9-General Provisions-NBCUA Contract No. 25-002 Final.pdf

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GENERAL PROVISIONS

NOTE: The headings of the Sections herein are intended for convenience of reference only and shall not be considered as having any bearing on their interpretation.

DEFINITIONS: (Sec. G.01) Whenever in the Contract Documents the following terms, or pronouns in place of them are used, their intent and meaning shall be interpreted as follows:

APPROVED, the written approval by the Engineer, unless otherwise specified. Use of the terms "directed", "required", "permitted" or words of like import, shall be considered as similarly defined.

AS DESIGNATED OR AS INDICATED, has reference to information or directions indicated in the Specifications for the Work.

AUTHORITY CHAIRMAN, AUTHORITY COUNSEL, AUTHORITY SECRETARY,

AUTHORITY TREASURER, the Chairman, Counsel, Secretary, or Treasurer of the Northwest Bergen County Utilities Authority.

BIDDER, an individual, firm, partnership or corporation, acting directly or through a duly authorized representative legally submitting a Proposal.

CONSULTING ENGINEERS, an individual, firm, partnership, or professional corporation engaged by the Authority to provide consulting engineering services or their duly authorized representative(s).

CONTRACT DOCUMENTS, the documents covering the performance of the Project and payments therefor, hereinafter defined, including Advertisement, Instructions to Bidders, Proposal, Non- Collusion Affidavit, Executed Contract, Contract Bond or Bonds, General Provisions, Specifications, Plans, Addenda, Change Orders and Supplemental agreements which may be entered into, all of which documents are to be treated as one instrument whether or not set forth at length in the form of Contract.

CONTRACTOR, party of the second part to the Contract, acting directly or through agents or employees, and primarily liable for the acceptable performance of the Work and for the payment of all debts pertaining to the Work.

ENGINEER, the Engineer duly authorized by and acting as representative of the Owner to observe the Work contemplated herein, or its duly appointed assistants or representatives.

OWNER, The Northwest Bergen County Utilities Authority, Waldwick, New Jersey, party of the first part to the Contract, also referred to as the AUTHORITY.

PLANS, OR CONTRACT DRAWINGS, OR DRAWINGS, drawings or reproductions thereof furnished by the Consulting Engineers, pertaining to the Work and such detailed drawings as may be issued by the Engineer as the Work proceeds.

PROJECT OR WORK, the entire works to be performed under the Contract.

PROPOSAL OR BID, the prepared form furnished by the Owner, properly filled in, executed and submitted as a bid for the performance of the Work.

PROVIDE OR PROVIDED, require both furnishing and installation of a thing, product, system, or the like.

SPECIFICATIONS, the General Requirements, Item Specifications, and all written agreements made or to be made, pertaining to the method or manner of performing the Work or to the quality and quantities of materials to be furnished for the Work.

REMOVAL AND DISPOSAL OF RESIDUALS CONTRACT 25-002

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SUPERINTENDENT, the Superintendent of Authority Wastewater Treatment Plant at Waldwick, N.J.

SURETY, the corporate body which is bound with and for the Contractor and which engages to be responsible for its acceptable performance of the Work and for its payment of all debts pertaining to the Work.

Whenever in describing or referring to any person, party, matter or thing, any word importing the singular number of masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party and to females as well as males and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.

EXTENT OF CONTRACT: (Sec. G.02) All work and materials mentioned in the Specifications, and not indicated on the Drawings, and all work and materials (including delivery and set-up) necessary for the completion of the Work according to the true intent and meaning of the Contract Documents shall be furnished, performed and done, as if the same were both mentioned in the Specifications and indicated on the Drawings.

Each and every provision of law and of any clause required by law to be inserted in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein.

NOTICES TO CONTRACTOR: (Sec. G.03) Notices, letters or other communications, addressed to the Contractor at the address given in the Proposal and delivered at any post office box regularly maintained by the United States Postal Service shall be deemed sufficient service thereof, upon the Contractor, and the date of service shall be deemed to be 24 hours after the date of mailing. Not withstanding the foregoing the above named place may be changed, but only by an instrument in writing, executed by the Contractor, which shall be hand delivered to the Authority, which shall acknowledge receipt thereof. Nothing herein contained shall preclude or render inoperative the service of any communication upon the Contractor personally, or otherwise as provided by law. The telephone number to receive notices and the emergency telephone numbers to receive emergency notices may be changed in like manner.

