The titles and headings of the Section, Subsections, and Subparts herein are intended for convenience of reference and shall not be considered as having bearing on their interpretation. Whenever any Section, Subsection, Subpart, or Subheading is amended in the Supplemental Specifications and Special Provisions by such terms as changed to, deleted, or added, it is construed to mean that it amends that Section, Subsection, Subpart, or Subheading of the Standard Specifications. Whenever any reference to page number is made in the Supplemental Specifications and Special Provisions, it is construed to refer to the Standard Specifications.

Working titles that have a masculine gender, such as “workman,” “foreman,” “materialman,” and “flagman” are used in the Contract Documents for the sake of brevity, and are intended to refer to persons of either sex.

When a publication is specified, it refers to the most recent date of issue, including interim publications, before the date of the receipt of bids for the Project unless the issue as of a specific date or year is provided for.

Whenever a slope is indicated in the Specifications, it is given in horizontal to vertical dimensions. The horizontal will be indicated with an “H” and the vertical will be indicated with a “V.”

101.02 Abbreviations.

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute Administration

AISC American Institute of Steel Construction, Inc.

AISI American Iron and Steel Institute

ANSI American National Standards Institute

API American Petroleum Institute

AREMA American Railway Engineering and Maintenance of Way Association

ASCE American Society of Civil Engineers

ASTM American Society for Testing and Materials

AWPA American Wood Preservers Association

AWS American Welding Society

AWWA American Water Works Association

CIAP Construction Industry Advancement Program of New Jersey

CRSI Concrete Reinforcing Steel Institute

DBE Disadvantaged Business Enterprise

ESBE Emerging Small Business Enterprise

EEI Edison Electrical Institute

EPA Environmental Protection Agency of the United States Government

FED-STD Federal Standard

FHWA Federal Highway Administration

FSS Federal Specifications and Standards, General Services

HMA Hot Mix Asphalt

ICEA Insulated Cable Engineers Association

IMSA International Municipal Signal Association

ISO International Organization for Standardization

ITE Institute of Transportation Engineers

MSDS Material Safety Data Sheet

MUTCD Manual on Uniform Traffic Control Devices

NCHRP National Cooperative Highway Research Program

NEC National Electric Code

NEMA National Electrical Manufacturers Association

NIST National Institute for Standards and Technology

NJAC New Jersey Administrative Code

NJACI New Jersey American Concrete Institute Administration

NJDEP New Jersey Department of Environmental Protection

NOAA National Oceanic and Atmospheric Administration

NJDOT New Jersey Department of Transportation

OSHA Occupational Safety and Health Administration

PCI Prestressed Concrete Institute

RAP Reclaimed Asphalt Pavement

ROW Right-of-Way

SI International System of Units

SSPC Steel Structures Painting Council

UL Underwriters Laboratories

USACE United States Army Corps of Engineers

USCG United States Coast Guard

101.03 Terms.

When the following terms are used in the Contract Documents, the intent and meaning shall be as follows:

ACCEPTANCE. The term “Acceptance” means the formal written acceptance, by the Commissioner, of the Project that has been completed in all respects according to the Contract Documents.

ACCEPTANCE TESTING. Testing conducted by the Engineer to measure the degree of compliance to the Contract Documents.

ADDENDA (Addenda or Addendum used interchangeably). The term “Addenda” means the written or graphic documents and computer disk issued before the opening of bids that clarify, correct, or change the Contract Documents.

ADVERTISEMENT. The public announcement, as required by law, that invites bids for work to be performed or materials to be furnished.

AWARD. The term “Award” means the decision of the Department to accept the Proposal of the lowest responsible Bidder, subject to the execution and approval of a satisfactory Contract based thereon and bonds to secure the performance thereof, and such conditions as may hereinafter be specified or as may be specified or required by law.

BIDDER. The term “Bidder” means an individual, firm, partnership, corporation, or any acceptable combination thereof, acting directly or through a duly authorized representative, legally submitting a bid for the advertised work, and having been qualified to bid on the advertised work pursuant to the provisions of NJSA 27:7-35.1 et seq., and regulations issued thereunder.

BRIDGE. Any structure, other than a culvert, including supports, erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of the structure of more than 20 feet between undercopings of abutments or extreme ends of openings for multiple boxes. Structure dimensions are defined as follows:

1. Bridge Length. The length of a bridge structure is the overall length measured along the line of survey stationing from back to back of backwalls of abutments, if present, otherwise end to end of the bridge floor; but, in no case less than the total clear opening of the structure.

2. Bridge Width. The clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs, or in the case of multiple height of curbs, between the bottoms of the lower risers or, if curbs are not used, between inner faces of parapet or railing.

BY OTHERS. The term “by others” refers to a person, firm, or corporation other than the Contractor or its surety or persons, firms, or corporations in a contractual relationship with the Contractor or the surety, such as a subcontractor, supplier, fabricator, or consultant at any tier. “By others” shall include the Department or other public body.

CALENDAR DAY. Each and every day shown on the calendar.

CHANGE ORDER. The term “Change Order” means a written order issued by the Engineer to the Contractor after execution of the Contract authorizing one or more of the following:

1. Changes in the Work.

2. Adjustments in the basis of payment for the Work affected by the changes.

3. Adjustments in the Contract Time.

CLAIMS REVIEW BOARD. The final administrative step in the Department’s administrative dispute resolution process is presentation of the dispute to the Claims Review Board. The Board is comprised of three members appointed by the Commissioner for a two-year term. The members of the Board consist of a representative nominated by the CIAP, a Department Manager who serves as Chairperson, and a Neutral Member. All members of the Board receive equal compensation for their services. The Department and the Contractor equally share the cost of using the Board in an attempt to resolve a dispute. Review of a claim by the Board is

available only to Contractors who have escrowed their bid preparation documents, as required by Subsection 103.06, and who have entered into a separate agreement with the Department to share the cost of the Board, as required by Subsection 107.02. The Board may review a claim only after the Department Claims Committee has reviewed it.

COLD WEATHER. The term “cold weather” refers to the period between midnight of November 14 and midnight of March 15, regardless of the ambient temperature, or, for periods outside of these dates, a period when any of three consecutive days from the scheduled date of concrete placement, the average daily temperature is or is expected to fall below 40 ºF. The forecast of the daily temperature data that is required to calculate this average daily temperature shall be obtained from the closest local NOAA monitoring station in the State as specified in the Specifications from the list provided below.

Listing of NOAA monitoring stations in the State:

Northern	Southern	Coastal
Belvidere	Atlantic City WSD AP	Atlantic City
Boonton 1 SE	Audubon	Cape May 1 NW
Canoe Brook	Belleplain St. Forest	Long Branch 2 S
Charlotteburg	Burlington	Sandy Hook
Cranford	Chatsworth
Essex Fells Svc Bldg	Freehold
Flemington 3E	Glassboro
High Point Park	Hammonton 2 NNE
Jersey City	Hightstown 1 N
Lambertville	Indian Mills 2 W
Little Falls	Millville FAA AP
Long Valley	Moorestown
Morris Plains 1 W	New Brunswick
Newark WSD AP	Pemberton 3 E
Newton	Seabrook Farms
Paterson	Shiloh
Phillipsburg	Toms River
Plainfield	Trenton WSD CI
Somerville 3 NW	Tuckerton
Sussex 1 SE	Woodstown

COMMISSIONER. The term “Commissioner” means the Commissioner of Transportation of the Department of Transportation of the State of New Jersey, as created by law, acting directly or through duly authorized representatives, such representatives acting within the scope of the particular duties delegated to them.

