existing finishes and
primers.
Proceed with coating application only after unsatisfactory conditions have been corrected.
Application of coating indicates acceptance of surfaces and conditions.
PREPARATION
Comply with manufacturer's written instructions and recommendations in "MPI Manual" applicable to
substrates and paint systems indicated.
Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted.
If removal is impractical or impossible because of size or weight of item, provide surface-applied
protection before surface preparation and painting.
After completing painting operations, use workers skilled in the trades involved to reinstall items that
were removed. Remove surface-applied protection.
Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and
incompatible paints and encapsulants.
Remove incompatible primers and reprime substrate with compatible primers or apply tie coat as required
to produce paint systems indicated.
Steel Substrates: Remove rust, loose mill scale, and shop primer if any. Clean using methods recommended
in writing by paint manufacturer but not less than the following:
SSPC-SP 6, "Commercial Blast Cleaning" at in-place existing steel

SSPC-SP 3, "Power Tool Cleaning" at new steel to be erected
Shop-Primed Steel Substrates: Clean field welds, bolted connections, and abraded areas of shop paint, and
paint exposed areas with the same material as used for shop priming to comply with SSPC-PA 1 for
touching up shop-primed surfaces.
Galvanized-Metal Substrates: Remove grease and oil residue from galvanized sheet metal by mechanical
methods to produce clean, lightly etched surfaces that promote adhesion of subsequently applied paints.
Aluminum Substrates: Remove loose surface oxidation.
APPLICATION
Apply paints according to manufacturer's written instructions and recommendations in "MPI Manual."
Use applicators and techniques suited for paint and substrate indicated.
Paint surfaces behind movable items same as similar exposed surfaces. Before final installation, paint
surfaces behind permanently fixed items with prime coat only.
Do not paint over labels of independent testing agencies or equipment name, identification, performance
rating, or nomenclature plates.
Primers specified in painting schedules may be omitted on items that are factory primed or factory
finished if acceptable to topcoat manufacturers.
Tint undercoats same color as topcoat, but tint each undercoat a lighter shade to facilitate identification of each
coat if multiple coats of same material are to be applied. Provide sufficient difference in shade of
undercoats to distinguish each separate coat.
If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform
paint finish, color, and appearance.
Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking,
runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks.
Dry Film Thickness Testing: Owner may engage the services of a qualified testing and inspecting agency to
inspect and test paint for dry film thickness.
Contractor shall touch up and restore painted surfaces damaged by testing.

If test results show that dry film thickness of applied paint does not comply with paint manufacturer's
written recommendations, Contractor shall pay for testing and apply additional coats as needed to
provide dry film thickness that complies with paint manufacturer's written recommendations.
CLEANING AND PROTECTION
At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site.
After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or
other methods. Do not scratch or damage adjacent finished surfaces.
Protect work of other trades against damage from paint application. Correct damage to work of other trades by
cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged
condition.
At completion of construction activities of other trades, touch up and restore damaged or defaced painted
surfaces. Paint systems in this article are based on "MPI Manual." For renovation projects, consult "MPI
Maintenance Repainting Manual" and revise paint systems accordingly.

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TOWNSHIP OF TOMS RIVER

33 Washington Street, P.O. Box 728

STANDARD CONTRACT DOCUMENTS AND

PARKING GARAGE REPAIR PLANS FOR

TOWNSHIP OF TOMS RIVER

Prepared by: Governing Body:

ROBERT J. CHANKALIAN, PE, CME MAYOR MAURICE B. HILL, JR.

Bidder’s Name ______________________________________________

IB - INSTRUCTION TO BIDDERS ............................................................................................ 1

Omissions and Discrepancies ........................................................................................................................................... 2

Qualifications of Bidders .................................................................................................................................................... 2

Comparison of Bids .............................................................................................................................................................. 2

Bid Submission ..................................................................................................................................................................... 2

Bidder's Warranty ................................................................................................................................................................. 3

Informal Bids .......................................................................................................................................................................... 3

Withdrawal of Bids ................................................................................................................................................................ 3

Withdrawal of Bids – Mistakes .......................................................................................................................................... 4

Obligation of Bidders ........................................................................................................................................................... 4