COMPETENT PERSONS TO BE EMPLOYED: (Sec. G.04) The Contractor shall employ only competent and skillful persons to perform the Work, and whenever the Owner shall notify the Contractor in writing that any person on the Work is, in its opinion, disobedient, incompetent, unfaithful, disorderly, or otherwise unsatisfactory, the Contractor, on receiving such notice shall forthwith dismiss such person from any work for the Authority and shall not again employ that person on any part of the Work without written consent of the Owner.

PERMITS: (Sec. G.05) The Contractor shall, at its own expense, take out all necessary permits from the municipal or other public authorities for road openings, traffic control and such other permits which by law or rules and regulations of the municipal or other authority having jurisdiction are required to be obtained by the Contractor and shall give all notices required thereby. Other permits not specifically required as part of the Work will be obtained and paid for by the Owner.

LAWS, ORDINANCES, AND REGULATIONS: (Sec. G.06) The Contractor shall observe and comply with all laws, ordinances and regulations affecting the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority. If any discrepancy, omission or inconsistency is discovered in the Contract Documents in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Owner in writing, and the Contract Documents shall be deemed modified to the extent necessary to conform to every such law, ordinance, regulation, order or decree. The Contractor shall protect and indemnify the Owner, and its officers and agents, the Consulting Engineer and Engineer against any claim or liability arising from the violation of any such law, ordinance, regulation, order or decree, whether by itself, or its employees, or its agents.

This Contract shall be governed by the laws of the State of New Jersey.

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In accordance with the requirements of N.J.S.A. 34:11-56.25 et seq., the Contractor is required to pay to the workers employed in the performance of the Contract not less than the prevailing wage rate. The Authority has obtained from the Commissioner of the New Jersey Department of Labor a determination as to the prevailing wage rates in the locality in which the public work under this Contract is to be performed for each craft or trade needed to perform the Contract, and said determination is included in Addendum No. 1 to this Contract and incorporated herein by reference. The Contractor further recognizes that the Commissioner of the New Jersey Department of Labor may increase the amount of the prevailing wage rate at any time and the Contractor agrees to pay the prevailing wage rate as same may be increased from time to time by the Commissioner of the New Jersey Department of Labor.

In the event it is found that any worker employed by the Contractor has been paid a rate of wages less than the prevailing wage required to be paid, the Authority may terminate the Contractor's right to proceed with the Work, or such parts of the Work to which there have been a failure to pay required wages, and to prosecute the Work to completion or otherwise.

The Contractor's attention is called to N.J.S.A. 34:11-56.25 et seq., which requires that the Contractor pay its laborers and mechanics the prevailing rates of wages. The Contractor agrees that, if any dispute arises as to what are the prevailing rates of wages applicable to the Contract, which cannot be adjusted, the matter shall be referred to the Commissioner of Labor of the State of New Jersey for determination and that its decision shall be conclusive.

The Contractor's attention is called to other New Jersey Statutes which may be applicable to the Contract, including, but not limited to N.J.S.A. 10:2-1 et seq. relating to discrimination in employment on public works projects; N.J.S.A. 10:5-31 et seq. relating to equal employment opportunity on public works projects, and N.J.S.A. 40A:11-18 and R.S. 52:33-1, et seq., which provide that United States products, wherever available, shall be used in the performance of any public works contracts.

INDEMNIFICATION: (Sec. G.07) The Contractor shall indemnify and hold harmless the Owner, Engineer and the Consulting Engineers and their officers, representatives, agents and employees from and against all claims, damages, losses and expenses direct and indirect and, including attorney's fees and engineering fees, arising out of, resulting from, or relating to, the Work or the performance of the Work, provided that any such claim, damage, loss or expense is caused in whole or in part, by any negligent, grossly negligent or willful act or omission of the Contractor, anyone directly or indirectly employed by the Contractor, or anyone for whose acts the Contractor may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

In this manor any demand for loss to NBCUA with regard to the project would require indemnification by the contractor; reasonable legal fees should be included.

In any and all claims against the Owner, the Engineer or the Consulting Engineers, or any of their officers, representatives, agents or employees by any employee of the Contractor, anyone directly or indirectly employed by the Contractor, or anyone for whose acts the Contractor may be liable, the indemnification obligation of the Contractor under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

PUBLIC LIABILITY, PROPERTY DAMAGE, AND AUTOMOBILE INSURANCE: (Sec. G.08) The Contractor shall take out and maintain during the life of this Contract the various types and amounts of insurance as required to protect the Contractor, the Owner, officials and representatives of the Owner, the Consulting Engineers, the Engineer from claims for damage for personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this Contract, whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor or for whose acts the Contractor may be liable.