COMPLETION. The term “Completion” means Completion of the Work. Completion shall occur when:

1. the Work has been satisfactorily completed in all respects according to the Contract Documents;

2. the Project is ready for use by the State to the degree required by the terms of the Contract, and;

3. the Contractor has satisfactorily executed and delivered to the Engineer all documents, certificates, and proofs of compliance required by the Contract Documents, it being understood that the satisfactory execution and delivery of said documents, certificates, and proofs of compliance is a requirement of the Contract.

COMPUTER DISK. The term “Computer Disk” means a diskette furnished by the Department that contains the Department’s Electronic Bidding System (EBS), user instructions, and bid items. This Computer Disk will produce a Proposal Form that has the same bid item information contained in the Proposal Form supplied by the Department. The Computer Disk may be used to prepare and print the Proposal Form. Use of the diskette is at the option of the Bidder. The EBS User Guide is available for purchase from the Department.

The following is a listing of the microcomputer system equipment necessary to properly run the EBS program:

1. IBM personal computer (PC), or 100 percent compatible computer (PC/XT/286/386/486/Pentium)

2. a 3½ inch, 1.44 MB floppy diskette drive

3. Hewlett Packard Laser Jet or Ink Jet printer, or 100 percent compatible, connected to the PC’s parallel port, PRN

4. minimum of 400K RAM

5. PC-DOS or MS-DOS Version 3.2, or higher

The Department assumes no responsibility for the use of the Computer Disk. The Department will not be liable for any losses, damages, or problems that may arise from the use of the Computer Disk by the Contractor, even if such problems result in the rejection of the Contractor’s bid. The Department will not be responsible for any bid item spreadsheet program on the Computer Disk that is not compatible with the Contractor’s computer equipment or software. All liability for any damages caused by the use of the Computer Disk shall be borne by the Contractor. The ultimate responsibility for the accuracy of the Contractor’s bid remains with the Contractor. Furthermore, the Department will not be held responsible for the loss of or damage to any Computer Disk after the Contractor takes possession of it or it is mailed to the Contractor. If any Computer Disk is lost or damaged, the Contractor may purchase another Computer Disk.

CONDITIONAL AWARD. The term “Conditional Award” means an Award, conditioned upon the later grant of approval by the Federal Government or such other State, governmental body, private party, or combination thereof. Where compliance with a Federal requirement or a requirement imposed as the result of the Project being a cooperative endeavor involving one or more states, governmental bodies, private parties, or a combination thereof, makes it not reasonably possible to award the Contract within the 30 Working Day period fixed by NJSA 27:7-33, the Department may, nevertheless, make a Conditional Award.

CONSTRUCTION ENGINEERING COSTS. The costs incurred by the Department for engineering, inspection, and administration of a Project during construction.

CONSTRUCTION OPERATIONS. Construction operations shall include site clearing, demolition, movement of utilities or other facilities, and actual construction of any of the temporary or permanent structures, roadways, or public improvements required by the Contract. The term shall not include mobilization, procurement and storage of materials and plants, providing engineering, Performance Bond and Payment Bond, surveys, working drawings, field offices, or other schedules, certificates, forms, or documents necessary before the performance of Work on Pay Items.

CONSTRUCTION ORDER. The term “Construction Order” includes Field Orders, Change Orders, and Supplementary Agreements.

CONTRACT. The term “Contract” means the entire and integrated agreement between the parties thereunder and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract Documents form the Contract between the Department and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the Work and the basis of payment.

CONTRACT DOCUMENTS. The term “Contract Documents” includes: Advertisement for Proposal, Proposal, Certification as to Publication and Notice of Advertisement for Proposal, Appointment of Agent by Nonresident Contractors, Noncollusion Affidavit, Warranty Concerning Solicitation of the Contract by Others, Resolution of Award of Contract, Executed Form of Contract, Performance Bond and Payment Bond, Standard Specifications, Supplemental Specifications, Special Provisions, Plans, Right-of-Way Plans, Addenda, or other information mailed or otherwise transmitted to the prospective bidders before the receipt of bids, Change Orders, Field Orders, and Supplementary Agreements, all of which are to be treated as one instrument whether or not set forth at length in the form of Contract.

As used in Sections 102 and 103 only, Contract Documents do not include Change Orders, Field Orders, and Supplementary Agreements. As used in Section 102 only, Contract Documents also do not include Resolution of Award of Contract, Executed Form of Contract, and Performance and Payment Bonds.

CONTRACT TIME. The term “Contract Time” means the number of Working Days or Calendar Days including authorized adjustments allowed for Completion. When a specified completion date is shown in the Specifications instead of the number of Working Days or Calendar Days, Completion shall be on or before that date. Specified completion date and Calendar Day contracts shall be completed on or before the day indicated even when that date is a Saturday, Sunday, or holiday.

CONTRACTOR. The term “Contractor” means the individual, firm, partnership, corporation, or any acceptable combination thereof contracting with the Department for performance of the prescribed Work. Throughout the Contract Documents, the Contractor is referred to as if singular in number. The term “Contractor” means the Contractor or the Contractor’s authorized representative.

CONTRACTOR’S LAND SURVEYOR. A person who is legally authorized to practice land surveying in New Jersey according to the provisions of P.L. 1938 c. 342 (C 45:8-27 et seq.), who is in principal charge of all surveying work and setting, moving, or resetting of monuments. He or she may be either an employee of the Contractor or under a subcontract with the Contractor to provide such land surveying services.

COUNTY AND MUNICIPAL PROJECTS. Those projects carried out with County or Municipal Aid from the State, for which the County or Municipality, and not the State, is the contracting party.

CULVERT. Any structure not classified as a bridge that provides an opening to carry water under a roadway.

CURRENT CONTROLLING OPERATION OR OPERATIONS. The current controlling operation or operations is to be construed to include any feature of the Work, which, if delayed at the time in question, delays the overall time of Completion.

DAYS. Unless otherwise designated, days as used in the Contract Documents means Calendar Days.

DEPARTMENT. The term “Department” means the Department of Transportation of the State of New Jersey, as created by law.

DEPARTMENT CLAIMS COMMITTEE. An administrative body available to review and resolve claims that arise under the Contract. The Committee consists of three voting members representing Design, Construction, and Accounting. Additional non-voting members are a Deputy Attorney General and the Secretary of the Department Claims Committee. Department Claims Committee review is available only after the matter in dispute has been reviewed by the Executive Director of Regional Operations, and only if the requirements for review contained in Subsection 107.02 are met. It is the fourth step in the Administrative Dispute Resolution process.

DEPARTMENT LABORATORY. The term “Department Laboratory” means the main testing laboratory of the Department at 930 Lower Ferry Road, P.O. Box 607 Trenton, New Jersey 08625, or such other laboratory as the Department may designate.

DESIGN UNIT. The term “Design Unit” for any particular project means the Department’s consultant engineering firm or the in-house design unit that prepared the Contract Plans for that project, except for electrical plans and sign legends in which case the Manager of the Office of Traffic Signal and Safety Engineering shall be considered the Design Unit.

DISPUTE. A disagreement between the Department and the Contractor with regard to the Work or Contract Documents.

EASEMENT. The right to use the land of others for a specific or particular purpose consistent with the grant under which it was made.

ENGINEER. The term “Engineer” means the State Transportation Engineer, as created by law, acting directly or through the Engineer’s duly authorized representatives, such representatives acting within the scope of the particular duties delegated to them.

