Carpentry_specs.pdf

TABLE OF CONTENTS

Carpentry Services

PREVAILING WAGE

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The City of Newark acting through its Department of Public Buildings is seeking bids from qualified, responsible Carpentry contractor (s) who customarily perform services to provide all labor, tools, equipment, supplies, materials, transportation, staging, trucking, and supervision necessary for on-call installation, repair, remedy, replacements, and/or renewals on an on-call basis in City-owned public buildings, included but not limited to municipal buildings.

SCOPE OF WORK

Provide all labor, tools, equipment, supplies, materials, transportation, staging, trucking, and supervision and all other things necessary for maintenance and repair of the carpentry for any public building or public building system or equipment as directed by the City of Newark, Manager of Public Buildings, or its designee, ( “ACR”, “Authorized City Representative”) in accordance with the requirements and needs.

A. 1) General Requirements Contractor (s) shall furnish all labor, tools, equipment, supplies, materials, transportation, staging, trucking, and supervision as required for work in all buildings in accordance with all specifications for awarded work.

The contractor (s) shall obtain all permits, inspections, licenses, and certificates required for work. All work shall be performed in strict conformity with all laws, regulations, and ordinances of the federal, state, and municipal governments and all departments and bureaus thereof having jurisdiction. All permit fees for local permits issued by the City of Newark for work under the contemplated contract shall be waived. All work shall be authorized by the City of Newark, the

Manager of Public Buildings, or its designee, through the issuance of a work order. Work under a specific work order shall begin and end upon the recording by a representative of the ACR of the arrival and departure time of the contractor (s) at the job site. It shall be incumbent upon the contractor to notify the ACR of their arrival at and departure from the job site. A copy of the service report (including date of work, start time and finish time, name(s) of the person(s) performing work and time each person worked, a brief description of the work, name, and number of parts repaired or replaced, and recommendations or comments pertaining to the condition or operation of the equipment) shall be tendered to the Department of Public Buildings upon the completion of the work. For repair and maintenance work, all parts and/or materials used are to be exact duplicates, or an approved substitute of the original used and/or specified by the manufacturer of the equipment and agreed to by ACR, and in every case, guaranteed as per manufacturer’s specification(s). All materials and equipment supplied by the contractor (s) must be free of any defects.

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Invoicing for all work must be done at per job and must be accompanied by copies of original bills for material used. Invoices must indicate separate charges for labor and materials and material charges must be itemized. The contractor may only invoice for parts that have been furnished and installed; parts on order shall not be billed prior to installation. All invoices shall reference the relevant work order number for the authorized work The City reserves the right to audit vouchers for material to determine proper pricing.

Purchases made by the City are exempt from state sales tax and federal excise taxes and materials invoiced to the City must exclude such taxes. Tax exemption certificates will be furnished upon request.

All workmanship by the successful bidder shall be guaranteed against failure or defects during normal use for a period of one (1) year from the date of completion of the work. All materials and parts supplied by the successful bidder will have the standard manufacturers’ warranties.

Contractor(s) shall provide all equipment warranty documentation to the City. Any defective materials, equipment, or parts supplied by the contractor shall be replaced at no cost to the City.

The Contractor (s) will sign in at the front office of each public building and shall notify the public building custodian prior to performing work during normal work hours. After hours, the contractor will be given directions from the ACR on building procedures as needed.

The contractor (s) shall keep all exterior doors locked and not propped ajar or dogged open. Any property damaged by the Contractor in carrying out the provisions of this contract shall be restored to its original condition by and at the expense of the Contractor (s).

The ACR shall hold the Contractor(s) responsible for any property that is lost or stolen during the execution of the work. The Contractor(s) shall prohibit its employees from smoking or vaping or under the influence of drugs or alcohol while providing services and shall be held responsible for any damage caused by its employees. All materials, supplies, tools, ladders, and debris shall be cleared away or cleaned up as appropriate immediately upon ending work for a day and when finishing a work project, and all such things shall be removed from the building, leaving the premises in a swept-clean condition. The City of Newark will NOT be providing laborer or custodial services to the Contractor(s). The contractor(s) is to be mindful of building occupants and must keep occupied work areas clear and free from hazards.

A Contractor (s) may employ for his own use the available electrical and water services in a public building or public facility, if any, in order to perform the work. A contractor (s) shall be held responsible for all damages to such services or equipment, or damage caused by such services if such damage were by reason of his or his subcontractors’ use of such services or equipment.

