The State University of New Jersey PROJECT MANUAL Rutgers Writers House
The State University of New Jersey PROJECT MANUAL VOLUME 1 of 4 Rutgers Writers House Camden Campus Project Number: 3319 Date: April 29, 2014 For Bid/For Contract SMP Architects, Ltd. 1600 Walnut Street Philadelphia, PA 19103 Tel: 215-985-4410 Fax: 215-985-4430 Contact Missy M. Maxwell, AIA - e-mail: [email protected] Arnold Vicidomini, Project Manager – e-mail: avicidomini @facilities.rutgers.edu R6514/556 04/23/14 9588396.30 GC AGREEMENT, 4-23-2014 Project Name: Rutgers Writers House PAGE INTENTIONALLY LEFT BLANK PROJECT MANUAL A/E Project No. 3319 Date: March 28, 2014 Rutgers Writers House Camden, New Jersey PAGE INTENTIONALLY LEFT BLANK ARCHITECTS: SMP Architects 1600 Walnut Street 2nd Floor Philadelphia, PA 19103 Phone 215-985-4410 CIVIL ENGINEER: KS Engineers, P.C. 35 S. 3rd Street Philadelphia, PA 19106 Phone 215-925-0425 STRUCTURAL ENGINEER: Keast & Hood Company 400 Market Street Suite 1250 Philadelphia, PA 19106 Phone 215-625-0099 MECHANICAL-ELECTRICAL-PLUMBING - FIRE PROTECTION ENGINEER: Gillan & Hartmann, Inc. 345140 Whitaker Ave. Mont Clare, PA 194536 Phone 610-935-0101 ROOFING CONSULTANT Roof Maintenance Systems 5118 Hwy. 33-34, P.O. Box 67 Farmingdale, NJ 07727 Phone 732-938-7373 PAGE INTENTIONALLY LEFT BLANK TOC TABLE OF CONTENTS Volume 1 PART 1 – GENERAL REQUIREMENTS Pages Description Project Title Page Project Design Team i-v Table of Contents SW1-2 Statement of Work PC1-PC21 Project Conditions (Time, Insurance, Liquidated Damages and Special Conditions) EOD1-4 Enumeration of Drawings IB1-IB10/44 Instructions to Bidders (IB) w/ Exhibit 1 to IB - Draft Project Labor Agreement BF1-BF10 Bid Form (BF) w/ Alternates pricings pages, and Unit pricing pages E1 BF Exhibit A - Form Bid Bond E3 BF Exhibit B - Consent of Surety To Provide Payment And Performance Bond E4 BF Exhibit C - MBE/WBE Participation Plan & MBE/WBE Compliance Form E5 BF Exhibit D - Supplier Information Form E7 BF Exhibit E - Affidavit Of Outreach E8 BF Exhibit F - MBE/WBE Data Sheet (Note: The exhibits listed above together with a signed Bidder’s Project Labor Agreement Acknowledge form (pg. IB44) are to be submitted with the Bid Form.) Additional Contract Exhibits Follow: E9 Exhibit G Form Payment And Performance Bond E12 Exhibit H Mandatory Equal Employment Language For Construction Contracts (4/10) E16 Exhibit I OCIP Insurance Requirements (refer to Exhibit Y for OCIP Manual for Contractors) E28 Exhibit J AA201-Initial Project Workforce Report Construction & Instructions For Completing The Initial Project Workforce Report E30 Exhibit KA202-Monthly Project Workforce Report - Construction & Instructions For Completing The Monthly Project Workforce Report E32 Exhibit L - Form Notice Of Award Letter E33 Exhibit M - Form Notice To Proceed E34 Exhibit N - Subcontractor/Supplier Lien Waiver E35 Exhibit O - Contractor’s Partial Lien Waiver E36 Exhibit P Contractor’s Final Lien Waiver And Indemnity Agreement E37 Exhibit Q Data Collection Sheet E38 Exhibit R Change Order E39 Exhibit S Addenda (to be added at contract signing) E40 Exhibit T New Jersey Prevailing Wage Rates (to be added at contract signing) E41 Exhibit U List Of Key Personnel And Key Project Entities And Staffing Plan (to be supplied by Contractor) E42 Exhibit V Verified List Of Subcontractors/Suppliers E44 Exhibit W - Site Specific Safety and Health Program Guidelines E45 Exhibit X Intentionally not used for DBB projects. E46 Exhibit Y OCIP Insurance Manual for Contractors. (Intentionally Not Used.) E47 Exhibit Z Stormwater Pollution Prevention Construction Inspection Sheet, and Final Stormwater Compliance Inspection Checklist GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House TOC GC1-GC70 General Conditions Article 1: Definitions Article 2: Priority of Documents Article 3: Purpose and Intent Article 4: Representations and Warranties Article 5: Contractor’s Organization Article 6: Reserved Article 7: Subcontracts Article 8: Protection and Safety Article 9: Construction Phase Article 10: Construction Phase - Project Closeout Article 11: Construction Phase - Submittals and Testing Article 12: Scheduling of Work Article 13: Owner’s Obligations and Responsibilities Article 14: Changes to the Work Article 15: Reserved Article 16: Payment Article 17: Insurance, Indemnity, and Bonds Article 18: Warranty and Correction of Work Article 19: Suspension and Termination Article 20: Statutory Requirements Article 21: Miscellaneous Provisions Volume 2 PART 2 – TECHNICAL SPECIFICATIONS DIVISION 1 General Requirements 011000 012100 012200 012300 013591 017419 Summary Allowances Unit Prices Alternates Historic Treatment Procedures Construction Waste Management DIVISION 2 Existing Conditions 024119 024296 Selective Demolition Historic Removal and Dismantling DIVISION 3 Concrete 033000 034100 Cast-in-Place Concrete Precast Structural Concrete GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House TOC DIVISION 4 Masonry 040310 040322 040323 040326 040327 040342 040343 042000 044313 047200 Historic Masonry Cleaning Historic Brick Unit Masonry Repair Historic Brick Unit Masonry Repointing Historic Terra Cotta Unit Masonry Repair Historic Terra Cotta Repointing Historic Stone Masonry Repair Historic Stone Masonry Repointing Unit Masonry Anchored Stone Masonry Veneer Cast Stone Masonry DIVISION 5 Metals 050372 051200 053100 054000 055000 055113 055119 055813 Historic Decorative Metal Repair Structural Steel Framing Steel Decking Cold-Formed Metal Framing Metal Fabrications Metal Stairs and Railings Metal Fire Escape Stairs Column Covers DIVISION 6 Wood, Plastics, and Composites 060312 061000 061600 062013 062023 064113 Historic Wood Repair Rough Carpentry Sheathing Exterior Finish Carpentry Interior Finish Carpentry Architectural Wood Cabinets DIVISION 7 Thermal and Moisture Protection 071113 071326 072100 072200 072413 072700 073126 073213 074113 074114 074200 074213 Bituminous Dampproofing Self-Adhered Sheet Waterproofing Thermal Insulation Roof Insulation Polymer-Based Exterior Direct Applied Finish System Air and Weather Barriers Slate Shingles Clay Roof Tiles Historic Standing Seam Metal Roof Panels Standing Seam Metal Roof Panels Terra Cotta Rain Screen Cladding System Metal Composite Material Wall Panels GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House TOC 075300 076200 077100 077110 078413 078446 079200 079500 EPDM Membrane Roofing Sheet Metal Flashing and Trim Roof Specialties Roof Contractor's Guarantee Penetration Firestopping Fire-Resistive Joint Systems Joint Sealants Expansion Control DIVISION 8 Openings 080314 080352 081113 081416 081433 083113 084113 084413 085113 087100 088000 088813 Historic Treatment of Wood Doors Rehabilitation of Wood Windows Hollow Metal Doors and Frames Flush Wood Doors Stile and Rail Wood Doors Access Doors and Frames Aluminum-Framed Entrances and Storefronts Glazed Aluminum Curtain Wall Aluminum Windows Door Hardware Glazing Fire-Rated Steel Framed Entrances and Storefronts DIVISION 9 Finishes 090320 090391 092216 092900 093013 095113 096400 096519 096813 096816 097200 097714 099113 099123 Historic Treatment of Plaster Historic Treatment of Plain Painting Non-structural Metal Framing Gypsum Board Ceramic Tiling Acoustical Panel Ceilings