To avoid repetition, whenever the following words are used, it shall be understood as if they were followed by the words “to the Engineer” or “by the Engineer”: “acceptable, accepted, added, allowed, applied, approved, assumed, authorized, awarded, calculated, charged, checked, classified, computed, condemned, conducted, considered, considered necessary, contemplated, converted, deducted, deemed, deemed necessary, deleted, designated, determined, directed, disapproved, divided, documented, established, evaluated, examined, excluded, furnished, given, granted, included, incorporated, increased, indicated, inspected, insufficient, issued, made, marked, measured, modified, monitored, notified, observed, obtained, opened, ordered, paid, paid for, performed, permitted, provided, received, recorded, reduced, re-evaluated, rejected, removed, required, reserved, retested, returned, sampled, satisfactory, scheduled, specified, stopped, submitted, sufficient, suitable, supplied, suspended, taken, tested, unacceptable, unsatisfactory, unsuitable, or used.”

EQUIPMENT. All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction of the Work.

EXECUTIVE DIRECTOR OF REGIONAL OPERATIONS. The term “Executive Director of Regional Operations” means the Executive Director of Regional Operations whose region is in charge of administering the Contract.

EXTRA WORK. The term “Extra Work” means new and unforeseen work found essential to the satisfactory completion of the Project, as determined by the Engineer, and not covered by any of the various Pay Items for which there is a bid price or by combination of such items. In the event portions of such work are determined by the Engineer to be covered by one of the various Pay Items for which there is a bid price or combinations of such items, the remaining portion of such work will be designated as Extra Work. Extra Work also includes work specifically designated as Extra Work in the Contract Documents.

EXTREME WEATHER CONDITIONS. When, solely as a result of adverse weather, the Contractor is not able to work more than 15 days in any one month from April through November, inclusive, the Contractor is entitled to claim that progress of the Work has been affected by extreme weather conditions during that month and may seek an extension of Contract Time consistent with the provisions of Subsection 108.11. The Contractor shall

have no claim that progress of the Work has been affected by extreme weather conditions during the months of December through March, inclusive.

FIELD ORDER. The term “Field Order” means a written order, signed by the Resident Engineer, requiring performance by the Contractor without negotiation of any sort.

HIGHWAY, STREET, OR ROAD. A general term denoting a public way for purposes of vehicular travel, including the entire area within the ROW (see Figure 101-1 ).

HOLIDAYS. The following days shall be considered holidays for use in determination of Working Days:

New Year’s Day	Labor Day
Martin Luther King’s Birthday	Columbus Day
Lincoln’s Birthday	Presidential Election Day
Washington’s Birthday (Presidents’ Day)	Veteran’s Day
Memorial Day	Thanksgiving Day
Independence Day	Christmas Day

HOT MIX ASPHALT (HMA) PAVEMENT. The combination of base course, intermediate course, and surface course of hot mix asphalt. These courses are defined as follows:

1. HMA Base Course – the hot mix asphalt layer(s) below 4 inches of the final pavement surface.

2. HMA Intermediate Course – the hot mix asphalt layer, other than the surface course, placed within the top 4 inches.

3. HMA Surface Course – surface layer of a specified thickness.

INSPECTOR. The Engineer’s authorized representative assigned to inspect contract performance, methods, and materials related to the Work both on and off the site of the Project.

INTERAGENCY ENGINEERING COMMITTEE. The committee formed with representation from the New Jersey Department of Transportation, the New Jersey Turnpike Authority, the New Jersey Highway Authority, and the Port Authority of New York and New Jersey to develop standardized construction specifications among the agencies.

INVITATION FOR BIDS. The Advertisement of Proposals for all work or materials on which bids are required. Such advertisement indicates the location of the Project and an estimated quantity of Work to be done or the character and quantity of the material to be furnished and the time and place of the opening of Proposals.

ITS OWN ORGANIZATION. The term “Its Own Organization” shall be construed to include only workers customarily employed and paid directly by the Contractor and equipment owned or rented by the Contractor, with or without operators.

LANE OCCUPANCY CHARGE. A contractual obligation of the Contractor to compensate for the Contractor’s use and occupancy of a lane or lanes of the Traveled Way beyond the time period set forth in the traffic control plans or Special Provisions.

MAJOR AND MINOR PAY ITEMS. The term “Major Pay Item” means any Pay Item having an original Contract value in excess of ten percent of the Total Contract Price and those items specifically designated as “Major Pay Items” in Subsection 104.05. The original Contract value of a Pay Item equals the per unit price bid for said Pay Item multiplied by the estimated quantity of such item contained in the Proposal Form. All other Pay Items shall be considered “Minor Pay Items.”

MATERIALS. Any substances specified for use in the construction of the Project.

MATERIALS QUESTIONNAIRE. The specified forms on which the Contractor shall notify the Engineer of the sources of materials expected to be used.

MEDIAN. That portion of a divided highway separating the paved sections, including both the shoulders and the traveled way.

NOTICE TO PROCEED. The term “Notice to Proceed” means the written notice to the Contractor to begin Work.

ON-DUTY POLICE. The term “on-duty” with regard to municipal police shall mean that the work of providing traffic safety services shall be an extension of regular employment for, and sanctioned by, the municipality, even if it is on an overtime pay rate basis. The municipal police, while so working, shall be covered by the municipality’s liability insurance coverage.

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

1. Surface Course. One or more layers of specified material of designed thickness on a base course or a subbase.

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

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

PAY ITEM. The term “Pay Item” means a specifically described item of Work for which the bidder provides a per unit or lump sum price in the Proposal.

PERFORMANCE BOND AND PAYMENT BOND. The term “Performance Bond and Payment Bond” means the approved form of security, executed by the Contractor and its surety or sureties, guaranteeing complete performance of the Contract in conformity with the Contract Documents and the payment of all legal debts pertaining to the construction of the Project.

PLANS. The approved plans, profiles, typical sections, cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, quantities, and details of the Work to be done.

POLICE. The term “police” shall mean a person authorized to enforce the laws of the State and its political subdivisions, who has jurisdiction at the Project site, and who has successfully completed a traffic safety program approved by the Department.

PRECONSTRUCTION CONFERENCE. The initial Project meeting conducted by the Regional Construction Engineer, normally held after Award of the Contract and before the start of Work. A separate utility preconstruction conference may be scheduled. The Contractor shall attend preconstruction conferences.

PRESIDING OFFICER. The Engineer or the Engineer’s designee in charge of receipt of bids. The Presiding Officer opens each meeting for the receipt of bids and declares when the receipt of bids has been closed.

PROFILE. The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadway. Profile grade means either the elevation or gradient of such trace according to the context. From this, cross-section elevations are established based on the typical section.

PROJECT. The specific section of highway or other public improvement together with all appurtenances and construction to be performed thereon, under the Contract. The Project may include work by others under other contracts.

PROPOSAL. The term “Proposal” means the offer of a bidder, properly signed and guaranteed, on the prepared form furnished by the Department, or printed from the Computer Disk, to perform the Work at the prices therein.

PROPOSAL BOND. The term “Proposal Bond” means the security furnished with a bid to guarantee that the bidder shall enter into the Contract if awarded the Contract.

PROPOSAL FORM. The term “Proposal Form” means the approved form furnished by the Department or printed from the Computer Disk on which the Department requires bids to be prepared and submitted for the Work.

REGIONAL DISPUTE BOARD. A three-member Board comprised of the Resident Engineer’s supervisor, an Engineer from the Bureau of Construction Engineering, and the Regional Construction Engineer (Chairperson) that is available under the terms of the Contract to review disputes, which have not been resolved by the Resident Engineer. It is the second step in the Administrative Dispute Resolution process.