So as to be able to readily respond to assignments, the Contractor (s) shall have a physical shop or office within 25 miles of 920 Broad Street Newark, New Jersey "

GENERAL CONDITIONS

FAMILIARITY WITH WORK

It is the obligation of the bidder to ascertain for himself all the facts concerning conditions to be found at the location of the project including all physical characteristics above the surface of the ground, to fully examine the plans and read the specifications, to consider fully these and other matters which can in any way affect the work under the contract and to make the necessary investigations relating thereto, and he agrees to this obligation in the signing of the Contract. The

City of Newark assumes no responsibility whatsoever with respect to ascertaining for the

Contractor (s) such facts concerning the physical characteristics project site.

The Contractor (s) agrees that he will make no claim for additional payment or extension of time for completion of the work or any other concession because of any misinterpretation or misunderstanding of the Contract Scope of Work, on their part, or of any failure to fully acquaint themselves with all conditions relating to the work.

There shall be no change or alterations in the work to be performed as outlined in these specifications, except only on the written approval from the Director and or his designee.

PROTECTION OF EXISTING UTILTIES AND FACILITIES

The contractor shall take extreme care to prevent damage to the underground and above-ground utility lines, sewers, trees, lawns, shrubbery, and buildings. Any damage to said shall be repaired or replaced by the Contractor, at his expense, to the satisfaction of the City of Newark’s designated representative.

No trees shall be removed or branches cut without permission of the City of Newark’s designated representative. Temporary barricades shall be constructed and other precautions shall be taken by the Contractor to protect all trees and plantings in the work areas, to the satisfaction of the City of

Newark and its designated representative.

PROGRESS SCHEDULE

Within ten days after the execution of any task issued under this agreement, the Contractor shall file a schedule of operations with the City of Newark and or its designated representative. The schedule shall be made the basis of operations. If at any time, in the opinion of the City of Newark and or its designated representative, the schedule progress is not being maintained, amendments shall be made to the schedule of operations, and correspondingly to the Contractor’s workforce, to maintain the progress of the work. Such changes shall be subject to the approval of the City of

Newark and or its designated representative, but such action by the City of Newark or the failure to act shall not relieve the Contractor of any responsibility under this contract.

CONTRACT DRAWINGS

Where necessary, the Contractor shall be furnished with three completed sets of Contract Drawings and Specifications by the City of Newark upon award of the Contract. Extra sets of same, as requested by the Contractor (s), shall be furnished at cost.

The Contract Drawings do not show all the details of the work and are intended only to illustrate the character and extent of the work to be performed. Accordingly, they may be supplemented during the performance of the work by the Engineer, or by the Contractor (s) subject to the approval from the City of Newark and or its designated representative, to the extent necessary to further illustrate the work.

The Contractor (s) shall abide by and comply with the true intent and meaning of the Contract

Drawings and specifications taken as a whole, and shall not avail himself of any unintentional error or omission, should any occur.

Any work shown on the Contract Drawings, even if not particularly described in the specifications, or vice versa, which is necessary and usually provided for the complete finished work, unless expressly excluded, shall be done by the Contractor (s) as if it were both shown and specified.

Nothing in the Contract Drawings is intended as a representation of the existence or nature of any conditions or materials except to the extent that said drawings expressly provide otherwise. An indication on the Contract Drawings of the existence or nature of any condition or materials does not constitute a representation that no other conditions or materials exist in addition to those shown, even the same location; nor does the absence of any indication on said drawings of the existing or nature of any conditions or materials constitute a representation that a particular condition or type of material does not exist.

The Contractor (s) shall be responsible for determining the exact location and extent of subsurface utilities, structures, conditions, or materials.

ERRORS AND DISCREPANCIES

If, in the performance of the Contract, the Contractor discovers any errors or omissions in the

Contract Drawings or specifications, or in the marks, line and elevations furnished by the City of

Newark or in the construction undertaken and executed by him, he shall immediately notify the

City of Newark and or its designated representative who shall promptly verify the same. If with the knowledge of such error or omission and prior to the correction thereof, the Contractor (s) proceeds with any construction affected thereby, he shall do so at his own risk and the construction so done shall not be considered as construction done under and in performance of this Contract unless and until approved and accepted.

SHOP DRAWINGS AND CATALOG CUT

The Contractor (s) shall prepare all shop drawing submittals which may be required in addition to the Contract Drawings or in addition to any other drawings which the City of Newark and or its designated representative may issue as a supplement to the Contract Drawings.

The specific requirements elsewhere set forth in the specification for furnishing shop drawings for any particular portion of the Contract shall not limit the obligation of the Contractor (s) to furnish shop drawings for any other portion when so required by the City. In preparing the shop drawings, the Contractor (s) may adopt a sheet of any reasonable size which best suits his needs, but having adopted such size, all sheets thereafter of a similar nature shall be of that same size as that adopted.