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Without restricting the obligations and liabilities assumed under the Contract Documents, the Contractor shall, at its own cost and expense, purchase and maintain in force until final acceptance of its Work, the below listed forms of insurance coverage.

The Contractor shall arrange to have the Owner named as an additional insured in each policy. The coverage provided by the Contractor should be primary and non-contributory with regard to “Additional Insured” status which names NBCUA as “Additional Insured”. Certificates in quadruplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with the Owner, the Consulting Engineers, and the Engineer before operations are begun. Such certificates shall not merely name the types of policy provided, but shall specifically refer to this Contract and shall contain a separate express statement of compliance with each of the requirements as set forth in this Section. However, the original policies for Owner's Protective Liability Insurance (Item C) shall at this time be delivered to the Owner for its possession.

All policies as hereinafter required shall be so written that the Owner, the Consulting Engineers and the Engineer will be notified of expiration, cancellation or restrictive amendment at least 45 days prior to the effective date of such expiration, cancellation or amendment.

Different minimum insurance limits are shown for projects identified as Insurance Levels B and C. The Insurance Level associated with this project shall be identified in the Special Provisions or, if no specific Insurane Level is identified in the Special Provisions, shall be Level B.

1. Commercial General Liability (CGL)

Project Insurance Level B C

Minimum Limits

a. Combined Single Limit (CSL) 1,000,000 1,000,000

b. Policy Aggregate (If any) 2,000,000 3,000,000

c. Project Aggregate (If any) 2,000,000 3,000,000

d. Total Coverage Limit 5,000,000 10,000,000

(Primary plus Excess Coverage)

The coverage to be provided under this policy shall be at least as broad as that provided by the standard basic, unamended, and unendorsed comprehensive general liability coverage forms currently in use in the State, which shall not be circumscribed by an endorcement limiting the breath of coverage. Moreover, such policy shall be endorced so as to delete any exclusions applying to property damage liability arising from explosions or arising from damage to underground utilities and collapse of foundations.

The insurance policy shall be endorced to include contractual liability coverage, premises/operations coverage, products/completed operations coverage, broad form property damage coverage, independent contractors coverage, and personal injury coverage.

The minimum total coverage limit required may be provided by a primary policy or by a combination of primary and excess or umbrella coverage.

Excess coverage or umbrella coverage shall include the same terms and conditions as the primary underlying coverage (following form) in an amount such that the primary and umbrella coverage together total equals or is greater than the minimum required. Said excess or umbrella policy shall contain a clause stating that it takes effect (drops down) in the event the primary coverage is impaired or exhausted.

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2. Comprehensive Automobile Liability

Project Insurance Level B C

Minimum Limits

a. Combined Single Limit (CSL) 1,000,000 1,000,000

b. Total Coverage Limit 5,000,000 10,000,000

(Primary plus Excess Coverage)

The Policy shall cover owned, Non-owned and Hired vehicles.

The minimum total coverage limit required may be provided by a primary policy or by a combination of primary and excess or umbrella coverage.

Excess coverage or umbrella coverage shall include the same terms and conditions as the primary underlying coverage (following form) in an amount such that the primary and umbrella coverage together total equals or is greater than the minimum required. Said excess or umbrella policy shall contain a clause stating that it takes effect (drops down) in the event the primary coverage is impaired or exhausted.

3. Workers Compensation and Employer’s Liability

a. Coverage A New Jersey Statutory

b. Coverage B Each Accident 1,000,000

Disease, Policy Limit 1,000,000 Disease, Each Employee 1,000,000

Workers Compensation Insurance shall be provided according to the requirements of the laws and this State and shall include in all states endorcement to extend coverage to any state that may be interpreted to have legal jurisdiction.

The CONTRACTOR’s shall assume complete liability for any sub-contractor.

MEANS AND METHODS: (Sec. G.09) Unless otherwise expressly provided in the Contract Documents, the means and methods of performance of the Work shall be such as the Contractor may choose; subject, however, to the Owner's right to reject means and methods proposed by the Contractor which will not produce finished work in accord with the terms of the Contract.

The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the injury or loss to all employees on the Work and other persons who may be affected thereby, to all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and to other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities.

The Owner's approval of the Contractor's means or methods or its failure to exercise its right to reject such means and methods, shall not relieve the Contractor of its obligation to accomplish the result intended by the Contract; nor shall the exercise or failure to exercise such right to reject create a cause of action for damages.

The Contractor shall be solely responsible for means, methods, or both actually used.