REMEDIATED. The term “remediated” means the process that is approved by the New Jersey Department of Environmental Protection to remove all traces of petroleum contamination from soil aggregates that have been classified as ID-27.

RESIDENT ENGINEER. The term “Resident Engineer” means the field representative of the Engineer having direct supervision of the administration of the Contract.

RIGHT-OF-WAY (ROW). A general term denoting all of the land, property, or interest therein, usually in a strip, acquired for or devoted to transportation purposes or construction of a public improvement (see Figure 101-1 ).

RIGHT-OF-WAY PLANS. The most current revisions of the General Property Parcel Maps and Entire Tract Maps approved for use in setting the existing and proposed ROW, including setting out or laying out of various easements within which items of work are to be constructed or used to enable construction thereof.

ROAD USER COSTS. The added vehicle operating costs resulting from establishment of construction, maintenance, or rehabilitation work zones and delay and inconvenience costs incurred by the traveling public.

ROADBED. The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders (see Figure 101-1 ).

ROADSIDE. A general term including:

1. The areas between the outside edges of the shoulders and the ROW boundaries.

2. The unpaved median areas between inside shoulders of divided highways.

3. Areas within interchanges.

4. Historic sites.

5. Viewpoints.

6. Scenic strips.

7. Junkyard screening over which the State retains maintenance responsibilities.

ROADWAY. The portion of the highway, street, or road within the limits of construction (see Figure 101-1 ).

ROLLING STRAIGHTEDGE. A manually propelled measuring device constructed upon a rigid frame, 10 feet long, wheeled at each end. A third wheel located midpoint is linked to a dial indicator and automatically marks, in dye or water, the length of the surface variations which exceed a tolerance of 1/10 inch.

SHALL. Designates an obligation of the Contractor, unless otherwise indicated.

SHOULDER. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses (see Figure 101-1 ).

SIDEWALK. That portion of the roadway primarily constructed for the use of pedestrians (see Figure 101-1 ).

SPECIALTY ITEMS. Such items shall be limited to work that requires highly specialized knowledge, craftsmanship, or equipment not normally available among contractors qualified to bid on the Contract as a whole, and that are designated as “Specialty Items” in the Contract Documents.

SPECIFICATIONS. The compilation of provisions and requirements for the performance of prescribed work contained in the Standard Specifications, as supplemented by the Supplemental Specifications and Special Provisions, and modified by Addenda or other information giving interpretations or revisions to them which, before the receipt of bids, are transmitted to prospective Bidders.

1. Standard Specifications. The term “Standard Specifications” means the 2001 Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, which has been approved for general application and repetitive use.

2. Supplemental Specifications. Approved additions and revisions to the Standard Specifications.

3. Special Provisions. Revisions to the Standard and Supplemental Specifications applicable to an individual project.

STATE. The “State” means the State of New Jersey.

STATE BUSINESS DAY. A Calendar Day, exclusive of Saturdays, Sundays, State-recognized legal holidays, and such other holidays or State office closings as declared by the Governor. The term “State Business Day” as used in the Contract Documents and the term “Working Day” as used in NJSA 27:7-31 and NJSA 27:7-33 are synonymous.

STRAIGHTEDGE. An accurate, 10 feet long, square-edged, straightedge used in testing variations in the surface to verify specified tolerances.

STRUCTURES. Bridges, culverts, inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the Work and not otherwise classed herein.

SUBCONTRACTOR. An individual, firm, partnership, corporation, or any acceptable combination thereof, to which the Contractor subcontracts part of the Work pursuant to Subsection 108.02.

SUBGRADE. The surface of the roadbed upon which the first layer of the pavement structure and/or shoulder section is constructed (see Figure 101-1 ).

SUBSTANTIAL COMPLETION. The term “Substantial Completion” means the point at which the performance of all Work on the Project has been completed except landscaping items (including the planting of trees, shrubs, vines, ground covers, and seedlings), final cleanup, and repair of unacceptable Work, and provided the Engineer has solely determined that:

1. the Project is safe and convenient for use by the public, and

2. failure to complete the Work and repairs excepted above does not result in the deterioration of other completed Work; and provided further, that the value of landscaping work remaining to be performed, repairs, and cleanup is less than two percent of the Total Adjusted Contract Price.

SUBSTRUCTURE. All of that part of the structure below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings.

SUPERINTENDENT. The Contractor’s authorized representative responsible for and in charge of the Work. The Superintendent shall be authorized to receive all communications from the State.

SUPERSTRUCTURE. All of that part of a structure above the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, excluding backwalls, wingwalls, and wing protection railing.

SUPPLEMENTARY AGREEMENT. The term “Supplementary Agreement” means a bilateral agreement between the Commissioner and the Contractor, executed on a Change Order form, setting forth the negotiated terms and conditions whereunder changes are to be accomplished, including negotiated adjustments in compensation and

time of Completion. The Supplementary Agreement shall be conclusive as to all questions of compensation and extensions of Contract Time relative to the subject of the agreement excepting only those instances wherein the agreement recites specific exceptions.

SURETY. The corporate body bound with and for the Contractor for the full and complete performance of the Contract and for the payment of all debts and obligations pertaining to the Work.

TESTING AGENCY. A privately owned facility capable of testing and evaluating component parts, or the whole, for certification of the composition or construction of the material or product. The testing agency must be an AASHTO-accredited laboratory for each field of accreditation and type of material to be tested.

TOTAL ADJUSTED CONTRACT PRICE. The term “Total Adjusted Contract Price” means the Total Contract Price as it is adjusted through the issuance of Change Orders and Field Orders and the calculation of as-built quantities.

TOTAL CONTRACT PRICE. The term “Total Contract Price” means the correctly determined summation of lump sum bids and products of all quantities for Pay Items shown in the Proposal multiplied by the unit prices bid.

TOWN, TOWNSHIP, CITY. A subdivision of the County used to designate or identify the location of the Project.

TRAVELED WAY. The portion of the roadway for the movement of vehicles exclusive of shoulders and auxiliary lanes (see Figure 101-1 ).

UNBALANCED BID. The term “Unbalanced Bid” means a materially unbalanced bid where there is a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid, which is structured on the basis of nominal prices for some work and inflated prices for other work, will result in the lowest ultimate cost to the Department.

UTILITY. A publicly, privately, or cooperatively owned agency or agencies operated by one or more persons or corporations for public service. For purposes of the Contract, railroads shall be considered utilities.

WILL. Designates an action to be taken by the State, the Department, the Commissioner, the Engineer, or any authorized representative, unless otherwise indicated.

WORK. The term “Work” means the furnishing of all labor, services, materials, equipment, tools, transportation, supplies, and other incidentals necessary or convenient for the successful completion by the Contractor of the construction described in the Contract Documents and the carrying out of all duties and obligations imposed by the Contract Documents on the Contractor.

WORKING DAY. Any Calendar Day, exclusive of:

1. Saturdays, Sundays, and holidays;

2. Days on which the Contractor is specifically required by the Contract Documents to suspend construction operations; and

3. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations.

Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather, prevent the work from beginning at the usual starting time, and the crew is dismissed as a result thereof, and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operations or operations, the Contractor will not be charged for a Working Day whether or not conditions should change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations.

WORKING DRAWINGS. Stress sheets, shop drawings, diagrams, illustrations, schedules, performance charts, brochures, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, and any other supplementary plans or similar data which are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor, and which the Contractor is required to submit to the Engineer for approval or certification.