Each drawing shall have a margin on the top, bottom and right-hand side of one-half inch and on the left-hand side, a margin of one and one-half inches.

Before using any shop drawings, the Contractor (s) shall submit six prints thereof (or more if requested) for the approval of the City of Newark and or its designated representative. Within ten working days after receipt of the prints, the City shall approve the same or required corrections or additions to be made thereon. If additions or corrections are required, the City of Newark and or its designated representative shall return within the ten-day period one of the six prints submitted and the Contractor (s) shall make the corrections or additions shown thereon to be made. He shall resubmit six prints showing the drawing corrected as required. Each drawing shall be corrected as required until approval from the City of Newark is obtained. After each resubmission, the Engineer shall have a similar period of ten days in which to approve the corrections.

As soon as approval has been given to any shop drawing, the Contractor (s) shall, within five days, send to the City of Newark and or its designated representative six prints, except that when the

City specifically so directs, more prints shall be sent. After approval thereof, no change will be permitted thereon unless approved in writing by the City of Newark.

Before final payment for the work is made, the Contractor (s) shall furnish to the City one set of shop drawings, all clearly revised, completed, and brought up to date, showing the permanent construction as made. These shop drawings shall be drawn in pencil on a set of paper prints.

The Contractor (s) shall prepare and furnish to the City in duplicate, prints showing in detail all plant and equipment which he intends to use at the construction site.

The Contractor shall furnish catalog cuts where specifically required by the specifications, and for other items where the City may deem them necessary. The catalog cuts shall be submitted for approval, and six copies shall be furnished to the City within ten days after the date of such approval.

Approval of drawings or catalog cuts that are inconsistent with the requirements of the Contract

Drawings and specifications shall not be deemed to waive or change such requirements or to relieve the Contractor of his obligation to perform such requirements unless the City of Newark shall expressly and specifically state that he is waiving or changing such requirements.

The Contractor (s) shall fill in the dates on which he will furnish such shop drawings and catalog cuts in the progress schedule furnished in accordance with the clause hereof entitled “Progress

Schedule”.

All drawings, data, and other papers of any type whatsoever, whether in the form of writing, figured or delineations which are prepared in connection with this Contract and submitted to the

City’s designated representative shall become the property of the City of Newark, except to the extent that rights are reserved to other under valid patents for which the City of Newark is not given a license. Under the provisions of the clause entitled “Workmanship and Materials”, the City of Newark shall have the non-exclusive right to use or permit the use of all such drawings, data, and other papers and any ideas or methods represented thereby for any purpose and at any time without additional compensation. No such papers shall be deemed to have been given in confidence.

Any statement or legend to the contrary in connection with such drawings, data, or other papers and in conflict with the provisions of this paragraph shall be void and of no effect.

Upon completion of the work, the Contractor (s) shall deliver to the City one complete set of prints upon which is indicated any deviation that the actual construction has taken from the original drawings. Both the vertical and horizontal center line alignment of all utilities shall be shown. The location of all structures and appurtenances shall be shown. All change orders shall be indicated.

APPROVALS BY ENGINEER

Any approval by the City’s designated representative for any materials, workmanship, plant, equipment, drawings, program, methods of procedure, or of any other act or thing done or furnished or proposed by the Contractor (s) to be done or furnished in connection with the performance of the Contract shall be construed merely to mean that, at that time, the City’s designated representative knows of no good reason for objecting thereto; and no such approval shall release the Contractor (s) from his full responsibility for the accurate and complete performance of the Contract in accordance with the Contract Drawings and specifications or from any duty, obligation or liability imposed upon him by the Contract or from responsibility for injuries to persons or damage to property.

UTILITY SERVICES

The Contractor (s) shall make arrangements for securing, at his own expense, any heat, light, power, water and other services which may be required for the performance of the Contract.

JOB MEETINGS

All Contractors, and any subcontractors, materialmen or vendors whose presence is necessary, shall attend job meetings when called by the City’s designated representative for the purpose of discussing the execution of the work unless excused in writing by the City’s designated representative.

Meetings will be held only as often as required by the progress of the work and at a time and place designated by the City’s designated representative. All decisions, instructions and interpretations given by the City of Newark and or its designated representative at these meetings shall be binding and conclusive on each Contractor (s). The proceedings of their meetings will be recorded by the

City of Newark and or its designated representative and each Contractor (s) will be furnished a reasonable number of copies for his use and distribution to the various subcontractors, materialmen and vendors involved.

INSPECTIONS AND REJECTIONS

All construction, processes of manufacture, and methods of construction shall be at all times and places subject to the inspection from the City of Newark, acting personally or through his

Inspectors. The City of Newark and or its designated representative shall be the judge of the quality and suitability of the construction, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet the City of Newark’s (or their

Inspector’s) approval, they shall immediately be reconstructed, made good, replaced, or corrected as the case may be, by the Contractor (s) at his own expense. Rejected material shall be removed immediately from the site.

The fact that the Inspectors have accepted the material and workmanship shall not relieve the

Contractor (s) from his obligation to supply other material and workmanship when so ordered by the City’s designated representative.

The Contractor (s), at his own expense, shall furnish such facilities and give such assistance for inspection as the City’s designated representative may direct. In the case of materials required by the specification to be inspected at the work site, and in the case of any other items which the

City’s designated representative may designate, the Contractor (s) shall secure for the City’s designated representative and his Inspectors free access to all parts of the work site. Moreover, in the case of such materials to be inspected, the Contractor (s) shall give at least ten days’ notice to the City’s designated representative of his intention to commence the manufacture or preparation of such materials. Other than the materials and equipment specifically required to be inspected at the manufacturer’s factory or plant (if applicable), all materials will be inspected at the project construction site and any portions thereof which are rejected by the City’s designated representative shall be immediately removed from the project construction site by the Contractor

(s) and shall be replaced with new materials by the Contractor (s) at his own expense.

In the case of materials to be inspected at the construction site, the Contractor (s) shall submit a list of all such materials in triplicate to the City’s designated representative for his approval prior to ordering same. The list shall be submitted within forty-five calendar days after receipt of the notice of acceptance and shall contain the following information:

(a) In the case of fabricated materials for which shop drawings are to be prepared, a brief description of the material and the statement “see working drawings.”

(B) In the case of material or equipment listed in manufacturer’s catalogs, the list shall contain the vendor’s name, the manufacturer’s name, brand name, style designation, catalog number, and where the specifications require catalog cuts, the statement “see catalog cut.”

(c) In the case of material or equipment for which shop drawings are not to be prepared, and which are not listed in any catalog, the list shall contain a complete description of the material or equipment, which shall be in sufficient detail to describe completely the material or equipment and quality thereof.

Within ten working days after receipt of said list, the Engineer shall notify the Contractor (s) of which items are approved and which are disapproved. Within two working days thereafter, the

Contractor (s) shall resubmit a new list covering those items that were disapproved. After each such re-submission, the City’s designated representative shall have a similar period of ten days in which to approve or disapprove.

Should material or equipment be delivered to the project construction site, without having been placed on the aforementioned list and approved, it shall be immediately removed from the site by the Contractor (s) at his own expense.

Any required physical tests of materials will be determined by the Owner unless otherwise specified. The Contractor (s) shall furnish test pieces and samples in the number, shape, size and finish required. Tests will be performed in accordance with the standard methods approved by the

American Society for Testing and Materials (unless another test is specifically called for the material involved). Testing shall be performed by a testing laboratory selected by the City’s designated representative and paid for by the Contractor (s).

MAUFACTURER’S CERTIFICATION

Where materials and equipment are required by this specification to conform to certain standard or tentative specifications or requirements of any organizations, including the American Society for Testing and Materials, American Standards Associate, Association Rules for Grading Lumber, Federal Specifications, National Electrical Manufacturers’ Association, American Association of

State Highway Officials, American Water Works Association and the International Municipal

Signal Association, the Contractor (s) shall furnish to the City of Newark the manufacturer’s written certification that each of the materials or equipment conforms to the foregoing standard or tentative specifications. The certification shall be delivered to the City of Newark prior to the installation of the materials to which it refers. Such certifications shall not be binding or conclusive on the City and may be rejected at any time by the Engineer if incorrect, improper, or otherwise unsatisfactory in his opinion.

COORDINATION AND SPACE ALLOCATION

During the time that the Contractor (s) is performing the Contract, other persons may be engaged in other operations on or about the project construction site. These other operations may include but not be limited to building construction, electrical construction, mechanical installations, plumbing, earthwork, paving, and utility installation.

The Contractor (s) shall so plan and conduct his operations as to work in harmony with others engaged at the project construction site and not to delay, endanger or interfere with the operations of others (whether or not specifically mentioned above), all to the best interests of the City of

Newark, and as may be directed by the Engineer.

