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SHAMELESSLY CYA
last udate:06/24/01
Badge
of honor for exceptional contribution to "Shamelessly CYA" category.
12.
Borough of Raritan, NJ Transit RR Station Parking Lot Expansion.
Bid Date: 02/22/01. Engineer: Schoor Depalma, Manalapan NJ.
Section 201 - Clearing Site reads:
"Clearing Site shall also include any work not actually listed in the schedule of items in the proposal that is required for the completion of work as described by the Drawings or directed by the Engineer."
I guess if the Borough needs new school, municipal building or new fire house they can direct the contractor to provide it under clearing site of this project. Why not ask for a blank check?
11.
Borough of Watchung, Watchung Lake Parking Lot Improvements
Bid Date: 07/18/00, Engineer: Ferriero Engineering, Inc.,Chester NJ.
Specifications section 1.02 entitled Technical Specifications 2nd paragraph on page S-11 reads:
It is provided that whenever anything is, or is to be, done if, as, or, when, or where " contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approved, disapproved, acceptadable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned," it shall be understood as if the expression were followed by the words " by the Engineer" or "to the Engineer.
Maybe this one should go to our Sat What Category ?
10.
South Brunswick High School Parking Lot Expansion
Bid date:06/16/2000, Consultant: Melick-Tully and Associates, P.C., South Bound
Brook NJ.
Soil and foundation investigation report, Conclusions and Recommendations note 5 reads.
"New Pavement in the proposed parking area could be supported by the existing fill provided it is found to be in an unyielding condition when proofrolled with a loaded tandem axle dump truck"
This is their conclusion and recommendation? I would think that the very purpose of soil investigation is to find out if the soil can support new construction. This is like saying there will be no rain in this part of the country until it rains.
9.
Township of Branchburg NJ, Reconstruction Project in the Vicinity of Round Hill
Road
Bid Date: 03/14/2000, Engineer: In House
Specifications, section entitled Proof Roll Procedure reads:
After the bituminous concrete base course has been installed and prior to installation of the bituminous concrete surface course, the base course shall be proof rolled utilizing the procedures outlined in the above paragraph. Any areas found to be yielding, as determined by the Engineering Department, as a result of the proof roll shall be marked out by the Engineer for removal by the Contractor. Any bituminous concrete base course that fails the proof roll and is marked out for removal shall be removed by the Contractor and replaced at no cost to the Township.
We need to explain why the four
cans:
In addition, job specifications require proof rolling of the subgrade upon which
bituminous base is to be installed. The engineer is to mark out soft areas,
exposed by proof rolling, and the contractor is to excavate and replace these
areas with suitable material. There are separate pay items for excavation and
for subgrade replacement material. The specifications are clear: "The
bituminous concrete base course must be installed on a firm and unyielding
subgrade as determined by the Engineering Department based upon a
proof roll".
Here is what this guy is saying: I am the ultimate authority when it comes to subgrade approval. However if I make a mistake, or I don't feel like spending any more money on subgrade repair, it is the contractor's responsibility to correct it. (For those of you not familiar with road building, yielding bituminous base is a direct result of yielding subgrade.)
This should prove that Branchburg Township's honorable mentioning in our very scientific poll is justified. See the poll.
8.
Township of Branchburg NJ, Reconstruction Project in the Vicinity of Round Hill
Road
Bid Date: 03/14/2000, Engineer: In House
Specifications, section entitled Questions Regarding Plans & Specifications reads:
Before submitting bids, the bidder shall apply in writing to the Municipal Clerk for clarification or interpretation of any conflicting information between two or more statements in the plans and specifications. If such clarification is not requested before bidding, the bidder shall be responsible for doing such work and furnishing such materials as is necessary to comply with whichever interpretation of the plans and specifications the Township may, during construction, judge to be proper.
This engineer obviously has no confidence in his own work and therefore he forces the contractor to review and actually approve his work. This is not engineering.
7.
Randolph Township, NJ. Freedom Park Construction
Bid:02/10/2000, Engineer: Suburban Consulting Engineers, Inc., Clinton NJ.
The Note on plans sheet # 5,6&7 reads:
"THE VOLUME OF EARTHWORK ESTIMATED FOR THIS PROJECT IS BASED ON AERIAL SURVEYS AND DIGITAL MODELING OF THE EXISTING AND PROPOSED GROUND SURFACES. THE CONTRACTOR SHALL NOTE THAT IT IS THE INTENT OF THESE PLANS AND SPECIFICATIONS TO US THE VOLUME OF ON-SITE SOILS TO THE MAXIMUM EXTENT PRACTICAL FOR ACHIEVING THE PROPOSED GRADES. IF DURING EARTHWORK OPERATIONS, THE CONTRACTOR IDENTIFIES A DEFICIT OR SURPLUSOF ON-SITE SOILS FOR SUB-GRADE ESTABLISHMENT, HE SHALL IMMEDIATELY NOTIFY THE OWNER AND RECOMMEND CHANGES IN ONE OR MORE FIELD ELEVATIONS TO MORE CLOSELY MEET A BALANCED CUT AND FILL CONDITION ON THIS PROJECT. ALL CHANGES IN GRADES ON THE SITE ARE SUBJECT TO THE REVIEW AND APPROVAL OF THE ENGINEER. NO ADDITIONAL ADJUSTMENT IN CONTRACT TIME WILL BE MADE FOR CHANGES IN FINAL GRADE. NO ADDITIONAL COMPENSATION WILL BE MADE FOR GRADE CHANGE ADJUSTMENTS."
Translation: The method used in arriving with existing and proposed grades is inaccurate, unreliable, and useless. Consequently, who knows whether or not the design will produce balance cut and fill. However the contractor given the same inaccurate, unreliable and useless data should anticipate in his bid all necessary grade adjustments to achieve balance cut and fill condition. The contractors price should include proper design, as well as any additional excavation, grading or filling required to make up for the original design deficiencies.
This one truly belongs in the garbage. We give it our highest rating , four cans.
John, Clinton NJ
6.
Bernards Township, NJ. 2000 Road Improvement Project
Bid: 02/01/2000, Engineer: In house
Specia Condition, section entitelsed Work To Be Done In Accordance with Drawings And Directions reads:
The work, during its progress and its completion, shall conform to the lines and grades given by the Township Engineer, and shall be done in accordance with the drawings and directions given by him from time to time, and in no case will any work in exess of such requirements be paid for.
The title of this paragraph is definitely wrong. We suggest a new title: Work To Be Done In Accordance With What Ever The Engineer Can Think Of On Any Given Day.
5.
City of Plainfield, NJ. Contract # 2. Road Improvements
Bid: 12/13/99, Engineer: JCA Associates, Inc., Clark NJ.
Note # 18 on plans page C1 reads:
" Water main & gas main relocation required by installation of storm drainage shall be completed in accordance with requirements of the utility owner. Cost of relocation to be included in cost of storm drainage installation."
We should ad that the proposed drainage pipe crosses water main, gas main and sewer line at least 16 times and no inverts of existing underground utilities were given. How can anybody submit a competitive bid with this type of CYA note? Isn’t digging of test pits, for the purpose of locating underground utilities, a part of drainage system design ? No it is much easier to relocate the existing utilities in 16 different location. What a horses .....
4.
City of Plainfield, NJ. Contract No. 3 Road Improvements
Bid: 12/13/199, Engineer: Kupper Associates, Piscataway NJ
Specification page # F-5, section 414 Specifications reads:
"Whatever is included under one item and can be included under other item, they shall so be included."
Translation: Unit price of each item in the proposal should cover work associated with each and every item of the proposal.
3. Borough of Kenilworth
NJ. Paving Improvements to Park Drive and Clinton Ave.
Bid:10/25/99. Engineer: Michael Disko, Union NJ.
Contract specifications page IB-2, section IB 04 Questions Regarding Plans and Specifications, reads:
"Before submitting bids, the bidder shall apply in writing to the Engineer for clarification or interpretation of any conflicting information between two or more statement in the Plans and Specifications. If such clarification is not requested before bidding , the bidder shall be responsible for doing such work, and furnishing such materials, as is necessary to comply with whichever interpretation off the Plans and Specifications the Engineer may, during construction, judge to be proper.
How about contract documents without any conflicting statements?
Provided by Mark Z.NJ----------------------------------------------------------------------------------------------------------------------------------
2. Borough of
Sayreville NJ. 1998 Roadway Paving and Reconstruction Project - Phase III. Bid
Date:10/12/99. Engineer: CME Associates, Parlin NJ.
Note # 6 on contract plans, page 8 reads:
"6. The contractor shall coordinate the lowering or relocation of underground utility, wire, cable, or other facilities required to install storm sewer and concrete improvements with the effected utility companies. Cost for the work performed by the utility companies shall be absorbed by the contractor."
Sure, the contractor can easily predict the unpredictable. How about predicting the next earthquake - wouldn't that be nice.
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1. Borough of Raritan NJ.
Reconstruction of Elizabeth Ave., River Ave., Perlee Ave., Ashton St., and Avon
Pl. Engineer: James V. DeMuro Associates.
Job specifications, SPECIAL PROVISIONS:
„ The work contemplated includes, but is not limited to the following”
1......
10. All other work of any type or description necessary for the completion of the project, whether or not specifically shown on the plans or specifications”
Why not ask for a blank check?