101.04 Inquiries Regarding the Project.

Inquiries before the receipt of bids regarding any discrepancy, error, or omission, or concerning the intent or meaning of the Plans, Specifications, or other Contract Documents shall be directed to the Department as provided in the Special Provisions.

Contractors shall rely only upon written responses to their inquiries. Oral responses will be of no effect.

SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS

102.01 Prequalification of Prospective Bidders.

Proposals will be received only from Bidders who, before the delivery of the Proposal, have, as required by statute, submitted under oath, statements relating to their financial ability, adequacy of plant and equipment, organization and prior experience, and other matters, on forms furnished by the Department; who have been prequalified according to Regulations Covering the Classification of Prospective Bidders issued according to NJSA 27:7-35.1 et seq. and ownership as required by NJSA 52:25-24.2; and who at the time of delivery of Proposals have effective prequalification ratings of not less than the amounts of their respective bids.

102.02 Disqualification of Prequalified Prospective Bidders.

The Department reserves the right to disqualify or refuse to receive a Proposal Form from a prospective Bidder even though prequalified as required by Subsection 102.01 or reject a Proposal after having received same for any of the following reasons:

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

2. Uncompleted work that, in the judgment of the Department, might hinder or prevent the prompt completion of additional work, if awarded.

3. Failure to pay, or satisfactorily settle, all bills due for labor, equipment, or material on previous Contracts.

4. Failure to comply with any prequalification regulations of the Department.

5. Default under any previous contract.

6. Unsatisfactory performance on previous or current contracts.

7. Questionable moral integrity as determined by the Attorney General of New Jersey or the Commissioner.

8. Failure to reimburse the State for monies owed on any previously awarded contracts including those where the prospective Bidder is a party to a joint venture and the joint venture has failed to reimburse the State for monies owed.

9. Documented failure to comply with the conditions of permits.

102.03 Contents of the Proposal.

Upon request, the Department will furnish prequalified, prospective bidders with a Proposal Form and Computer Disk. The Proposal Form states the location and description of the Project, shows the approximate estimate of the various quantities and kinds of Work to be performed, and includes a schedule of Pay Items for which bid prices are invited. The Proposal Form and accompanying Special Provisions state the number of days or date in which the Project must be completed, the amount of the Proposal Bond, and the date, time, and place of the opening of Proposals.

All papers bound with or attached to the Proposal Form are considered a part thereof and must not be altered and must be submitted with the Proposal. All papers generated from the Computer Disk are considered part of the Proposal Form and must not be altered. These papers must be bound and submitted with the Proposal for official bid.

Other Contract Documents are considered a part of the Proposal whether attached or not.

Prospective bidders are required to pay the Department the sum stated in the Specifications for each copy of the Proposal Form, Computer Disk, Special Provisions, and each set of Plans.

Informational copies of the Proposal Form are available from the Department upon request.

102.04 Interpretation of Quantities in Bid Schedule.

The quantities appearing in the bid schedule are approximate only and are prepared for the comparison of bids. Payment will be made only for the quantities of Work completed according to the Contract. Such payment will be made at the original unit prices for the quantities of Work accepted by the Engineer. The scheduled quantities of Work may be increased or decreased, or Pay Items may be eliminated in their entirety as hereinafter provided.

102.05 “If and Where Directed” Items.

The Proposal Form may request bids on one or more Pay Items to be incorporated into the Project “if and where directed” by the Engineer. Such items may not be located on the Plans. The estimated quantities set out in the Proposal Form for such items are presented solely for the purpose of obtaining a representative bid price, but are not intended to indicate the Department’s anticipation as to the quantities of such items which are to be actually incorporated into the Project. Depending on field conditions, such “if and where directed” items may or may not be

incorporated into the Project and if incorporated may be many times the estimated quantity or only a fraction thereof.

Incorporation of such items shall only be made on written directions of the Engineer. In the absence of written directions, no such items shall be incorporated into the Project and if incorporated will not be paid for. The Engineer may order incorporation of such items at any location within the Project and at any time during the Contract Time. Claims for additional compensation shall not be made because of any increase, decrease, or elimination of such items, nor because of an increase or decrease in the amount of Work due to the field conditions encountered in incorporating such items into the Project.

102.06 Examination of Contract Documents and Site of Project.

The Bidder shall examine carefully the site of the proposed Project and the Contract Documents before submitting a Proposal. In the event the Bidder’s site examination reveals that the site conditions are inconsistent with the Contract Documents, the Bidder shall immediately notify the Department. The submission of a bid is conclusive evidence that the Bidder has made such examination and is fully aware of the conditions to be encountered in performing the Work and is fully aware of the requirements of the Contract Documents and has considered the following:

1. Investigation of Subsurface and Surface Conditions. Where the Department has made investigations of subsurface conditions in areas where Work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, such investigations are made only for the purpose of study, estimating, and design. Where such investigations have been made, Bidders may, upon written request, inspect the records of the Department as to such investigations subject to and upon the conditions set forth herein. Such inspection of records may be made at the Department of Transportation building, 1035 Parkway Avenue, Trenton, New Jersey, or at such other locations as directed in response to the written request. In the event the Bidder’s site examination reveals that the site conditions are inconsistent with the Contract Documents, the Bidder shall immediately notify the Department.

Boring logs, if borings are taken, are parts of the subsurface information made available. Such borings, which are taken solely for design purposes, were obtained with reasonable care and recorded in good faith. The soil and rock descriptions shown are determined by a visual inspection of samples from the various explorations unless otherwise noted. These samples are made available for nondestructive examination. The observed water levels and other water conditions indicated on the boring logs are as recorded at the time of the exploration. These levels and other conditions may vary considerably, with time, according to the prevailing climate, rainfall, and other factors.

Boring logs may be inspected at or ordered through the Department’s plan file room, 1035 Parkway Avenue, P.O. Box 600, Trenton, New Jersey 08625.

When contour maps have been used in the design of the Project, the Bidders may inspect such maps upon written request, and if available, they may obtain copies for their use.

The records of the Department’s subsurface investigation are not a part of the Contract and are made available for inspection solely for the convenience of the Bidder or Contractor. This investigation, while considered by the Department to be sufficient for design purposes in both scope and content, is not necessarily sufficient for construction purposes and is not keyed to the needs of the Bidder and Contractor.

It is expressly understood and agreed that the Department assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the subsurface investigations, the records thereof, or of the interpretations set forth therein or made by the Department in its use thereof other than as used to establish a design for the Project in its as-built condition. There is no warranty or guarantee, either expressed or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked-for developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

The availability or use of information described in this Subsection is not to be construed in any way as a waiver of the above provisions, and a Bidder is cautioned to make such independent investigation and examination as necessary to satisfy the Bidder as to conditions to be encountered in the performance of the Work and, with respect to possible local material sources, the quality and quantity of material available and the type and extent of processing that may be required to produce material conforming to the requirements of the Contract Documents.

Information derived from such inspection of records of investigations or compilation thereof made by the Department, the Consultant, or assistants, does not relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.

