Township Council Meeting — Packet

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

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 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 their 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 their 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 GC-6

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 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 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

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, NJSA 10:5-31 et seq. and NJAC 17:27. GC-7

EXHIBIT A During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 10:5-31 et seq., as amended and supplemented from time to time and the Americans with

bcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted County employment goals established in accordance with NJAC 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. GC-8

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division's website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for con- ducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC -17:27. GC-9

EXHIBIT B MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 10:5-31 ET SEQ., (PL 1975, C. 127) NJAC 17:27 CONSTRUCTION CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for