ASSIGNMENT OF CONTRACT: (Sec. G.10) The Contractor or its qualified and designated representative shall give their personal attention constantly to the faithful performance of the Work. The Contractor shall not assign, transfer, convey or otherwise hypothecate or dispose of this Contract, or of the Contractor's legal right, title or interest in or to the same or to any part thereof, without the previous approval of the Owner. Such approval, if given, will not in any way relieve the Contractor of its obligations under the Contract.

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PATENTS: (Sec. G.11) The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is subject to patent rights or copyrights held by others.

The Contractor shall indemnify and save harmless the Authority and its officers and agents from all damages, judgments, claims and expenses arising from the infringement of any letters patent, patent right, copyright, trademark or other intellectual property right of another, or because of any royalty, fee or license for the use, arrangement or operation of tools, machinery, appliances, materials, devices, process or processes which may be used or furnished by Contractor in fulfillment of this Contract. In the event any claim is made or legal action commenced on account of such intellectual property or fees, it is agreed that the Owner may retain out of the moneys which are or may become due the Contractor under the Contract, a sum of money sufficient to protect itself against loss, and to retain the same until said claims are paid or are satisfactorily adjusted.

ACCIDENTS AND CLAIMS TO BE GUARDED AGAINST: (Sec. G.12) The Contractor shall be responsible for and shall exercise a safety program and all precautions for the safety of the public and of employees on the Work, and shall comply with all applicable provisions of Federal, State and local safety laws. All machinery and other physical hazards shall be guarded in accordance with safety codes approved by the American National Standards Institute unless such codes are incompatible with applicable laws or regulations.

The Contractor will erect and maintain on the Work such strong and suitable barriers, lights and flashing amber lights as will effectively prevent accident to life, limb or property in consequence of said Work, or in use or occupancy of street, alley, highway or public or private grounds. Lights shall be maintained between the hours of sunset and sunrise. All loss or damage to the Work arising from fires, floods, storms or other natural causes or from any detention, obstruction, theft, vandalism or other difficulties which may be encountered in the prosecution of the Work shall be borne by the Contractor.

Regardless of whether or not the Contractor uses any, all or none of the Authority's equipment, the Contractor shall be and shall remain solely and fully responsible to ensure all Work is performed safely and without endangering personnel in any way and shall indemnify and hold the Owner harmless from and against any and all claims which may relate, in any way, to the use of the Authority equipment.

The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). These regulations are administered by the Department of Labor and Industry, and the Contractor must allow that Department access to the project for inspection, etc.

The duty of the Engineer, the Owner and its employees to conduct inspections of the Contractor's performance is not intended to include a review of the adequacy of Contractor's safety measures in, on or near the Work.

STATEMENT OF QUANTITIES: (Sec. G.13) The quantities of the work to be done and the materials to be furnished under this Contract are estimations only; given in the Proposal for use solely as a uniform basis for comparing Proposals and for determining the amount of the Contractor's Bond. The Owner shall not be held responsible if any of said quantities are found incorrect or omitted, and the Contractor shall not make any claim for damages or for loss of profits or for an extension of time because of a difference between the quantities of the various classes of work as estimated and the work actually performed.

The quantities of the various classes of work on which payments will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor and accepted by the Owner as being satisfactorily completed in accordance with the requirements of the Contract Documents.

MATERIALS AND WORK: (Sec. G.14) All materials furnished shall be as specified and required, or in the absence of particular specification, shall be the best of their respective kinds, of new stock, unused and not deteriorated. All the work contemplated and described shall conform with the requirements of the Contract Documents and be free from defects not inherent in the quality required or permitted

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Wherever the Contract Documents describe materials, devices, or equipment as those which shall be similar or equal to certain materials, devices or equipment designated by trade or manufacturer's name, the Contractor will be required to demonstrate to the satisfaction of the Engineer that the materials, devices or equipment he proposes to furnish are equal to or better than those designated and suitable for the same purpose as intended in the Contract.

DEFECTIVE WORK OR MATERIALS: (Sec. G.15) If equipment or other materials installed or used by the Contractor should be discovered which do not comply with the Contract Documents, such equipment or materials shall be removed from the site when notified to do so by a written notice from the Owner and shall be replaced at the Contractor's expense within seven (7) days of such notice. Items of the Work condemned by the Owner as unsuitable shall be removed and replaced, or otherwise remedied, as the Owner may direct, without cost to the Owner.

INTERPRETATION OF CONTRACT AS TO LIMITATIONS OF WORK: (Sec. G.16) Should it be deemed necessary to make any variation in the Work, which variations increase or decrease the quantities of the work specified, or change the location thereof to an extent not unreasonably affecting the conditions of the Work, and further interpreted by the Owner as involving no classes of work other than those called for by the Contract, the Contractor shall, upon written order from the Owner, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall thereby accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of such increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the Contract Prices for the work involved. Where additional work required by the Owner is not covered by Contract Prices, the additional work shall be performed in accordance with a subsidiary agreement between the parties, executed before the additional work is started.