Moreover, New Jersey is a small, heavily populated State whose physical geography has received thorough examination. The Bidder is charged with knowledge of the State’s physical geography from publications prepared under the auspices of the Federal and State governments, educational institutions, and others. Therefore, the Bidder, in performing its site investigation, should be fully aware of the following publications and such others as may be listed in the Special Provisions:

a. Bulletin 50, Geologic Series, “The Geology of New Jersey” by H. Kummel, out of print, available generally as library reference material.

b. Geologic Maps of New Jersey, available through NJDEP.

c. Engineering Soils Survey of New Jersey, available through the Bureau of Research, College of Engineering, Rutgers University, New Brunswick, New Jersey 08903.

d. Soil Surveys of Individual Counties prepared by the US Department of Agriculture, Soil Conservation Service, in cooperation with the New Jersey Agricultural Experiment Station and Cook College, Rutgers University, available through local Soil Conservation District Offices.

The Bidder should also conduct such borings, soils tests, and other subsurface investigations and obtain such expert advice on site conditions, both surface and subsurface, as is required for bidding and for the construction of the Project.

2. ROW Availability. The Bidder shall consider the effect on its work schedule of any delays in ROW availability as may be set forth under Subsection 108.12. The submission of a bid shall be considered conclusive evidence that the Bidder has considered such delays and made allowance for them in the progress schedule.

3. Utilities. The Bidder shall consider the effect on its work schedule of Subsections 105.09 and 105.10. The Bidder shall make a diligent investigation of all utilities on the job site, including any necessary de-energization of power lines, and contact all utilities inquiring as to their planned operations and existing and proposed facilities before bidding.

4. Other Contractors. The Bidder shall examine the Project site and adjacent areas so as to be fully aware of other contractors working on or adjacent to the site. The Bidder shall become fully aware of the operations of such contractors before bidding and how their operations affect its progress. The Bidder should also consider, and allow for in bidding, the right of the Department at any time to contract for and perform other or additional work on or near the Project, and the conditions and terms of the Contract relative thereto as set forth in Subsection 105.10.

5. Mass Diagram and Cross-Sections. The swell or shrinkage of excavated material and direction and quantities of haul or overhaul as and if shown on said mass diagram are for the purpose of design only, and in like manner as provided in Subheading 1 above, concerning furnishing information resulting from subsurface investigations, the Department assumes no responsibility whatever in the interpretation or exactness of any of the information shown on said mass diagram, and does not, either expressed or implied, make any guarantee of the same.

Similarly, the cross-sections are not intended to be relied upon to accurately indicate the location or quantities of rock and soil. The Bidder should independently make an investigation as to the location, quality, and quantity of rock and soil.

6. Existing Structures. A list of existing structures within the Project will be provided in the Special Provisions. As built plans of existing structures on state owned facilities are available upon written request through the office of Quality Management Services, Engineering Documents Unit, New Jersey Department of Transportation, 1035 Parkway Avenue, P.O. Box 600, Trenton, New Jersey 08625. Plans for existing structures of municipal owned or County owned facilities should be obtained through the Municipality or County. The State assumes no responsibility for the correctness of the Plans. Any information obtained from the existing Plans shall be verified by the Bidder before use of such information for bidding for the construction of the Project. In the event the Bidder’s site examination reveals that the site conditions are inconsistent with the Contract Documents, the Bidder shall immediately notify the Department.

102.07 Preparation of Proposal.

The Bidder shall submit a Proposal on the forms furnished by the Department or printed from the Computer Disk. The Bidder shall specify a price in figures for each Pay Item. For lump sum items, the price should appear

solely in the box provided for the lump sum item under the column designated as “Amounts.” For unit price items the per unit price shall appear under the column designated “Unit Price” in the appropriate box, and the product of the respective unit price and the approximate quantity for that item shall appear under the column designated “Amounts.” The Total Contract Price is the sum of all figures shown in the column designated “Amounts” and shall appear at the location provided therefor. When the Bidder intends to bid zero ($0.00) for a Pay Item, a “0” should appear in the “Unit Price” and “Amounts” columns for unit price items or in the “Amounts” column for lump sum items.

When the Proposal contains alternate items, the Bidder shall only provide the unit price and amount for the lowest priced alternate item. When alternate items in the proposal have a lump sum pay quantity, the Bidder shall only provide the amount for the lowest priced alternate item. The alternate item for which a price has been provided shall be constructed. When the proposal contains alternate groups of items, the Bidder shall only provide the unit price and amount for each item within the lowest priced alternate group. The alternate group of items for which a price has been provided shall be constructed.

All figures entered in the “Unit Price” and “Amounts” columns and the figure entered for the “Total Contract Price” shall be in ink, typed, or printed from the Computer Disk.

The only entries permitted in the proposal contained on the Computer Disk will be the unit or lump sum prices for items that must be bid. The program on the Computer Disk will perform all extensions of the unit or lump sum prices, calculate the total bid amounts, and print a completed Proposal Form.

The Proposal Form printed from the Computer Disk shall be printed on A4 white paper and shall include all revisions to the proposal included in the latest addendum computer disk issued by the Department. The printed proposal pages from the addendum disk will have the addendum number on every sheet containing bid items. Bids will be accepted only if submitted on the Proposal Form supplied by the Department or printed from the Computer Disk.

The Bidder may make additions or corrections to the unit prices, lump sum prices, or amounts as contained on the computer printed Proposal Form. These changes shall be made in ink.

In all instances, the Proposal Form shall govern. Bid prices presented on any other form or computer disk submitted by the Bidder, if different from those submitted on the Proposal Form, shall not govern.

The Department will supply a form entitled “Listing of Final Revisions” upon which the Bidder should indicate all changes made on the printed Proposal Form. This completed form should be returned to the Department outside of the bid envelope on the day of bid opening.

The Proposal Form must be signed in ink by the Bidder. If the Bidder is an individual, the Bidder’s name and post office address must be shown; by a partnership, the name and post office address of each partnership member must be shown; as a joint venture, the name and post office address of each member or officer of the firms represented by the joint venture must be shown; by a corporation, the name of the corporation and the business address of its corporate offices must be shown.

102.08 Balanced Bids.

Each Pay Item should reflect the actual cost, which the Bidder anticipates incurring for the performance of that particular item, together with a proportional share of the Bidder’s anticipated profit, overhead, and costs to perform work for which no Pay Item is provided. In no event will the Department consider any claim for additional compensation arising from the bid on an item, or group of items, inaccurately reflecting a disproportionate share of the Bidder’s anticipated profit, overhead, and other costs.

102.09 Delivery of Proposals.

Each Proposal should be submitted in a special envelope furnished by the Department. The blank spaces on the envelope shall be filled in correctly to clearly indicate its contents. When an envelope other than the special one furnished by the Department is used, it shall be of the same general size and shape and be similarly marked to clearly indicate its contents. The Proposal shall be mailed or hand carried to the Department at the address and in care of the official in whose office the bids are to be received. Proposals must be received before or at the time and at the place specified in the Advertisement. Proposals will not be accepted after the receipt of bids has been declared closed by the Presiding Officer.

Enclosed in the sealed envelope with the Proposal shall be submitted the following documents:

1. The Proposal Bond as described in Subsection 102.10.

2. An updated financial questionnaire on forms furnished by the Department, properly filled out, signed, and notarized.

When the Bidder submits Proposals for two or more Projects, a single updated financial questionnaire, submitted in a separate envelope, is acceptable instead of a separate questionnaire for each Project.

When the Computer Disk furnished by the Department is used to print the Proposal Form, the Computer Disk shall be updated to include the Bidder’s data as instructed in the EBS instructions and returned with the Proposal. The Bidder shall include its vendor ID number in the space provided on the Computer Disk label.

If the Bidder makes corrections or additions in ink to the unit or lump sum prices contained in the Proposal Form printed from the Computer Disk, the Bidder should also submit on the day of bid opening, outside the bid envelope, the completed “Listing of Final Revisions” form as detailed in Subsection 102.07.