Wood Floor Repair and Refinishing Resilient Linoleum Tile Flooring Tile Carpeting Sheet Carpeting Wall Coverings Wood Veneer Wall Panels Exterior Painting Interior Painting DIVISION 10 Specialties 101100 101423 102219 102800 104413 Visual Display Units Signage Demountable Partitions Toilet Accessories Fire Protection Cabinets GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House TOC DIVISION 11 Equipment 113100 115213 Residential Appliances Projection Screens DIVISION 12 Furnishings 122413 124813 Roller Window Shades Entrance Floor Mats and Frames DIVISION 13 Special Construction – Intentionally Not Used DIVISION 14 Conveying Equipment 142100 144216 Electric Traction Elevators Vertical Wheelchair Lifts Volume 3 DIVISIONS 15 – 20 – Intentionally Not Used DIVISION 21 Fire Suppression 210010 211313 213000 General Requirements, Fire Protection Sprinkler Systems Electric-Drive, Fire Pump Specification DIVISION 22 Plumbing 220010 220500 220516 220519 220523 220529 220719 221113 221116 221119 221316 221319 221413 221423 221429 223300 224000 224700 General Requirements, Plumbing and Fire Protection Basic Plumbing Materials and Methods Expansion Fittings and Loops for Plumbing Piping Meters and Gages for Plumbing Piping General Duty Valves for Plumbing Piping Hangers and Supports for Plumbing Piping and Equipment Plumbing Pipe Insulation Fuel Gas Piping Domestic Water Piping Domestic Water Piping Specialties Sanitary Waste and Vent Piping Sanitary Waste Piping Specialties Facility Storm Drainage Piping Storm Drainage Piping Specialties Sump Pumps Electric Domestic Water Heaters Plumbing Fixtures Bi-Level Water Coolers GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House TOC DIVISION 23 Heating, Ventilating and Air Conditioning 230010 230500 230513 230519 230523 230529 230593 230710 230730 230900 232113 232123 232124 232300 232500 233113 233300 233423 233424 233600 233713 233723 233724 235216 235400 236200 237200 237513 238233 238239 238240 238241 General Requirements, HVAC Basic HVAC Materials and Methods Motors Meters and Gages Valves Hangers and Supports Testing, Adjusting, and Balancing Duct Insulation Pipe Insulation Automatic Temperature Control Hydronic Piping Hydronic Pumps Variable Frequency Drive-Pumping System Refrigerant Piping HVAC Water Treatment Metal Ducts Duct Accessories Power Ventilators Sidewall Propeller Fans Air Terminal Units Diffusers, Registers, and Grilles Intake and Relief Ventilators Louvers and Vents Condensing Boilers Furnaces Condensing Units Air-to-Air Energy Recovery Units Packaged Rooftop Units Fin Tube Radiation Hydronic Unit Heaters Cabinet Unit Heaters Wall Unit Heaters DIVISIONS 24 – 25 – Intentionally Not Used DIVISION 26 Electrical 260010 260050 260519 260526 260529 260533 260543 260544 General Requirements, Electrical Basic Electrical Materials and Methods Low Voltage Electrical Power Conductors and Cables Grounding and Bonding for Electrical Systems Hangers and Supports for Electrical Systems Raceways and Boxes for Electrical Systems Underground Ducts and Raceways for Electrical Systems Sleeves and Sleeve Seals for Electrical Raceways and Cabling GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House TOC 260553 260572 260574 260923 262416 262726 262816 263213 263600 265100 Identification for Electrical Systems Overcurrent Protective Device Short Circuit Study Overcurrent Protective Device Arc-Flash Study Lighting Control Devices Panelboards Wiring Devices Enclosed Switches and Circuit Breakers Engine Generators Transfer Switches Interior Lighting DIVISION 27 Communications – Intentionally Not Used DIVISION 28 Electronic Safety and Security 283111 Fire Alarm DIVISIONS 29 – 30 – Intentionally Not Used DIVISION 31 Earthwork 311000 312000 314800 Site Clearing Earthwork Underpinning DIVISION 32 Exterior Improvements 321313 321373 Concrete Paving Concrete Paving Joint Sealants DIVISION 33 Utilities 334100 334600 Storm Utility Drainage Piping Subdrainage Volume 4 APPENDIX I Geotechnical Evaluation Proposed Addition to Rutgers Writers House, November 2013 APPENDIX II Writers House Interior and Exterior Finishes Analysis Report, December 2013 APPENDIX III Writers House Mortar Analysis Report, December 2013 END OF TABLE OF CONTENTS GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House SW STATEMENT OF WORK This project includes but is not necessarily limited to: A. The Base Bid includes but is not limited to the following: 1. 2. 3. 4. 5. 6. B. Base Bid consists of the rehabilitation of the Henry Genet Taylor house at 305 Cooper Street in Camden, NJ. The Project is on the National Register of Historic Places and is located in the Cooper Street Historic District. All work must be accomplished in accordance with the Secretary of Interior’s Standards. Exterior rehabilitation work includes deconstructing and reconstructing of a portion of the south brick and terra cotta façade, reconstructing a historic collapsed brick chimney, historic brick, terra cotta and stone repair and repointing; rehabilitation of historic ironwork, wood windows, interior and exterior shutters and doors; replacement of existing historic clay tile, slate shingle, metal panel roofing including new gutters and downspouts; construction of new exterior wood porch with lift access to the building and replacement of existing fire escape. Interior rehabilitation work includes historic removal and dismantling, selective demolition, treatment of historic plaster and plain painting, wood floor repair, rehabilitation of historic woodwork and interior doors, new wood doors, repair of existing hardware and new hardware, ceramic tile, sheet carpeting, stair runners and area rugs, visual display units, projection screens, window shades, new accessible toilet rooms and signage. Site work includes new utility services, site clearing, tree protection, erosion and sedimentation control, brick paths and accessible parking spaces. Mechanical work includes new, high efficiency condensing natural gas hot water boilers with hot water heating supply and return pump and piping system serving unit heaters, and perimeter heating system; new split system, direct expansion cooling with natural gas heat, variable air volume, ducted supply and return air distribution system; and new energy recovery unit for entire Mechanical System served by new DDC automatic temperature control system. Plumbing work consists of new sanitary domestic, domestic cold water, fire protection water, and natural gas service; new domestic hot and cold water sanitary and vent piping systems serving new plumbing fixtures; new natural gas piping serving natural gas appliances; new wet and dry sprinkler fire protection system with fire pump and appurtenances. Electrical system work consists of new electrical power service; new exterior emergency generator; new electrical power distribution system with panelboards, circuit breakers serving lighting, mechanical equipment, and convenience outlets; new fire alarm life safety system, new access control telephone/data, IT systems, and new lighting. Alternate 1 includes but is not limited to the following: 1. Alternate 1 consists of the construction of the new addition and associated site work. If Alternate 1 is accepted by the Owner, the following items of work that are now included in the Base Bid shall be omitted, and the Alternate price shall include a credit for these items. -SW1GC AGREEMENT, 2-28-2014 Project Name: Writers House a. b. c. d. 2. 3. 4. 5. 6. New fire escape, associated window protection, egress lighting and sitework within the area of the new addition. New wheelchair lift and associated electrical components. Temporary condenser locations and associated piping. Temporary free-standing fire department connection and associated piping. General construction work includes concrete footings, decorative and standard cmu walls, concrete plank floor structure, metal roof deck, steel stairs, terra cotta rainscreen façade, stone facing, aluminum entrances, curtainwall and windows, steel doors and frames, flush wood doors, millwork, tile carpeting, ceramic tile, linoleum flooring, projection screens and controls, window shades, entrance mats, signage and electric traction elevator. Site work includes site clearing, tree protection, erosion and sedimentation control, brick paths, accessible parking spaces, new concrete patio, ramps, stairs and landscaping. Mechanical work includes new variable air volume rooftop air handling units with natural gas heat, ducted supply and return air distribution system, variable air volume boxes with zoned, hydronic reheat coils served from the boiler identified under the Base Bid description. Plumbing work consists of new sanitary domestic, domestic cold water, fire protection water, and natural gas service; new domestic hot and cold water sanitary and vent piping systems serving new plumbing fixtures; new natural gas piping serving natural gas appliances; new wet and dry sprinkler fire protection system with fire pump and appurtenances. Electrical system work consists of new electrical power service; new exterior emergency generator; new electrical power distribution system with panelboards, circuit breakers serving lighting, mechanical equipment, and convenience outlets; new fire alarm life safety system, new access control telephone/data, IT systems, and new lighting. END OF STATEMENT OF WORK -SW2- GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House PAGE INTENTIONALLY LEFT BLANK GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House PROJECT CONDITIONS PROJECT CONDITIONS PC1.0 PROJECT TIME PC1.1 The Contractor agrees to commence the Work on a date to be specified in a written Notice to Proceed that will be issued by the Owner. It agrees that the Final Completion Date(s) of the Work) shall be not later than: July 1, 2015 Temporary Certificate of Occupancy to permit Owner installation of Furniture and Equipment shall be received by the Owner not later than June 3, 2015. The Contractor further agrees that the Substantial Completion Date(s) for the Work shall be thirty (30) calendar days before the Final Completion Date(s) as shown above. PC2.0 INSURANCE PC2.1 The General Conditions do not identify minimum policy limits for the minimum required insurance policies. Such limits are as follows: Workers compensation insurance in accordance with Applicable Laws. Employers liability insurance with limits of not less than the following: $1,000,000 Bodily Injury by Accident, for each employee $1,000,000 Bodily Injury by Disease, each employee $1,000,000 Bodily Injury by Disease, policy limit Automobile liability insurance with limits of not less than the following: $2,000,000 each accident limit. Commercial general liability insurance with limits (including the limits provided by the Umbrella Liability) of not less than the following: $25,000,000 $25,000,000 $25,000,000 Each Occurrence Limit Personal and Advertising Injury Limit Fire Damage Liability (any one fire) -PC1- GC AGREEMENT, Revision Date: 2-28-2014 Project Name: Writers House PROJECT CONDITIONS $25,000,000 $25,000,000 General Aggregate Limit (Other than Products - Completed Operations) Products - Completed Operations Owner’s and contractor’s protective policy with limits of not less than the following: $2,000,000 per occurrence and $2,000,000 in the aggregate. Contractors pollution liability insurance with limits of not less than the following: $5,000,000 per occurrence and $5,000,000 in the aggregate. Contractors professional design liability insurance with limits of not less than the following: N.A. per claim and N.A. in the aggregate. Builders risk insurance under a completed value form providing All Risk Coverage on a replacement cost basis and as more fully defined in Section 17.1 of the General Conditions. Additionally the builders risk insurance shall be endorsed as needed to provide business interruption coverage, covering business income and extra expense, with an agreed amount endorsement of: $ N.A. If a dollar amount for the agreed amount endorsement is not identified in the preceding sentence, then an agreed amount endorsement will not be required. PC3.0 LIQUIDATED DAMAGES PC3.1 The Contractor acknowledges and agrees that time is of the essence to the Agreement and that if the Contractor fails to obtain Substantial Completion of the Work by the respective Substantial Completion Date(s) for each building, the Owner will suffer significant economic damages which are difficult, if not impossible, to accurately quantify. Accordingly, if the Contractor fails to obtain Substantial Completion of the Work by the Substantial Completion Date(s), which dates are 30 calendar days prior to the Final Completion Dates listed in PC1.1, the Contractor shall be liable to the Owner for liquidated damages for unexcused Delay and shall pay the Owner the sum of Five Hundred dollars ($500.00) per day for each and every calendar day beyond the required Substantial Completion date that the Work has not reached Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate, made at the time of executing the Contract, of the direct damages that are likely to be sustained by the Owner as a result of the unexcused Delay. Any sums for which the Contractor is liable to the Owner may be deducted at any time by the Owner from any moneys due from the Owner to the Contractor. In the event that no amounts are due from the Owner to the Contractor, then the Owner shall advise the Contractor in writing of the liquidated damages amount that is due from the Contractor to the Owner and the Contractor shall provide payment of such amount -PC2- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS to the Owner within thirty calendar days. No provision of payment, including but not limited to payment of retainage or payment at Substantial Completion or Final Completion, shall be deemed a waiver of the Owner’s right to assert and recover liquidated damages, if any. PC3.2 If the Owner has NOT identified a dollar amount for liquidated damages in the preceding paragraph, then the parties have not agreed to liquidated damages for this Project and the preceding paragraph shall be deemed deleted. PC4.0 SPECIAL CONDITIONS PC4.1 __X___ Only if marked by an ‘X’ does this Special Conditions item apply to this project. However, this does not preclude the Contractor from implementing the deleted sentence at their discretion. From Article 8 at 8.1 delete the following sentence, “The safety representative shall be an on-site, full time member of the Contractor’s supervisory staff whose sole duty will be to implement the Contractor’s Site-Specific Safety and Health Program.” PC4.2 _____ Only if marked by an ‘X’ does this Special Conditions item apply to this project. However, this does not preclude the Contractor from implementing the deleted part of 8.2.1 at their discretion. From Article 8 at 8.2.1 delete the following, “...(i) the Owner’s Site Specific Safety And Health Program Guidelines for this Project, (Exhibit W),...” PC4.3 _____ Only if marked by an ‘X’ does this Special Conditions item apply to this project. However, this does not preclude the Contractor from implementing the deleted part of 8.2.1 at their discretion. From Article 8 at 8.2.1 delete the following, “(9) Fall Protection - Shall include, but not be limited to, the means by which workers will be protected from falls, and shall require, at a minimum, that all accessible project areas shall be protected from falls at heights of 6 feet or greater. All workers exposed to heights of 6 feet or more will be protected from falls at all times including during steel erection, scaffolding erection / dismantling, and scaffolding use. Fall protection for portable ladder use is required for workers exposed to building perimeter and shaft areas.” -PC3GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS PC4.4 SCHEDULING, SEQUENCING, COORDINATION AND PHASING A. B. GENERAL: 1. Performance of new work in proximity to existing buildings and actively used outdoor areas shall not be made until the schedule for such work is approved by the Owner. Such work shall be made in such a manner so as to protect existing structures and site appurtenances. 2. The scheduling, sequencing, coordination, and cooperation of all trades is a vital part of the contract work. It is mandatory that the existing adjacent buildings, including pedestrian and vehicular circulation thereto, be kept open for operation during the entire contract duration and that each work operation affecting the existing buildings be reviewed in advance with the Owner’s representative, who must approved the scheduling and sequence. 3. It is the intent of the Owner to maintain open all sections of the Chancellor’s building and temporary trailers during the renovation work construction. The following phasing and sequence plan shown shall control the sequence of construction. 4. Wherever practical, all new work shall be completed prior to the removal of temporary protective partitions. 5. All utility tie-ins and interruptions shall be coordinated with the Owner and City of Camden. Fourteen (14) Day written approval must be given prior to this work commencing. PHASING 1. General: a. b. It is the intent of the Owner and Architect that the new construction is placed around the existing building without disruption of the daily operation of the existing Chancellor’s building. The addition can begin once the temporary trailers are removed by Rutgers University. All open plazas and fire exits from the buildings must be maintained. All phases of the project shall be verified with representatives of the Owner and Architect prior to commencement of work in any phase. 2. Temporary Entrances: a. Not used -PC4- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS 3. Phase I Scope of Work: a. b. Phase I is the renovation to the existing building. The exterior restoration of the exterior masonry, structure, windows, and roofing can be done during the school year. This work must be done first, prior to any interior renovations. Temporary protection is to be done during this phase of work. See the Historic renovation requirements section of the specification. The Historic tree located on the property is to be maintained during this phase. The root system is also to be protected. 4. Phase II Scope of Work: a. b. PC4.5 Phase II is the Alternate for the building addition. The work includes all work as noted on the document. The schedule is to reflect separate work items accordingly. A code compliant clear path must be maintained from the construction fence to the existing building. The path must be maintained as a fire exit for the existing building. Temporary protection is to be done during this phase of work. The Historic tree located on the property is to be maintained during this phase. The root system is also to be protected. Tree protection fence will be installed by Rutgers University. The Contractor shall not disturb it. CAMDEN CAMPUS HOURS OF OPERATION AND CALENDAR: A. HOURS OF OPERATION: 1. 2. B. The Campus is in operation seven days a week. 24 hours per day. These hours continue throughout the summer. The Retail areas are in operation 24 hours a day, 7 days a week for the entire year. ACADEMIC CALENDAR 1. 2014-2015 Academic Year a. Fall Semester - 2014 Semester Begins September 2, 2014 Regular Saturday Classes September 6, 2014 Thanksgiving Recess November 27-November 30, 2014 -PC5- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS b. c. d. 2. PC4.6 Classes End Reading Days Fall Exams December 10, 2014 December 11-December 12, 2014 December 15-December 22, 2014 Winter Recess Spring Semester – 2014 Semester Begins Spring Recess Classes End Reading Days Spring Exams Commencement Summer Session May 26 – August 12, 2015 December 23, 2014 – January 19, 2015 January 20, 2015 March 14 – March 22, 2015 May 4, 2015 May 5 – May 6, 2015 May 7 – May 13, 2015 May 17, 2015 2015-2016 Academic Year: Calendar to be determined. FIELD OFFICES A. BY AND FOR THE CONTRACTOR 1. Due to site restrictions no field office is permitted on site. Within the building a field office is permitted and maintained during project construction for reception and continuous use. Include a complete set of contract documents and detailed shop drawings and correspondence. At a minimum, furnish with approved, adequate and safe means of electric heating, air conditioning (mechanical cooling), electric lights, convenience outlets, telephone, (2) fire extinguishers, digital camera with 2-gig memory card, fax machine, copier, scanner, computer with high speed internet access, and a fully stocked First Aid Kit. The area shall be large enough to accommodate job meetings and provided with a conference table and 14 padded folding chairs. If off site accommodations for a field office are acquired by the Contractor, the above items can be included there instead of within the existing building. 2. On site storage is limited to areas indicated on the Drawings. 3. No storage trailers are permitted on site. Only offsite storage is permitted. 4. Remove field offices at completion of building when directed by the Owner and Architect. -PC6- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS PC4.7 EMPLOYEE STORAGE, TOOL SHED & SHOP A. PC 4.8 TEMPORARY FENCING: A. Furnish and install a chain link fence 6ft. in height, enclosing exterior construction areas where required. Construct fence with proper posts, cross bracing, horizontal bracing, etc; provide gates, complete with hardware and locks, located for best access to site area and as approved by the Architect, and conforming to all governmental bodies having jurisdiction. Submit details of fence construction to the Architect for approval. The Contractor shall be responsible for posting appropriate signage restricting access into the job site. The Contractor will supply their own locks, however the Owner will supply a security lock to be interlocked with the Contractor lock. B. The extent of required temporary fencing is at the contract limit lines (refer to B.04). Any additional fencing, gates, etc., not shown, but required for safety or a specific task will be the responsibility of the Contractor. The Contractor shall maintain these fences during the period of construction. Upon completion of the work, the Contractor shall remove all fences from the site. Contractor shall also provide and maintain a construction fence at the perimeter of their area for stockpiling materials, etc. The fence must allow for emergency egress for all buildings and include emergency egress hardware as required by code. All damage to existing construction, site and landscaping must be repaired with like materials to the satisfaction of the Owner. PC4.9 STORAGE AREAS OF SITE, EQUIPMENT MARSHALING EXCAVATION BORROWS/SPOILS DESIGNATED AREA, ETC. A. PC4.10 BY AND FOR CONTRACTOR: Provide and maintain suitable and safe temporary storage, tool shops, and employee sheds, for storage, and shelter. Locate during construction where indicated by the Owner and remove them at completion of work. AREAS, The Contractor shall be responsible for providing for his own requirements within the areas designated on the Drawings. Contractor shall locate his activities within the designated area, to suit project requirements, subject to Owner’s approval. All materials excavated must be removed from the site during construction. Excavated materials must be tested in accordance with NJDEP/DEP regulation’s prior to removal. No storage is permitted, due to site limitations. TEMPORARY TOILET FACILITIES -PC7- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS A. The Contractor shall provide and pay for suitable temporary toilets with lighting at an approved location on the site, prior to the start of any field work, and comply with the State and local laws and Department of Health requirements. The Contractor will be responsible for maintenance, removal and relocation as described hereinafter. B. Rent toilets from a commercial service organization, such as Port-O-San Corporation, Sanitation Unlimited, or equal. C. Toilets shall be serviced by a firm qualified and experienced-in such function. Each, unit shall be serviced at least twice a week including removal of waste matter, sterilizing, recharging tank, refilling tissue holders, and thorough cleaning and scrubbing of entire interior, which shall be maintained in a neat and clean condition. D. Toilets shall be the portable chemical type with screened enclosures with door, each having a urinal and water closet and mounted on skids. E. Provide minimum of one unit for each twenty (20) employees at the site. F. Toilets in any adjacent existing buildings shall not in any circumstances be used by the Contractor’s work forces. Reasonable steps must be taken by the Contractor to enforce this rule. Any costs incurred by the Owner for cleaning, or repairing toilet rooms and fixtures as a result of workmen/women unauthorized usage will be charged to the Contractor. PC4.11 TEMPORARY STAGING, FORMWORK, SCAFFOLDING, CHUTES AND RAMPS A. The Contractor shall arrange to furnish, install, erect, maintain, protect, dismantle and remove temporary construction as necessary, both interior and exterior, for their use during the project construction. B. The Contractor has complete responsibility for stability, safety, and fire resistance, warning lights, exit signs, signage and operating signals and procedures in accordance with applicable codes. C. The Contractor erecting or employing hoists shall be required to furnish and erect protective covers on all exposed work in the area of such hoist to insure prevention of accidental or negligent defacement or injury of persons. D. No work shall be performed overtop of any occupied building spaces without giving the occupying group sufficient notice (minimum fourteen (14) days) to vacate the area during the period of time in which the overhead construction is taking place. In the event the -PC8- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS building cannot be vacated during working hours, the work will be done after hours at no cost to the Owner. PC4.12TEMPORARY ENCLOSURE AND PROTECTION A. The Contractor shall be responsible for furnishing, erecting, maintaining and removing all temporary enclosures necessary in order to maintain proper temperatures as required for the protection of new and existing work. Provide temporary doors in enclosures, for ease and safety of exit. B. The Contractor shall protect the existing buildings, all campus walks, trees, landscape features and utilities, and all street pavements, curbs, sidewalks, fire hydrants, street signs, utility poles, light poles, storm drainage structures, subgrade utilities, etc., adjacent to and within the site which might be affected by construction operations. Provide and maintain guard lights at all barricades, railings or obstructions at campus walks and in streets, sidewalks, or public walks, and all trenches and pits adjacent to same. C. The Contractor shall be responsible for furnishing, erecting, maintaining and removing all temporary enclosures necessary to prevent dust and noise problems within the existing building. D. The Contractor shall provide, at all times, suitable protection of the existing structure, new work, materials, etc. against temperature, rain, snow, wind, storms, and at end of day’s work cover all new work exposed to damage. Building systems, assemblies, work or materials damaged by failure to provide such protection shall be removed and replaced at the Contractor’s expense to the standard that originally existed. E. Temporary walls during construction shall be constructed as required by the Architect. Walls are to be finished and painted on the side facing the existing building. Color to be determined by the Architect. PC4.13TEMPORARY WATER A. Temporary water will be provided by the Owner at no charge to the Contractor, provided and to the extent it may be existing and available at the site immediately prior to commencement of and during construction. It is the obligation of the Contractor requiring temporary facilities to investigate and make specific arrangements with the Owner for such Facilities he may require for proper conduct of his work. B. The Contractor shall make all necessary arrangements and shall at his own cost and -PC9- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS expense provide, insulate, protect and maintain all piping, valves, fittings, connections, and outlets. Excavation and backfill, and bituminous and concrete paving repairs, as necessary to maintain a temporary water service during project construction shall be the responsibility of the Contractor. C. The Contractor shall provide any necessary water storage and pumping utilities to accommodate demand, and to provide temporary water service for consumption and fire protection as required. If, for any reason, there is a lack of temporary heat in the project building, the Contractor shall drain the temporary or permanent piping to avoid damage and pay for the cost and expense of such draining and refilling. The Contractor is responsible to protect all water lines from damage or freezing, be they permanent or temporary. Should water connections be made to an existing line, the Contractor shall provide a positive shut-off valve at his cost and expense. D. The Contractor shall remove from the site all temporary piping, tanks, pumps, valves, fittings, connections, etc., installed by him which do not form a part of the permanent water supply system. E. Water connection may be made to existing water systems wall hydrants at adjacent buildings and/or to existing fire hydrants. F. Owner will pay for all water consumed during the course of construction. PC4.14 TEMPORARY ELECTRIC LIGHT POWER A. The Contractor shall, at his own cost and expense, furnish, install, operate, protect and maintain a temporary electric service to provide adequate light and power, including site lighting equipment, transformers, meters, cables, panelboards, switches, etc. It shall be his responsibility to extend conductors from an existing power source approved by the Owner. Temporary light and power installation, wiring, and miscellaneous electrical hardware must meet the National Electric Code (NEC). All electrical work shall be performed by a licensed electrician in the State of New Jersey. B. The Contractor shall pay for all energy charges associated with temporary service to this project. The Owner shall pay for all energy charges associated with the use of the permanent system. C. The Contractor shall provide and install temporary lighting and power circuits. He shall supply all wiring, circuit breakers, etc., supports and labor necessary for establishing and maintaining power at the required load centers. This system shall consist of mains and branch circuits with basic lighting and power outlets in each area as required, for all -PC10- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS trades as required. The temporary circuits shall be extended and relocated as necessary to avoid conflict or interference with the work of any trade. D. The Contractor shall provide electric service from the beginning of construction to its completion for one-half hour before and during normal daily working hours including the lunch hour, for each and every workday for each and every trade. The Contractor is responsible to determine the normal working hours for each trade. E. When no longer needed, the Contractor shall, at his own expense, disconnect, poles, meterboards, service equipment, etc., which do not form a permanent part of the electric supply system for the project. F. There shall be no additional cost to the Owner because of standby requirements due to conflict in the normal working hours of such trades. Where overtime work by Contractor necessitates standby, electricians or other trades, such Contractor shall be responsible for making appropriate arrangements, financial and otherwise, for such service at no cost to the Owner. PC4.15 TEMPORARY HEATING AND VENTILATION A. The Contractor shall, at his own cost and expense, provide adequate heating and ventilation to provide proper working and operating conditions in the spaces in which work is being done. All equipment and supplementary equipment shall be maintained in good working order and shall be of the capacity, and location required to comply with the temperature criteria as follows: 1. When the outside temperature falls below 40 deg. F during the day or night, and the work has progressed to a point where protection is required, or is directed by the Architect, it will be mandatory that the Contractor provide temporary closures and sufficient temporary heat to maintain indoor temperatures of 40 deg. F both day and night, regardless of outside temperatures. It is the intent of this requirement to permit all work to be performed in spaces in which the temperature is maintained at no less than 40 deg. F. If additional heat is required beyond that specified herein, the Contractor shall arrange and pay the additional costs thereof, at no expense to the Owner. 2. Where the technical specifications, or accepted practices, require higher temperatures prior to and during the installation of any work, the required temperature shall be maintained for a period of one week prior to installation of any temperature of moisture sensitive materials and/or operations (including, but not limited to, millwork, wood doors, painting, resilient flooring, acoustic treatment and carpeting) and continuously thereafter until completion of the work. -PC11- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS B. The Contractor shall make his own arrangement as required, for safe and proper installation and operation of NFPA approved propane heating and ventilation equipment with operating and safety controls. Care must be exercised to insure proper conduction of heat, flue cases, and exhaust fumes from apparatus to the exterior. Location of exterior flue discharges must be so arranged as to prevent defacement of exterior building surfaces. The location shall be subject to the Architect’s approval. C. Cook or wood fires, oil salamanders, open can or bucket fires shall not be permitted. No temporary portable or non-automatic heating sources shall be left unattended at any time. Whenever any temporary devices that can cause fire are in use, the Contractor shall provide proper type portable fire extinguishers in all areas as per code. D. The Contractor shall clean up any soot, soiled areas and damage from temporary heating and ventilating operations. E. Whenever necessary, in order to maintain proper temperatures for the prosecutions of the Work, or for the protection thereof, the General Construction Contractor shall furnish and maintain temporary enclosures for all openings in exterior walls that are not enclosed with finishing materials. Temporary wood doors shall be provided at door openings. F. The permanent HVAC system may be utilized under the following conditions. 1. 2. 3. 4. 5. 6. When the permanent heating and ventilating systems become operational the Contractor may, with the Owner’s approval, use the system to provide temporary heat for the building or portion thereof, if all electrical connections are permanently tied in. The Contractor shall supply and pay for standby and maintenance labor costs resulting from such use of the permanent systems. The existing building systems may be used to provide heating and ventilation during construction. Systems assigned to the work area shall be shut down during non-work hours, except as required to maintain minimum temperatures. Strainers and filters used during the temporary operation of the system shall be changed by the Contractor as required to prevent damage to the equipment. Permanent heating equipment used to supply temporary heat and ventilation shall be completely cleaned and renewed, including strainer and filter replacement, by the Contractor, prior to final acceptance. Should a portion of the building be occupied by the Owner prior to final acceptance, the fuel and operating costs of the heating and ventilating for occupied portion shall be borne by the Owner. Prior to final acceptance, the Owner shall pay for fuel costs except as noted in 5. above, for the operation of existing equipment to provide heat. -PC12- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS PC4.16 TEMPORARY TELEPHONE SERVICE A. PC4.17 The Contractor shall provide a telephone, listed in the firm’s name, pay all charges for telephone service for his own use during the entire time of project construction. Install in Contractor’s own field office. TEMPORARY ACCESS A. The Contractor shall be responsible for keeping all roadways, drives and parking areas within or in proximity to the site free and clear of debris, gravel, mud or any other site materials by insuring that all measures reasonably necessary are taken to prevent such materials from being deposited on such surfaces including, as may be appropriate, the cleaning of vehicle wheels, etc. prior to their leaving the construction site. Should such surface require cleaning, the Contractor will clean these surfaces without additional cost to the Owner. The Contractor will be held accountable for any citations, fines, or penalties imposed on the Owner for failing to comply with local rules and regulations. B. Maintenance of Construction Access Routes: The Contractor shall be responsible for providing and maintaining unobstructed traffic lanes on the designated Construction Access Routes either shown on the Contract Drawings or reasonably required so as to perform the Work and shall provide and maintain all reasonably required safety devices. He shall provide the addition of materials, their grading and compaction, the removal of snow and debris so as to provide and maintain the general serviceable condition of the access roadbed, as well as pedestrian ways. C. The Contractor shall obtain permission, in writing, from the Owner before using any existing driveways or parking areas not specifically designated for such use in the Contract Documents for construction purposes. He shall maintain such driveways and areas in good condition during the construction period, and, at completion of the project, shall leave them in the same condition as at the start of the Work. Conditions before use should be carefully photographed or documented by the Contractor. D. The Contractor must maintain safe pedestrian and vehicle traffic access across on-site and off-site utility connections. Temporary bridges over trenches shall comply with applicable regulations if any trenches are required. E. The Contractor shall remove temporary access work upon completion of the work and restore the area to its original condition. -PC13- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS PC4.18 PARKING A. Parking for all construction trades and employees will be permitted only where directed by the Owner. No parking is permitted on site. Staff parking lots are available along 3rd Street. Rear of Lot 14. B. Parking permits will be required for all construction employees utilizing University parking lots. There is a charge for the construction parking permit. The permits may be obtained at the Public Safety building. C. Parking in the Chancellors Parking Lot along Lawrence Street is strictly prohibited. PC4.19 CONSTRUCTION SIGN A. Provide project construction signs complying with Rutgers Sign Standard, at locations as directed by Owner. Engage an experience sign printer to apply graphics as indicated. B. Sign shall be made from one panel of 3/4" exterior grade plywood, medium density overlay on face to receive graphics and C-grade on reverse face. Seal all edges and paint all exposed surfaces. C. Mount sign on two 4 x 4 timber posts as shown on drawings, preservative treated and painted, each 8' long and set three to four feet deep into the earth. Compact soil backfill at post holes or, at Contractor’s option, set posts in concrete foundations 12" in diameter. D. Paint logo and lettering in sizes and styles as indicated. background shall also be as shown on sign standard drawings. E. Contractor shall remove sign upon completion of the work, or at such time before final completion as directed by Owner. PC4.20 Colors for legend and WORK IN EXISTING BUILDING A. During construction work, barriers and partitions shall be erected to protect and separate students and University employees from contract operations. Provide temporary insulated weather-tight closures of openings in exterior surfaces to provide acceptable working conditions and protections for materials, to allow for temporary heating, and to prevent entry of unauthorized persons. Provide doors with self-closing hardware and locks. Construction: Framing and sheet materials with dust proof, closed joints and -PC14- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS sealed edges at intersections with existing surfaces; paint surfaces exposed to view in Owner occupied areas. B. Recording of Existing Conditions- Prior to commencement of work at the site, representatives of the Owner, Contractor and the Architect shall jointly review existing conditions of the site and existing building and improvements to remain surrounding the area of Work and shall record the conditions thereof. The Contractor shall arrange to have photographs taken and dated. C. The Contractor is advised that the safety of the occupants, students and staff is of paramount concern to the Owner during the course of the project. The Contractor shall provide for safety requirements at his own cost. C. The Contractor is asked to cooperate fully with the Owner and provide ample notice to any activity which may impact on the use of the existing building (14 days written notice). D. Sequence of Construction shall be performed according to the phasing Plan for the construction of the new addition and the renovation of existing areas. PC4.21 CONTRACT LIMIT LINES: A. PC4.22 The Contract Limit Line must be shown on the Drawings and the drawings generally indicate the extent of the work. It shall not, however, limit the responsibility of the Contractor in performing his work in its entirety. Work may be required in areas beyond the contract limit lines, and these areas shall be restored to their original condition, unless otherwise noted. All areas disturbed, whether or not they are within the contract limit lines, shall be restored. COLOR SELECTION: A. All colors for all finished surfaces and materials will be as specified and selected or reviewed by the Architect. The color selections and review of submittals will be done at one time for all finishes in order to provide a complete and coordinated color schedule. Exterior finishes may be a separate package from interior finishes. B. All color and finish information shall be submitted to the Architect before the color selection and coordination process begins. (2) 12” square color samples of all materials and paints shall be submitted to the Architect for approval, unless otherwise noted in the -PC15- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS specific section of the specification for that material. C. All samples shall be submitted promptly so that the color schedule may be completed in time to maintain the Project Schedule. If any color information is submitted late, the Contractor shall bear all additional costs incurred to obtain the finished materials in conformance with the approved color schedule. A claim of delay will not be accepted if the color schedule is late due to the failure of the Contractor to provide the Architect with all required color information on time. D. Long lead items should be identified at the beginning of the project and