OTHER CONTRACTS: (Sec. G.17) In case the Contractor, by its own acts or the acts of any person or persons in its employ, shall unnecessarily delay, in the opinion of the Owner, the work of the Owner or other contractors, by not properly cooperating with them, or by not affording them sufficient opportunity or facility to perform work as may be required, the Contractor shall, in that case, pay all costs and expenses incurred by such parties due to any such delays, and the Contractor hereby authorizes the Owner to deduct the amount of such cost and expenses from any moneys due or to become due the Contractor under this Contract. Nothing contained in this paragraph shall, however, relieve said Contractor from liability or damage resulting to the Owner on account of such delay or delays.

SUSPENSION OF WORK: (Sec. G.18) The Owner shall have the right to suspend the whole or any part of the Work to be done under the Contract when, in the opinion of said Owner, the Contractor is not doing the Work in accordance with the provisions of the Contract Documents.

FORFEITURE OF CONTRACT: (Sec. G.19) The Owner, at any time prior to the date of the acceptance of the Work, may declare the whole or any part of the same forfeited: (1) for the violation of any of the conditions, terms, requirements or limitations herein contained; (2) if the performance of the Contract is unnecessarily or unreasonably delayed; (3) if any part or parts of the Work be not fully completed within the time fixed for their completion; or (4) if the Contractor shall fail or refuse to remedy or repair defective work or materials when so ordered as herein provided. If the Owner shall declare the said Contract forfeited, in the whole or in any particular, such declaration shall in no way relieve or affect the liability of the Contractor and its sureties for breach of said Contract.

COMPLETION OF CONTRACT BY THE OWNER: (Sec. G.20) If the Work shall be abandoned by the Contractor, or if the Contract shall be assigned or the Work sublet, or if the Owner declares the Contract forfeited, the Owner may notify the Contractor to discontinue all work or any part thereof, or may notify the said Contractor to remedy or correct the conditions or breaches enumerated by a written Notice. In the event that the Work is ordered discontinued as herein provided, or in the case that the said conditions or breaches are

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PAYMENTS: (Sec. G.21) Payment will be made for services rendered and materials furnished, delivered and installed, at the Prices bid in the Proposal, within 45 days after receipt by the Owner of reports as required by Section 02090 properly executed vouchers and evidence that the work included in the vouchers has been satisfactorily completed.

The Prices bid shall include all claims for loss and damage arising out of the nature of the Work, and from the action of the elements or from any unforeseen obstruction or difficulty encountered in the prosecution of the Work, and for all expense incurred by or in consequence of the suspension or discontinuance of the Work.

CONTRACTOR'S CLAIMS: (Sec. G.22) If the Contractor shall claim compensation for damages sustained by reason of the acts of the Owner or its agents, Contractor shall, within 7 days after the sustaining of such damage, make a written statement to the Owner of the nature and the amount of the damage sustained.

Should the Contractor consider itself entitled to extra compensation on account of alterations or changes ordered by the Owner, the Contractor shall make its claim in writing to the Owner before proceeding with the work in question and shall be entitled to compensation for such work only if authorized in writing by the Authority to proceed. The Contractor’s decision to proceed with the said work in compliance with the order of the Owner shall be construed as its acceptance of the order and of the stipulated compensation for the said work.

SUBLETTING (SEC. G.23) The Contractor shall not sublet any part of the Work.

LIQUIDATED DAMAGES: (Sec. G.24) It is mutually agreed by and between the parties hereto that time is an essential part of the Contract. It is agreed by and between the parties hereto that inasmuch as expenses and inconvenience and other damages will be sustained by the Owner in event that said Contractor fails to complete maintenance, calibrations and repairs within the time set forth, some of which expenses, inconveniences and damages are indefinite and in some cases, unsusceptible to easy proof, the sum per day specified in the Contract shall be considered as liquidated damages and not as a penalty, and shall become due to the Owner as payment for expenses and damages sustained as a result of the failure of said Contractor to complete the Work as herein specified. Moreover, the Owner may retain as liquidated damages all such monies that are or that may become due the Contractor.

CONDITION OF MULTIYEAR CONTRACT: (Sec. G.25) Pursuant to N.J.S.A. 40A:11-15, the Authority's obligations under this Contract which extended beyond the Authority's fiscal year, are subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation.

[END OF GENERAL PROVISIONS]