102.10 Proposal Bond.

The Proposal, when submitted, shall be accompanied by a Proposal Bond satisfactory to the Commissioner, on the form furnished by the Department, for a sum of not less than 50 percent of the Total Contract Price.

The Proposal Bond shall be properly filled out, signed, and witnessed, and shall be furnished only by such surety company or companies authorized to do business in this State as are listed in the current US Treasury Department Circular 570 as of the date for receipt of bids for the particular Project.

The Proposal Bond shall be accompanied by a copy of the power of attorney executed by the surety company or companies. The power of attorney shall set forth the authority of the attorney-in-fact who has signed the bond on behalf of the surety company to bind the company and shall further certify that such power is in full force and effect as of the date of the bond.

102.11 Withdrawal of Proposals.

A Bidder may withdraw a Proposal after it has been submitted to the Department, provided the request for such withdrawal is received by the Department, in writing or by telegram, before the time set for opening Proposals.

Proposals shall not be withdrawn after the time designated for the public opening of such Proposal, except that when Proposals for more than one project are to be opened at the same time, a Bidder, at its option, may submit a written request to withdraw its Proposal for the second or succeeding project. The Bidder shall notify the Department, in writing, of its intent to exercise this option before the time set for opening of Proposals. In such event, a short interval of time will be allowed between project Proposal openings to allow the Bidder time to submit an executed Department of Transportation “Request for Withdrawal of Bid” form. Upon presentation of the executed form at the proper time, a Bidder’s Proposal will be returned unopened.

102.12 Combination or Conditional Proposals.

If the Department so elects, Proposal Forms may be issued for projects in combination and/or separately, so that bids may be submitted either on the combination or on separate units of the combination. The Department reserves the right to make awards on combination bids or separate bids to the best advantage of the Department. Combination bids other than those specifically provided for in the Proposal Forms will not be considered. Separate Contracts will be awarded for each individual Project included in the combination.

Conditional Proposals will be considered only when provided for in the Special Provisions.

102.13 Acknowledgment of Revisions.

When Addenda and other forms of notice giving revisions and interpretations of the Contract Documents are mailed or otherwise transmitted to prospective Bidders, acknowledgment thereof must be made by the Bidder. The acknowledgment shall be sent or hand delivered to the office and/or individual noted on the form and must be received before the Proposal of the Bidder concerned is opened. If the acknowledgment has not been received before the opening of bids, the bid envelope will be returned to the Bidder unopened.

102.14 Public Opening of Proposals.

Proposals will be opened and read publicly at the time and place indicated in the Advertisement or such other time and place as may be established by Addendum. Bidders, their authorized agents, and other interested parties are invited to be present.

102.15 Irregular Proposals.

Proposals will be considered irregular and may be rejected for the following reasons:

1. If the Proposal is on a form other than that furnished by the Department or other than that printed from the Department furnished Computer Disk, or if the form is altered or any part thereof is detached or incomplete.

2. If the Proposal is not properly signed.

3. If the bid is not typed, not in ink, or not printed from the Computer Disk.

4. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind that may tend to make the Proposal incomplete, indefinite, or ambiguous as to its meaning.

5. If the Bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award. The prohibition does not exclude a reservation limiting the maximum gross amount of awards acceptable to any one Bidder at any one bid letting. However, the Commissioner will make the selection of which Contract or Contracts are to be awarded to such Bidder within the maximum gross amount reserved.

6. If the Bidder makes an alteration of the “Unit Prices” or “Amounts” that have been included by the Department, unless otherwise directed by Addendum received before receipt of bids.

7. Subject to Subsection 103.01, if the Proposal does not contain a unit price for each Pay Item listed or a Total Contract Price. In the case of alternate items or alternate groups of items, the Bidder shall provide prices as stated in Subsection 102.07 and the Proposal.

8. If the Proposal is not accompanied by the Proposal Bond as specified in Subsection 102.10.

9. If the Proposal is not accompanied by an acceptable updated Financial Questionnaire.

10. If acknowledgment of letters and other notices to prospective Bidders, giving revisions of or amendments to the Contract Documents, have not been received as prescribed in Subsection 102.13.

11. If the Commissioner deems it advisable to do so in the interest of the State.

102.16 Disqualification of Bidders.

Any of the following reasons may be considered as being sufficient for the disqualification of a Bidder and the rejection of its Proposal:

1. More than one Proposal for the same work from an individual, firm, partnership, corporation, or combination thereof, under the same or different names. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof, is interested in more than one Proposal for the work contemplated may cause the rejection of all Proposals in which such individual, firm, partnership, corporation, or combination thereof, is interested.

2. Evidence of collusion among Bidders. Participants in such collusion will not be permitted to submit bids for future work of the Department until reinstatement as a qualified Bidder by the Commissioner.

3. If any Pay Item bid price is obviously unbalanced. However, non-rejection of a bid on this basis shall not be deemed to be a determination by the Department that the bid is balanced.

4. Uncompleted work, which, in the judgment of the Department, might hinder or prevent the prompt completion of additional work, if awarded.

5. Failure to satisfy the pre-award requirements of the Minority Utilization attachments included in the Special Provisions for FHWA funded projects.

SECTION 103 - AWARD AND EXECUTION OF CONTRACT

103.01 Consideration of Proposals.

After the Proposals are opened and read, they are compared on the basis of the correctly determined summation of the correctly determined products of all the quantities for Pay Items shown in the Proposal multiplied by the unit prices bid together with the sums bid for lump sum Pay Items. The Total Contract Price resulting from such comparisons is available to the public upon request. Award will be made on the basis of the Total Contract Price.

In the event of a discrepancy between the unit price bid for any Pay Item and the extension shown for that item under the column of the Proposal Form designated “Amount,” the unit price is to govern. Where a unit price is bid for a Pay Item, but no extension is provided, the Department will provide the extension based on the unit price bid and the estimated quantity for that Pay Item. Where an extension is provided by the Bidder in the “Amount” column, but no unit price appears in the “Unit Price” column of the Proposal Form, the Department will provide the unit price by dividing the “Amount” figure provided by the Bidder by the estimated quantity. If there is a discrepancy between the total of the prices provided in the attachment to the Proposal entitled “Supplement for Analysis Of Bid for Pay Item Demolition of Buildings” or the Pay Item “Removal of Asbestos” and the corresponding lump sum price provided in the Proposal for either of those Pay Items, the total of the prices provided in the supplement for bid analysis shall govern and the lump sum price for that Pay Item will be adjusted accordingly.

In the event of a discrepancy between the unit or lump sum prices submitted on the printed Proposal Form and those contained on the Computer Disk or on the “Listing of Final Revisions” form, the unit or lump sum prices submitted on the printed Proposal Form shall govern in all cases.

Where no figure is provided by the Bidder in both the “Unit Price” and “Amount” columns for one or more Pay Items, or where no figure is provided in the “Amount” column for one or more lump sum Pay Items, or where no figure is provided by the Bidder for one or more demolition numbers in the supplement for analysis of either demolition of buildings or removal of asbestos, the Department will consider the amount bid to be zero ($0.00) for that item provided, however, that the Commissioner may reject such a bid if this result be unconscionable and it is shown that the failure to include a bid price was an excusable mistake.

In the event a corporation not incorporated in the State is the lowest Bidder, it shall be authorized to do business in the State pursuant to NJSA 14A:15-2 et seq.

The Commissioner may reject any or all Proposals when the Commissioner determines that it is in the public interest to do so. The Commissioner reserves the right to waive technicalities or to advertise for new Proposals.

