181-26 Exhibit A- Final Specifications_compressed.pdf

r, acting within the scope of duties entrusted to them. The word "Addendum" shall mean a modification of the Contract Documents issued in writing by the Engineer prior to the opening of the bids. The term "NJSS" shall mean the New Jersey Standard Specifications for Road and Bridge Construction, 2019 Edition. The term "ASTM" shall mean the American Society for Testing and Materials. The term "AWWA" shall mean the American Water Works Association. The term "ASA" shall mean the American Standards Association. The term "IEEE" shall mean the Institute of Electrical and Electronic Engineers, Inc. The term "NEC" shall mean the National Electric Code of the National Fire Protection Association. GC-1

The term "NEMA" shall mean the National Electric Manufacturers Association. The term "AWS" shall mean the American Welding Society. The term "BOCA" shall mean Building Code Officials and Code Administration International, Inc. The term "ACI" shall mean the American Concrete Institute. The term "NFPA" shall mean the National Fire Protection Association. The words "as described," "as required," "as permitted," "as allowed," or phrases of like effect or import as used herein shall mean that the direction, requirement, permission, or allowance of the Engineer is intended, and similarly, the words "approved," "reasonable," "suitable," "properly," "satisfactory," or words of like effect or import, unless otherwise particularly specified herein, shall mean approve, reasonable, suitable, properly, or satisfactory in the judgment of the Engineer. SECTION 4 - ENGINEER'S DECISIONS All work under this Contract shall be done to the satisfaction of the Engineer who shall determine the amount, quality, acceptability, and fitness of the several items of work and materials which are to be paid for hereunder. The Engineer shall also decide all questions which may arise as to the fulfillment of the terms of the Contract by the Contractor, and as to the intent and purpose of the Contract Plans and Specifications. The determination of the Engineer in all such matters shall be final and binding upon the parties thereto. SECTION 5 - INSPECTION The Owner, at their own expense, has appointed and employed the Engineer whose duty it is to observe and inspect, in the Owner's interest, the materials furnished, and the work done as the work progresses in order to insure full and complete compliance with the Contract. It is agreed that the Owner may also, at its pleasure and at its own expense, appoint and employ such other persons as may be necessary for those purposes. The Engineer and all such other persons referred to shall have unrestricted access to all parts of the work and to other places at and in which the preparation of the materials and other parts of the work to be done under this Contract are carried on and conducted and shall be given by the Contractor all facilities and assistance required to carry out their work of observation and inspection. It is not the function of the Engineer to supervise or direct the manner in which the work to be done under this Contract

nd assistance required to carry out their work of observation and inspection. It is not the function of the Engineer to supervise or direct the manner in which the work to be done under this Contract is carried on or conducted. Nevertheless, the Contractor agrees that any method of procedure, which in the opinion of the Engineer does not achieve the required results or quality of the work specified, shall be discontinued immediately upon the order of the Engineer. The Engineer shall have the authority to reject any work, or materials, or any part thereof, which does not in their opinion conform to the Plans, Drawings, Specifications, and Contract, and it shall be permissible for them to do so at any time during the progress of the work and until its acceptance. No work shall be done except in the presence of designated representatives of the Owner or the Engineer and no material of any kind shall be used upon the work until it has been inspected and accepted by such duly authorized representatives. All materials rejected shall be removed immediately from the work and not again offered for inspection. Any materials or workmanship found at any time to be defective or not of the quality or character required by the Plans and Specifications shall be remedied at once regardless of previous inspection. GC-2

Such inspections shall not relieve the Contractor from any obligation to perform such work strictly in accordance with the Plans and Specifications and work not so constructed shall be removed and made good by the Contractor at their own expense, and free of all expense to the Owner without reference to any previous oversight or error in inspection. It is also understood that representatives of the State shall have access to the work wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection. SECTION 6 - OBLIGATION OF CONTRACTOR The Contractor shall, at their own cost and expense, provide any and all manner of superintendence, insurance, taxes, labor, materials, apparatus, scaffolding, appliances, tools, machinery, power transportation, and whatever else may be required of every description necessary to do and complete the work, and shall be solely answerable for the same and for the safe, proper, and lawful construction, maintenance, and use thereof. The Contractor shall cover and protect the work from damage, and make good all injury to the same occurring before the completion of this Contract. The Contractor shall employ only competent people and shall provide an experienced superintendent who shall be present at all time that work is in progress. The Contractor shall also provide experienced foremen on each part of the work. The Contractor shall, at their own expense, wherever necessary or required, maintain fences, provide watchmen, maintain lights, place additional timber and braces, and take such of the precautions as may be necessary to protect life, property, and structures, and shall be liable for all damages occasioned in any way by their act or neglect, or that of their agents, employees, or workmen. The Contractor shall provide access at all times to private property. SECTION 7 - PATENT RIGHTS The Contractor shall indemnify and save harmless the Owner and its officers, agents, and representatives from all claims for damages, arising from the infringement or alleged infringement of any letters patent or patent rights covering any material, appliance, or device used in or upon the work or any part thereof. All royalties for patents or patent infringement claims that might be involved in the construction of the work shall be included in the Contract amount and the Contractor

he work or any part thereof. All royalties for patents or patent infringement claims that might be involved in the construction of the work shall be included in the Contract amount and the Contractor shall satisfy all demands that may be made at the time for such and shall be liable for any damages or claims for patent infringements; and the Contractor shall at their own expense defend any and all suits or proceedings that may be instituted against patent or patents involved or alleged to be involved in the work and in case of an award of damages, the said Contractor shall pay such award. SECTION 8 - DEFENSE OF SUITS In case any action at law of suit in equity may or shall be brought against the Owner or any of its representatives or agents for or on account of the failure, omission, or neglect of the Contractor or their or their employees or agents to do and perform any of the covenants, acts, matters, or things by this Contract undertaken or to be done or performed by the Contractor or their subcontractors, or their or their employees or agents, or for any injury or damage caused by the negligence or alleged negligence of the Contractor or their subcontractors, their or their employees or agents, the Contractor shall indemnify and save harmless the Owner, its representatives, agents, and servants of and from all loss, cost, damage, expense, judgment, or decrees whatever arising out of such actions or suits as may or shall be brought as aforesaid. GC-3

SECTION 9 - PERMITS, LAWS, AND ORDINANCES The Contractor shall keep themself fully informed of all existing and current ordinances and regulations and City, County, State, or National laws in any way limiting or controlling the actions or operations of these engaged upon the work or affecting the materials supplied to or by them. The Contractor shall at all times observe and comply with all such valid and legally binding ordinances, 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. The Contractor shall take out and carry appropriate employer's liability insurance and public liability insurance. The Contractor 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. 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 them, 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

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 their 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 their 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 GC-4

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. 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 they 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

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 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 agrees that they 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 them. 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 their claim, within thirty (30) days after the said work is performed. Should such work extend over a period 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. GC-5

SECTION 17 - GUARANTEE The Contractor agrees the work done under this Contract, and that the materials furnished by them and used in the construction of the same are free from defects or flaws, and the guarantee is for a term of one (l) 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 their 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 their 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