All contractors engaged in simultaneous operations at the project construction site must cooperate in arranging for the storage of materials and equipment. Should a dispute as to the availability and/or allocation of space arise, the City’s designated representative’s decision shall be final and binding on the parties to the dispute. The Contractors will be permitted to use only so much of the area as the City of Newark deems reasonable.

LAWS, ORDINANCES AND PERMITS

The Contractor (s) shall comply with all provisions of federal, State, and municipal laws, ordinances, rules, regulations, and orders applicable to the Contract and the performance thereof and those engaged therein, except where stricter requirements are contained in the specifications or Contract Drawings. The contractor (s) shall obtain all permits and approvals required for the work. All permits or licenses shall be paid for by the Contractor (s).

OPERATING AND MAINTENANCE INSTRUCTION MANUALS

Printed instructions covering the operation and maintenance of each item of equipment furnished under the specifications shall be prepared and bound into book form by the Contractor (s) and submitted for approval to the City’s designated representative. The manual shall also include one copy of each and every shop drawing and catalog cut.

CONTRACTOR’S REPRESENTATIVE

During the performance of any work at the project construction site, the Contractor (s) shall have a representative present, capable of speaking and writing fluently in the English language and authorized by the Contractor (s) to receive and put into effect promptly all orders, directions, and instructions from the City’s designated representative. The Contractor’s representative shall be provided, at all times, with a copy of this Contract and a set of the Contract Drawings.

Orders and directions may be given orally by the City’s designated representative and shall be received and promptly obeyed by the Contractor (s) or his representative or any superintendent, foreman or other employees of the Contractor (s) who may have charge of the particular part of the work in relation to which the order or directions are given. A written confirmation of such orders or directions will be given by the City’s designated representative when so requested by the

Contractor.

EXISTING UTILITIES

It shall be the duty of each contractor who performs construction work on the project:

a) To ascertain the location and type of utility lines on the project site by notifying all companies of intent to perform work at least three days prior to day of beginning such work.

b) To inform each operator and all workmen employed by him at the site of such work of the information obtained by him concerning the location of utilities.

c) To report immediately to the Department or City of Newark any break or leak in its lines, or any dent, gouge, groove or other damage to such lines or to their coating or cathodic protection, made or discovered in the course of the excavation or demolition work.

USE OF PREMISES AND REMOVAL OF DEBRIS

The Contractor (s) expressly undertakes at his own expense:

a) to take every precaution against injuries to persons or damage to property;

b) to store his apparatus, materials, supplies, and equipment in such an orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors.

c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work;

d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of work shall be presented in a neat, orderly, and workmanlike appearance;

e) before final payment to remove all surplus material, false-work temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition;

f) to effect all cutting, fitting, or patching of his work required to make the same to conform to the

Contract Drawings and specifications and, except with the consent of the City’s designated representative, not to cut or otherwise alter the work of any other contractor.

g) the Contractor (s) assumes the obligation to hold harmless the City of Newark and to indemnify the City from every expense, liability, or payment arising out of or through injury to any person or damage to property arising out of the construction of the project.

MONTHLY PAYMENT REQUESTS

Once each month, on a day to be specified, the Contractor shall estimate and certify to the City of

Newark the approximate amount of work performed and compensation earned by the Contractor up to that time showing:

The amount of work (other than Extra Work) performed by the Contractor up to that time and a sum bearing the same proportion to the Estimated Total Work as the work performed (other than

Extra Work) bears to the total amount of such work performed and to be performed (Other thank

Extra Work).

The City will, within ten days after receipt of each application for payment, either process the application for payment or return the application to the Contractor indicating in writing his reason for refusing to approve the payment. In the latter case, the Contractor (s) may make the necessary corrections and resubmit the application.

The Contractor’s submission of an application for payment will constitute a representation by him to the City of Newark, that the work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract

Documents (subject to an evaluation of the work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that Contractor (s) is entitled to payment of the amount approved. However, by approving any such payment the City of Newark will not thereby be deemed to have represented that they made exhaustive or continuous on-site inspections to check the quality or the quantity of the work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction, or that he has made any examination to ascertain how or for what purpose Contractor has used the monies paid or to be paid to him on account of the

Contract Price, or that title to any work, materials or equipment has passed to the City free and clear of any liens.

The City may refuse to approve the whole or any part of any payment if, in their opinion, it would be incorrect to make such representations. The City may also refuse to approve any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect themselves from loss because:

(1) the work is defective, or completed work has been damaged requiring correction or replacement,

(2) claims or liens have been filed or there is reasonable cause to believe such may be filed,

(3) the Contractor (s) price or scope has been reduced because of modifications,

(4) the City has been required to correct defective work or complete the work,

(5) of unsatisfactory prosecution of the work, including failure to furnish acceptable submittals or to clean up.

No payment shall be made for materials purchased or stored on the site and not incorporated in completed construction.

WORKMANSHIP AND MATERIALS

Wherever on the Contract Drawings or in the specification a particular brand or make of material or equipment is shown or specified (and whether or not with the words “or approved equal”, “similar and equal or a word of similar nature), any other brand or make which, in the sole opinion of the Purchasing Agent upon a recommendation from the City’s designated representative, is equal to that shown or specified may be substituted (except where specifically stated otherwise), but only after being submitted to and expressly approved by the Purchasing Agent upon a recommendation from the City’s designated representative. Notwithstanding such approval, however, the Contractor assumes the risk that such other brand or make is not equal to that shown or specified and if at any time the substitute shall appear not to be so equal, he shall replace the substitute and reimburse the City of Newark for any loss occurring on account of the substitute failing to be so equal. Such submission to the City shall be made only by including the requested substitution in the list of materials required to be submitted to the City’s designated representative in accordance with the clause hereof entitled “Inspections and Rejections” within twenty calendar days after receipt of the acceptance of the Contractor’s proposal, Any such submission shall not imply, or impose on the City of Newark, any obligation whatsoever to discuss, disclose, or justify the reasons for his opinion, approval, acceptance or rejection. Furthermore, the acceptance of any other brand or make shall not in any way entitle the Contractor (s) to additional compensation, but the City may make such reduction in the Contractor’s compensation as may be equitably warranted because of such acceptance in lieu of the standard.

All inventions, ideas, designs, and methods contained in the Contract Drawings and specifications in which the Engineer has or may acquire patent, copyright or other property rights are hereby expressly reserved for the exclusive use of the City of Newark. The Contract Drawings and specifications contain confidential information which is disclosed only to enable this Contract to be performed. Said Contract Drawings and specifications must not be used for any purpose detrimental to the interest of the City of Newark and must not be reproduced or copied in whole or in part or used for furnishing information to others without the written consents of the City provided, however, that the Contractor may, when the performance of the Contract so requires, furnish said information to others, to engage or inform, such as the subcontractors.

If, in accordance with this Contract, the Contractor (s) furnished research, development or consultative services in connection with the performance of the Contract and if in the course of such research, development, or consultation patentable subject matter is produced by the

Contractor (s), its officers, agents, employees or subcontractors, the City of Newark shall have, without cost or expense to same, an irrevocable non-exclusive, royalty-free license to make, have made, and use, either itself or by anyone on its behalf, such subject matter in connection with any activity now or hereafter engaged in or permitted by the City of Newark. Promptly upon request by the City’s designated representative, the Contractor shall furnish or obtain from the appropriate person a form of license satisfactory to the City of Newark, but as between the Contractor (s) and the City of Newark, the license herein provided for shall nevertheless arise for the benefit of the

City of Newark immediately upon the production of said subject matter and shall not await formal exemplification in a written license agreement as provided for above.

The right to use all patented material, compositions of matter, manufactures, apparatus, appliances, processes of manufacture, or types of construction required in connection with this Contract shall be obtained by the Contractor (s) without separate or additional compensation whether the same it's patented before, during or after the performance of the Contract.

SAFETY AND SANITARY PROVISIONS

In the performance of the Contract, the Contractor (s) shall exercise every precaution to prevent injury to persons or property damage. He shall, at his own expense, place such watchmen, design and erect such barricades, fences, and railings, give such warnings, display such lights, signals, and signs, exercise such precaution against fire, adopt and enforce such rules and regulations, and take such other precautions as may be necessary, desirable or proper, or as may be directed.

All reasonable precautions for fire prevention shall be exercised during the performance of the

Contract. An adequate approved system for promptly extinguishing fires shall be provided at all times. Fire alarm signals, equipment, and water lines shall be continually inspected, accessible, and ready for instant use.

During the progress of the Contract, the Contractor (s) shall provide and maintain at all times in a neat and sanitary condition such toilet accommodations for the use of his employees as are necessary or as may be directed.

The Contractor (s) shall use only machinery and equipment adapted to operate with the least possible noise, and shall so conduct his operations so that annoyance to occupants of nearby property and the general public will be reduced to a minimum.

All construction shall conform to the “Safety and Health Regulations for Construction: of the

Occupational Safety and Health Act.

The Contractor (s) shall, daily, clean up all refuse, rubbish, scrap materials, and debris caused by their operations, to ensure that, at all times, the project construction site shall present a neat, orderly, and workmanlike appearance. Before the Certificate of Final Completion of Work will be issued, the Contractor (s) shall remove all surplus materials, falsework, temporary fences, and other temporary structures, including foundations thereof, plant of any description, and debris of every nature resulting from his operations and shall put the construction site in neat, orderly condition.

TEMPORARY STRUCTURES

The Contractor (s) shall design, furnish, and construct all barricades, fences, staging, falsework, scaffolding, and other temporary structures required in the performance of the Contract whether or not of the type enumerated. All such temporary structures shall be of adequate strength for the purposes for which they are constructed and the Contractor (s) shall maintain them in a satisfactory condition. Although the designs for such structures are to be prepared by the Contractor (s), they shall nevertheless be submitted to the Engineer for his approval before being used. Neither such approval, however, nor any requirements of the City of Newark, the Contract Drawings and specifications shall relieve the Contractor of his responsibility for the design, construction, and use of the temporary structures or from any obligations and risks imposed on him under this Contract, and any such approval or requirements shall be deemed merely to relate to minimum standards and not to indicate that the temporary structures are adequate or that they meet the Contractor’s obligations under this Contract. Where required, such structures shall be painted with an approved dark color paint and shall be repainted whenever necessary during the period that the Contract is being performed.

Upon completion of all other work under this Contract, the temporary structures shall be removed from the project construction sit and disposed of by the Contractor (s).

SOIL BORINGS OR TEST PITS

Where data pertaining to test pits, test borings, or any like information, orally, by drawings, or in writing, are given, they are for general information only and shall not relieve any Contractor (s), from the responsibility for making such investigations as may be necessary to ensure that his bid is based on actual conditions.

OPEN EXCAVATIONS SAFETY BARRICADES

The attention of the Contractor (s) is specifically directed to the exacting requirements in connection with the protection of all excavations and for the safety of all persons. Due to the character of the work, excavations for structures will, in places, be wide and deep and the

Contractor shall be expected to keep all excavations protected at all times. He shall use suitable and adequate barricades around all openings and shall provide lights at night; warning signs shall be located where required, including “Soft Trench” signs.

Barricades shall be adequately braced. The use of intermittent plank barriers carried on “horses” will not be permitted in hazardous locations. Backfilling to the surface will be required as soon as practicable.

If the Contractor (s) fails to maintain trenches and roads in a safe and passable condition following the pipe laying (or other subsurface work) or fails to install and maintain pavement replacement over trenches, the City shall have the right to order this work done by others at the cost and expense of the Contractor (s). The Contractor (s) will be given notice of the unsatisfactory condition of the streets (or other areas) not maintained safely and passable. After such notice is submitted to the

Contractor, the City’s designated representative may order this work done and deduct the cost of same from the payment due under this Contract.

DEMOLITION

PART 1: GENERAL

1.01 WORK INCLUDED

Under this section of the Specifications, the Contractor (s) is to provide all labor, materials, and equipment required to complete all demolition work as indicated on the drawings and more clearly defined in this and/or other sections of these Specifications.

All demolition work is to be performed neatly, consistent with the best acceptable industry practices, and with full protection of adjacent construction or areas during the entire period of demolition.

Demolition work includes the removal of permanent construction materials that exist and include but are not limited to concrete, metal, masonry, wood, roofing, equipment, or materials of similar composition.

Demolition work is to include the removal of existing materials, which may interfere with the proper installation, and/or construction of new work regardless of whether noted on the Drawings or specified. Demolition work is to also include the reinstallation of any items of work, which may have to be removed temporarily, prior to demolition operations, to allow for the proper construction of new work.

1.02 QUALITY ASSURANCE

All State and local ordinances associated with demolition and disposal are to be complied with. Ordinances associated with noise or dust control related to demolition are also to be compiled with.

The Contractor (s) is to furnish and pay for all licenses and permits. He is to arrange for and make all inspections and tests required by the governing authorities and agencies having jurisdiction including the New Jersey DCA (Department of Community Affairs).

In general, demolition materials are not to be used as backfill but are to be transported and disposed of in an approved off-site disposal area.

Materials such as concrete or masonry will not be acceptable as backfill.

Storage, sale, or burning of demolished, removed, and/or discarded materials is not to be permitted on the site.

The use of explosives or flame-cutting torches is not to be permitted on this project.

PART 2: EXECUTION

The Contractor (s) is to conduct demolition work and the disposal of debris in such a manner as to ensure a minimum interference with streets, walks, and other adjacent occupied structures. He is not to obstruct occupied or used facilities. Access to existing walkways, exits, and other adjacent occupied structures is to be maintained at all times.

Demolition work is to be undertaken to completion, irrespective of whether or not it is precisely defined as to limits and quantities. If such demolition is required to complete the intended new construction, it is to be undertaken completely and without dispute.

The Contractor (s) is to review the Drawings and Specifications to determine the extent of the work. The Contractor (s) is specifically alerted to requirements for inspection of existing field conditions. The Contractor (s) is to visit and inspect the project prior to preparing his bid in order to completely familiarize himself with all field conditions, the intent of the design, and the extent of all work. After his review and inspection is complete, if the Contractor (s) has any questions regarding the extent and details of the work under this section, he is to request, in writing, clarification from the City of Newark.

Before proceeding with any work, the Contractor (s) is to confirm methods of construction, obtain all required field measurements, and verify all dimensions on the

Drawings as required.

Failure of the Contractor (s) to familiarize himself with all drawings, relating to the work, and conditions existing at the site of construction, will not relieve him of his obligation to furnish all material and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in his bid.

The Contractor is alerted to the fact that the City of Newark assumes no responsibility for the actual conditions of the areas indicated to be demolished, abandoned, and/or removed.

The Contractor (s) is cautioned that the existing facilities are to be kept in operation during the period of this Contract. The sequence of the Contractor’s demolition and removal work is to be such to ensure the uninterrupted operation of the Owner’s facilities, In cases where existing areas must not subjected to extremes of weather, the Contractor is to take all steps necessary to close and/or seal openings from adverse weather conditions.

In general, no demolition work is to begin until the Contractor (s) has provided necessary coverings, tarpaulins, temporary weather protection, or other means to ensure adequate protection, security, and stability to all existing areas, and to ensure that no water leakage or other damage occurs to any interior areas of the existing building.

Conditions existing at the time of inspection will be maintained by the City of

Newark in so far as practicable.

All materials demolished, removed, and/or discarded are to become the property of the Contractor and are to be removed from the project site to an approved off-site location unless instructions to the contrary are given to the Contractor either by Contract Drawings or by Specifications.

The Contractor (s) is to include in his project summary all costs associated with dumpsters to be used on the project site. He is to coordinate dumpster placement and removal with the

City’s designated representative. The Contractor (s) is to segregate material into recyclable and non-recyclable dumpsters where required by law.

The Contractor (s) is to promptly repair all damages caused to adjacent existing facilities by demolition operations at no cost to the City. All adjacent areas and existing facilities are to be restored to at least the condition existing prior to the start of the work unless the Drawings indicate otherwise.

Masonry and concrete, intended to be removed, are to be cut at full depth at junctures with construction indicated to remain. All such masonry and concrete are to be removed in small sections. Demolition of structural framing members is to proceed systematically from higher to lower level.

If cutting is required and/or if new openings are to be made, the Contractor (s) is to use motor-driven saws designed to cut masonry neatly using carborundum wheels or saw blades producing clean, sharp, and unchipped edges.

All new openings are to have their masonry sides patched, repaired, and made ready to a condition proper for the installation of new work.

The Contractor (s) is to provide and maintain proper shoring, bracing, or structural support to preserve stability and prevent unexpected movement, settlement, or collapse of construction being demolished and/or work to be removed and adjacent facilities to remain.

He is to strengthen or ass new supports when required during the progress of demolition.

All finish surfaces are to be workmanlike in appearance and uniform in color, Surfaces are to be straight, true, and satisfactory to the Engineer.

Upon completion of the demolition work, the City will inspect the work. No new work is to be started until the demolition work has been approved by the City’s designated representative.

All work is to be coordinated so that new work can begin immediately after the demolition work has been completed.

The Contractor (s) is to submit a schedule of proposed dates and proposed methods of operations for demolition and/or removal work to the City for review prior to the start of the work. Included in this schedule is to be the coordination for shut-off, capping, and the discontinuation of continuation of utility services, and the methods to be used for all aspects of demolition and removal work.

No demolition and/or removal work is to be undertaken until the schedules have been reviewed and approved by the City’s designated representative.

The Contractor (s) is to proceed with all work systematically. The Contractor (s) is to cut and remove all unwanted construction by the method least likely to damage adjacent work or work intended to be retained. The method of demolition and/or removal is to be such so as not to damage any portion of the work or building to be retained, or damage the structural integrity thereof.

All existing and new work is to be completely protected from damage and maintained satisfactorily during the Contractor’s operations.

The Contractor (s) is to provide adequate protection of other work during his operations to prevent damage or detrimental effects that may arise from general exposure, adverse weather, adjacent construction operations, or activities at the work location.

The Contractor (s) is to…