103.02 Award of Contract.

The Award will be made to the lowest responsible Bidder whose Proposal conforms in all respects to the requirements set forth in the Contract Documents. The successful Bidder shall also provide to the Department, within the same ten State Business Day period, proof of a valid business registration with the Division of Revenue in the New Jersey Department of Treasury. The Contract will not be entered into by the Department unless the Bidder first provides proof of a valid business registration in compliance with P. L. 2001, c.134 (N.J.S. 52:32-44). The Commissioner will award the Contract or reject all bids within 30 State business days after the bids are received. For FHWA funded projects, Award of the Contract will not be made unless the lowest responsible Bidder has submitted an approved Affirmative Action Plan as specified in the Disadvantaged Business Enterprise Utilization Attachment or the Emerging Small Business Enterprise Utilization Attachment, FHWA Funded Projects, included in the Special Provisions.

The Commissioner may make a Conditional Award pending the approval of the Federal Government, another State governmental body, or private party. Should the Contract not be awarded or conditionally awarded within 30 State business days, all Bidders shall have the right to withdraw their bids. However, the Commissioner and the lowest responsible Bidder and/or the second lowest responsible Bidder can agree to extend the time within which the Commissioner may make an award or conditional award by mutual consent.

At the time of Award or Conditional Award to a Bidder not a resident of the State, such Bidder shall appoint, on the form furnished by the Department, a proper agent in the State on whom service can be made in event of litigation of any type arising under the Contractor or as a result of performance of the Contract. Said agency shall remain in effect during the performance of the Contract and for six years following Acceptance.

The Award or Conditional Award is not binding upon the State until the Contract has been executed by the Commissioner, nor shall any work be performed on account of the proposed Contract until the prospective

Contractor has been notified that the Contract has been executed by the Commissioner, and then only as provided in Subsection 108.03.

103.03 Cancellation of Award.

The Department reserves the right to cancel an Award or Conditional Award at any time before the execution of said Contract by all parties without any liability against the Department.

103.04 Return of Proposal Bond.

All Proposal Bonds except those of the two lowest Bidders will be returned within three State business days after receipt of bids.

The Proposal Bond of the lowest and next lowest Bidders will be returned when the Contract and Performance Bond and Payment Bond have been executed and delivered according to the provisions of Subsection 103.06, or, if not executed, when other disposition of the matter has been made by the Commissioner. However, when the Award or Conditional Award has been annulled due to failure of the Bidder to whom award was made to execute and deliver the Contract and Performance Bond and Payment Bond, the Proposal Bond of such Bidder shall become operative as provided in Subsection 103.07.

103.05 Performance Bond and Payment Bond.

Within ten State business days of the date of Award or Conditional Award, the Bidder to whom the Contract has been awarded shall complete and deliver a Performance Bond and a Payment Bond on forms furnished by the Department.

Each bond shall be the sum of not less than the Total Contract Price less the lump sum bid for the Pay Item “Performance Bond and Payment Bond” and shall be maintained by the Contractor until Acceptance. In the event of the insolvency of the surety or if the Performance Bond and Payment Bond have not been properly authorized or issued by the Surety company, the Contractor shall furnish and maintain, as above provided, other surety satisfactory to the Commissioner.

All alterations, extensions of Contract Time, extra and additional work, and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties of the bonds.

The surety corporation bonds shall be furnished by only those sureties listed in the US Treasury Department Circular 570 and authorized to do business in the State. The bonds shall be accompanied by a certification as to authorization of the attorney-in-fact to commit the surety company and a true and correct statement of the financial condition of said surety company.

Payment for the Performance Bond and the Payment Bond will be made upon commencement of work on the basis of the lump sum bid or the actual cost (gross premium), whichever is less, upon submission of a paid bill and the report of execution issued by the Surety showing the gross premium of the bonds and the broker’s fee. Upon Completion, the Department’s payment for the Performance and Payment Bond will be adjusted to reflect any increase or decrease in the actual cost of the bonds. Any increase will be based upon the rate schedule certified by the Surety and submitted by the Contractor at the beginning of the Project. If the certified schedule and the paid bill are not submitted at the beginning of the Project, no adjustment will be made. Any increase or decrease in the actual cost of the bonds otherwise known as the adjustment of less than one hundred dollars will be disregarded. The adjustment will be calculated on whichever of the following methods results in the lowest adjustment:

1. The difference between the actual cost paid by the Contractor before the commencement of work and the paid final bill submitted by the surety company or agent.

2. The difference between the actual cost paid by the Contractor before the commencement of work and the final amount as calculated by using the certified schedule submitted at the beginning of the Project.

If the amount of this final bill reflects an increase in the cost of the Performance and Payment Bonds, the Department will pay the Contractor the amount as determined above in the final payment to be made to the Contractor after Acceptance. If the amount of the final bill reflects a decrease in the cost of the Payment and Performance Bonds, the Department will deduct that amount from the final payment made to the Contractor after Acceptance.

Any increase in the construction layout ratio will not be included in the Surety adjustment.

Payment will be made under:

Pay Item Pay Unit

PERFORMANCE BOND AND PAYMENT BOND LUMP SUM

103.06 Execution and Approval of Contract.

The Contract shall be signed by the successful Bidder and returned, together with the Performance Bond and Payment Bond, within ten State business days of the date of Award or Conditional Award. The successful Bidder shall also provide to the Department, within the same ten State Business Day period, proof of a valid business registration with the Division of Revenue in the New Jersey Department of Treasury. The Contract will not be entered into by the Department unless the Bidder first provides proof of a valid business registration in compliance with P. L. 2001, c.134 (N.J.S. 52:32-44). The successful Bidder who may want to have any or all claims arising under the Contract reviewed by the Claims Review Board, as provided in Subsection 107.02, shall, within the same ten State business day period, escrow its bid preparation documents in sealed boxes with a Custody Agent, and return to the Department a Custody Agreement fully executed by the Bidder and Custody Agent. The Custody Agreement Form will be provided by the Department at the time of award and shall be completed in its entirety and include a list of all documents contained in the escrowed boxes. A failure by the Bidder to escrow its bid preparation documents and to return to the Department the fully executed Custody Agreement in the ten State business day period shall constitute a waiver by the Bidder of any rights to have claims arising under the Contract reviewed by the Claims Review Board. If the Contract is not executed by the Commissioner within 45 State business days following receipt from the Bidder of the signed Contract and Performance Bond and Payment Bond, the Bidder shall have the right to withdraw its bid without penalty. The Contract is not effective until it has been fully executed.

103.07 Failure to Execute Contract.

Failure on the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract as provided in Subsection 103.06, and the bonds as provided in Subsection 103.05, in the manner and within the time provided, is just cause for annulment of the Award or Conditional Award and for the exclusion of the Bidder from bidding on subsequent projects for such period as the Commissioner may deem appropriate. If the Award is annulled for the above reasons, the Proposal Bond, as described in Subsection 102.10, shall become forfeited and the State may proceed to recover under the terms and provisions of the Proposal Bond. Award may then be made to the next lowest responsible Bidder, or the Work may be readvertised and constructed under contract, or otherwise, as the Department may decide. The successful Bidder may file with the Commissioner a written notice, signed by the Bidder or the Bidder’s authorized representative, specifying that the Bidder refuses to execute the Contract. The filing of such notice has the same force and effect as the failure of the Bidder to execute the Contract and furnish a Performance Bond and Payment Bond within the time herein before prescribed.