Lowest Qualified Bidder ...................................................................................................................................................... 5

Bid Security/Bid Deposit ..................................................................................................................................................... 5

Consent of Surety ................................................................................................................................................................. 6

Right to Reject Bids .............................................................................................................................................................. 6

Execution of Contract .......................................................................................................................................................... 7

Insurance Certificates .......................................................................................................................................................... 7

Power of Attorney ................................................................................................................................................................. 8

Non-Collusion Affidavit ....................................................................................................................................................... 8

Time for Completion ............................................................................................................................................................. 8

Phasing of Work .................................................................................................................................................................... 8

Information Not Guaranteed ............................................................................................................................................... 9

Sales and Use Taxes ............................................................................................................................................................ 9

Process of Resolution for Construction Contract Disputes .................................................................................... 10

Law Against Discrimination ............................................................................................................................................. 10

Compliance with New Jersey P.L. 1977 Chapter 33 N.J.S.A. 52:25-24.2............................................................... 11

Russia-Belarus and Iran Prohibition .............................................................................................................................. 11

Annual Political Contribution Disclosure Requirement ............................................................................................ 11

Federally Funded Contracts ............................................................................................................................................. 11

Federal Non-Debarment Certification ............................................................................................................................ 13

NJSA 40A:11-16.7 Changes, Changed Conditions, Change Orders ...................................................................... 13

BD - BID DOCUMENTS ............................................................................................................ 1

IMPORTANT BIDDER INFORMATION RE: BID BONDS ............................................................................................... 4

BID SUBMISSION NOTICE .................................................................................................................................................. 5

CONSTRUCTION CONTRACTS .............................................................................................. 9

CONTRACTOR'S AFFIDAVIT ............................................................................................................................................ 20

MAINTENANCE BOND ....................................................................................................................................................... 24

CONTRACTOR'S RELEASE .............................................................................................................................................. 27

NOTICE OF AWARD ........................................................................................................................................................... 29

NOTICE TO PROCEED ....................................................................................................................................................... 30

3. Project Administration ................................................................................................................................................ 4

4. Correlation and Intent of Contract Documents .................................................................................................... 5

5. Responsibilities and Obligations of Contractor ................................................................................................... 8

6. Responsibilities and Obligations of the Owner .................................................................................................. 23

7. Authority of the Engineer ..................................................................................................................................... 24

8. Conduct of the Work.................................................................................................................................................. 25

10. Miscellaneous ......................................................................................................................................................... 31

10.13 Prevailing Wage Rates ..................................................................................................................................... 34

SC - SPECIAL CONDITIONS ................................................................................................... 1

Construction Controls ......................................................................................................................................................... 2

Traffic Maintenance & Payment ........................................................................................................................................ 4

Condition of the Site............................................................................................................................................................. 4

Conduct of the Work and Temporary Work.................................................................................................................... 4

Disposal of Construction Debris ....................................................................................................................................... 5

Adjustments in Bid Quantities ........................................................................................................................................... 5

Maintenance of Existing Stormwater Flow ..................................................................................................................... 5

Existing Driveways, Fences and Shrubs ........................................................................................................................ 5

_X_ (a) Proposal Forms

_X_ (b) Bid Bond Form as required by N.J.S.A. 40A:11-21.

_X_ (c) Consent of Surety pursuant to N.J.S.A. 40A:11-22.

_X_ (d) Statement of Ownership Disclosure pursuant to N.J.S.A. 52:25-24.2.

_X_ (e) List of Subcontractors as required by N.J.S.A. 40A:11-16.

_X_ (f) Bidder’s acknowledgement of receipt of any notice(s), revision(s)

_X_ (g) Business Registration Certificate for contractors and listed

_X_ (h) Signature Form pursuant to N.J.S.A. 40A:11-23.1.b.

_X_ (i) Notice to all Public Works Employers-Certified Payroll Records

_X_ (j) Non-Collusion Affidavit, (this form must be notarized)

_X_ (k) Equipment Certification Form, pursuant to N.J.S.A. 40A:11-20.

_X_ (l) Exception Sheet

Print Name and Title: _______________________ Date: