180-26 - Exhibit A. CDBG 2025 SPECS_compressed.pdf

inances, laws, and regulations, and shall protect and indemnify the Owner and its representatives and agents against any claim or liability arising from or based on any violation of the same. He shall take out and carry appropriate employer's liability insurance and public liability insurance. He shall obtain and pay for all necessary permits and pay all fees required in connection with the Contract. SECTION 10 - ASSIGNMENT OF CONTRACT The Contractor shall have no right or power to assign this Contract, in whole or in part, nor to assign any right arising or monies due or to grow due thereunder, without formal approval of the Owner. GC-4

SECTION 11 - SUBLETTING No part of the work embraced in this Contract shall be sublet or in any way removed from the control of the Contractor except with the written consent of the Owner, but this provision shall not apply to the purchase and delivery of materials necessarily manufactured and provided elsewhere. SECTION 12 - COMPLETION OF WORK BY OWNER If the work to be done under this Contract shall be abandoned by the Contractor, or if this Contract shall be assigned, or the work sublet by him, otherwise than as herein specified, or if at any time the Engineer shall be of the opinion that the performance of the Contract is unnecessarily or unreasonably delayed or that the Contractor is willfully violating any of the conditions of covenants of this Contract, or of the Specifications, or is executing the same in bad faith or not in accordance with the terms thereof, or if the work be not fully completed within the time named in the Contract for its completion, or within the time to which the completion of the Contract may be extended by the Owner, the Owner may notify the Contractor to discontinue all work, or any part thereof under this Contract, by a written notice to be served upon the Contractor, as herein provided; and the Contractor shall within five (5) days of the service of said notice discontinue the work, or such part thereof, and Owner shall thereupon have the power to contract for the completion of the Contract in the manner prescribed by law, or to place such and so many persons as it may deem advisable, by contract or otherwise, to work, and complete session of and use any of the materials, plant, tools, equipment, supplies, and property of every kind provided by the Contractor for the purpose of his work and to procure other materials and equipment for the completion of the same, and to charge the expense of said labor and materials to the Contractor. The expense so charged shall be deducted and paid by the Owner out of such monies as may be due or may at any time thereafter grow due to the Contractor by virtue of this Contract, or any part thereof. And in case such expense shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor or his surety shall pay the amount of such excess to the Owner; and in case such expense shall be less than the amount which would

ract if the same had been completed by the Contractor, the Contractor or his surety shall pay the amount of such excess to the Owner; and in case such expense shall be less than the amount which would have been payable under this Contract if the same had been completed by the Contractor, the Owner shall pay such difference to the Contractor. SECTION 13 - CLAIMS FOR LABOR AND MATERIALS The Contractor shall indemnify and save harmless the Owner from all claims for labor done and for materials furnished under this Contract, or any alterations or modifications thereof and shall furnish the Owner with satisfactory evidence, when called for by it, that all persons who have done work or furnished materials under this Contract, for which the Owner may become liable under the laws of the State, have been fully paid or satisfactorily secured, and in case such evidence is not furnished, an amount necessary or sufficient within the discretion of the Owner to meet the claims of the persons aforesaid shall be retained, in addition to any other monies due the Contractor under this Contract, until the liabilities aforesaid shall be fully discharged or satisfactorily secured. GC-5

SECTION 14 - MODIFICATIONS AND EXTRA WORK The Contractor in entering into this Contract understands that the Owner reserves the right to modify the arrangement, character, or size of the work or appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. Minor changes in the work not involving extra cost and not inconsistent with the purpose of the work may be made by verbal order, but no modifications involving substantial extra work or changes shall be made unless ordered by the Engineer. The Contractor shall and will accept such modifications when ordered in writing by the Engineer, and the same shall not vitiate or void this Contract. Any such modifications so made shall not, however, subject the Contractor to increased expense without equitable compensation. If such modifications result in a decrease in the cost of work involved, an equitable deduction from the Contract price shall be made. SECTION 15 - PAYMENT FOR EXTRA WORK The Contractor agrees that he will accept as full compensation for extra work, the unit prices bid, where such are applicable; and for such items as are not properly covered by unit prices, a lump sum agreed upon as reasonable by the Engineer and the Contractor. If an agreement cannot be made on payment for extra work on a unit price or lump sum basis, the Contractor will accept as full compensation the necessary labor, including insurance and payroll taxes, equipment rental and materials, plus fifteen (15%) percent which covers superintendence, the use of tools and plant, and other overhead expenses and profit. In case the extra work is performed by a previously approved subcontractor, the total allowance which covers superintendence, the use of tools and plant, and other overhead expenses and profit shall be twenty (20%) percent instead of fifteen (15%) percent as stated above. Equipment rental charges shall be the prorated charge actually paid by the Contractor in the case where equipment is rented, except that this rental charge shall not exceed the latest rental rates compiled by the Associated Equipment Distributors. If the equipment is owned by the Contractor, the equipment rental charge shall be prorated on the basis of the monthly rates compiled by the Associated Equipment Distributors. All fuel and lubrication costs will be paid for separately. The Contractor agrees to prosecute such extra

prorated on the basis of the monthly rates compiled by the Associated Equipment Distributors. All fuel and lubrication costs will be paid for separately. The Contractor agrees to prosecute such extra work with all reasonable diligence, and to employ thereon competent people. The Contractor shall give the Engineer access to all accounts, bills, payrolls, and vouchers relating to extra work not covered by unit prices, and he agrees that he shall have no claim for compensation for such extra work in the case of items not covered by unit prices unless a statement in writing of the actual cost of the same, fully itemized as to labor and materials, is presented to the Engineer before the thirtieth (30) day of the month following that during which each specific order was complied with by him. SECTION 16 - CLAIMS FOR UNAUTHORIZED EXTRA WORK If the Contractor performs work which he considers is not included under any of the items of the Contract and which has not been specifically ordered in writing by the Owner as extra work, he shall make a claim for extra payment for such work, with detailed cost data to support his claim, within thirty (30) days after the said work is performed. Should such work extend over a period GC-6

of more than thirty (30) days, he shall submit monthly records of all cost data relating to the claim for extra payment of such work. SECTION 17 - GUARANTEE The Contractor agrees the work done under this Contract, and that the materials furnished by him and used in the construction of the same are free from defects or flaws, and the guarantee is for a term of one (I) year from and after the date upon which the final estimate of the Engineer is formally approved by the Owner. It is hereby, however, agreed and understood that this guarantee shall not include any repairs made necessary by any cause or causes other than defective materials furnished by or defective work done by the Contractor. SECTION 18 - REPAIRS FOR ONE YEAR The Contractor further agrees that he will furnish prior to payment of the final estimate, a certificate from his surety stating that the Performance Bond covers the above one-year guarantee. The Contractor shall make such repairs on the work as may be required by the Contractor's guarantee. In the event the Performance Bond does not provide a one-year guarantee, a separate Maintenance Bond in an amount equal to ten (10%) percent of the amount of the Contract shall be posted. SECTION 19 - RATE OF PROGRESS AND SEQUENCE OF WORK The Contractor shall, within ten (10) days after the date of the execution of the Contract, submit a construction schedule showing dates of starting and completion of various parts of work. Thenceforth, the rate of progress shall be such that the whole work will be completed and the grounds cleaned up within the time stated in the Contract. The Engineer shall direct and order the location and sequence of work. If at any time before the commencement or during the progress of the work, the materials, labor and appliances used or to be used by the Contractor appear to the Engineer to be insufficient or improper for securing the quality of work required or the required rate of progress, the Engineer may order the Contractor to increase their efficiency or to improve their character, and the Contractor shall conform to such order; but the failure of the Engineer to demand any such increase or efficiency or any such improvements shall not release the Contractor from his obligation to secure the quality of the work or the rate of progress specified. SECTION 20 - EXTENSION OF TIME The Contractor expressly covenants

provements shall not release the Contractor from his obligation to secure the quality of the work or the rate of progress specified. SECTION 20 - EXTENSION OF TIME The Contractor expressly covenants and agrees that in undertaking to complete the work sufficiently to permit operation of major units and to complete the entire work within the time stated in the Contract, he has taken into consideration and made allowance for all of the ordinary delays and hindrances incidental to such work, whether growing out of delays in securing materials or workmen, or otherwise. Should the Contractor, however, be substantially delayed in the prosecution and completion of the work by any changes, additions or omissions therein ordered GC-7

in writing by the Engineer, or by fire, lightning, earthquake, tornado, cyclone, riot, insurrection or war, or by the abandonment of the work by the workmen engaged therein through no fault of the Contractor, or by the discharge of all or any material number of workmen in consequence of difficulties arising between the Contractor and such workmen, or by the neglect, delay or default of any other Contractor of the Owner, the Contractor may, within five (5) days after the occurrence of the delay for which he claims allowance notify the Engineer thereof in writing, and thereupon and not otherwise the Contractor shall be allowed such reasonable additional time for the completion of the work as the Engineer in his discretion and authority on behalf of the Owner shall award in writing. SECTION 21 - LIABILITY OF CONTRACTOR FOR EMPLOYEES Each and every employee of the Contractor, and each and every employee of his subcontractors engaged in the said work shall, for all purposes, be deemed and taken to be the exclusive servants of the Contractor and not for any purpose or in any manner in the employment of the Owner. The Contractor shall in no manner be relieved from responsibility or liability on account of any fault or delay in the execution of the said work or any part thereof by any such employee, or any such subcontractor, or any materialmen, whatsoever. SECTION 22 - NO WAIVER OF RIGHTS No certificate given or payment made under this Contract shall be evidence of the performance of the Contract either wholly or in part, and no payment shall be construed to be an acceptance of defective work or improper materials. No act of the Owner or of the Engineer, or of any representative of either of them in inspecting the work, nor any extension of time for the completion of the work, shall be regarded or taken as an acceptance of such work, or any part thereof, or of materials used therein or therefore, either wholly or in part. Before any final payment shall be allowed, the Contractor will be required, and he hereby agrees, to sign a statement that he accepts the same in full payment and settlement of all claims on account of work done and materials furnished under this Contract, and furthermore that all claims on account of work done and materials furnished under this Contract, and furthermore that all claims for materials provided or labor performed have been paid

Contract, and furthermore that all claims on account of work done and materials furnished under this Contract, and furthermore that all claims for materials provided or labor performed have been paid or satisfactorily secured. No waiver of any breach of this Contract by the Owner or anyone acting for it or on its behalf shall be held as a waiver of any other or subsequent breach thereof. SECTION 23 - VERBAL STATEMENTS NOT BINDING It is understood and agreed that the written terms and provisions of this agreement shall supersede all prior verbal statements of the Engineer or other representatives of the Owner, and such statements shall not be effective or be constructed as entering into or forming a part of, or altering anywise whatsoever the written agreement. SECTION 24 - RELEASE OF LIABILITY No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid, and neither the Owner or any employee or GC-8

agent thereof shall be liable or be held acceptable for damages caused by the Contractor. Acceptance by the Contractor of the final payment shall operate as and shall be a release to the Owner and every representative and agent thereof from all claims and liability to the Contractor for anything done or furnished for, or relating to the work or for any act or neglect of the Owner or any person relating to or affecting the work. SECTION 25 - SUBSTITUTION CLAUSE Wherever in the Plans and Specifications any item of equipment or material is designated by reference to a particular brand, manufacturer, or trade name, it is understood that an approved equal product, acceptable to the Engineer may be substituted by the Contractor. SECTION 26 - AFFIRMATIVE ACTION PROVISION FOR CONSTRUCTION CONTRACTS Affirmative Action Provisions for Construction Contracts is referenced to PL 1975, C. 127, NSA 10:5-31 et seq. and NJAC 17:27. GC-9