ordered in a timely fashion so as to have the product on site when needed. Identify long lead items to the Architect for review separate from the remaining finishes, if required. E. 24” x 48” color samples of all paint colors shall be painted on surfaces where directed by the Architect. PC4.23PRECEDENCE OF LARGE SCALE DETAILS: A. The general character of the detail work is shown on the drawings, but minor modifications may be made in large scale details. Where the word “similar” occurs on the drawings it shall be used in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection to other parts of the work. Where on any drawing, a portion of the work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to other like portions of the work. Where detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs and shall also apply to all other similar parts in the work unless otherwise indicated. In case of differences between small and large scale drawings, larger scale drawings shall take precedence. Dimensions given shall take precedence over scale measurements. Any discrepancies shall be referred in writing to the Architect for adjustments before any work affected thereby has been performed. Typical details shall apply to all similar details and materials, whether called out or not. PC4.24LAYOUT OF WORK: A. The Contractor shall layout the work and be responsible for all lines, and measurements and other work executed by him under the Contract. He must exercise proper precaution to verify the figures shown on the drawings before laying out the work and will be held responsible for any errors resulting from his failure to exercise such precaution. B. All walls, soffits, openings, etc. shall be laid out in chalk on the floor and approved by the Architect prior to construction. -PC16- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS PC4.25LOST OR STOLEN ITEMS: A. The Contractor shall protect all materials and equipment for which they are responsible, which is stored at the project site for incorporation in the work, or which has been incorporated into the work. They shall replace all such materials and equipment which may be lost, stolen or damaged at his expense, whether or not such materials or equipment have been entirely or partially paid for by the Owner. PC4.26WASTE DISPOSAL: A. The Contractor shall legally dispose of all waste materials from the project. The Contractor shall provide dumpsters and regular removal service. The Owner will approve the location of the dumpsters. See Specification Section 017419, Construction Waste Management and Disposal for more information on Waste Disposal requirements. B. All demolition material and waste material shall be cleared from the site and building on a daily basis. No extraneous debris shall be left on floors or other horizontal surfaces. The Owner and Architect will direct the Contractor to clean up the site if the waste management is not kept in check. PC4.27RECYCLING: A. Materials required by law to be recycled shall be disposed of legally at no additional cost to the Owner. Additionally the Contractor shall report back to the Owner a summary of: Type of Item Quantity Recycled Recycling Facility used, including DEP license number. Verification of quantity, receiving slips from facility used. B. See Specification Section 017419, Construction Waste Management and Disposal for more information on Waste Disposal requirements. PC4.28UTILITY SHUT DOWNS AND TIE-INS: A. The Contractor shall make no utility shutdowns nor tie-ins which affect the operations of any utility system (including the fire alarm or fire suppression system) or building without requesting in writing the Owner’s permission for shut down no less than fourteen -PC17- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS (14) days prior to the proposed shut down. Actual shutdown time shall be held to the shortest period of time consistent with the operation involved. The Contractor shall advise the Owner of the estimated down time. Local utility companies are to be contacted by the Contractor for scheduling all utility tie-ins. All fire alarm systems must be operational during non- working hours. PC4.29 CONTRACTOR’S VERIFICATION OF SITE CONDITIONS: A. PC4.30 SUBSURFACE CONDITIONS A. Bidders must interpret for themselves the conditions underlying the surface of the ground. If additional information is deemed necessary by the bidder, it shall be their sole responsibility to make such other investigation as they deem necessary to satisfy their requirements. The information provided is for “bidder information” and the Owner does not warranty the accuracy of this information nor will claims for additional compensation or time be accepted based upon deviations from this information. B. Actual sub-grade material to be excavated is considered to be unclassified, with the Contractor (s) being solely responsible for removal and legal disposal of any and all material encountered without cost to the Owner. C. Soils boring logs are to be provided to the Contractor as part of the work. PC4.31 SAFETY DURING CONSTRUCTION: A. PC4.32 The Contractor shall verify, by their own field measurements, layout information given and shall report forthwith any discrepancies in writing to the Owner. The Contractor shall establish and identify all active utilities or services on the sites, and beyond the contract limit lines in areas of new work or adjacent thereto, both concealed or exposed, prior to starting any work under this contract. The Contractor shall be responsible for the safety of his workers and the occupants for the duration of the Project. The Contractor must comply with OSHA Standards. NO SMOKING: -PC18- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS A. PC4.33 Smoking is strictly prohibited in all University Facilities. RODENT AND PEST CONTROL A. The Contractor shall provide periodic extermination and pest control services as required. PC4.34 NOT USED PC4.35 INTENT AND PRECEDENCE OF CONTRACT DOCUMENTS A. It is the intent of the Contract Documents, including plans and specification, to determine the scope of the design and construction. Should a discrepancy exist of materials specified or quality of materials shown, noted or specified within the specifications, drawings or between the drawings and specifications, the more stringent and costly shall apply. B. Should a discrepancy arise, the Owner shall interpret the design scope, and contract documents. The Owner’s decision as to the design scope and the more stringent or costly material or condition shall be final. C. The Contractor is cautioned to bring any discrepancy so discovered to the attention of the Owner during the bid period. All issues relating to a discrepancy as delineated above shall not prevent the Contractor from continuing his work. The Contractor shall anticipate any issues that may arise and allow sufficient time for an RFI to be issued and answered so as to not delay construction. PC4.36 SUBSTITUTIONS AND TIME DELAY A. Any time delay caused by the Contractor relative to the ordering of materials in a timely manner shall not be a reason or cause for a substitution of materials. If the failure of the Contractor to expedite materials results in an allowable substitution by the Owner or Architect, all related costs for the substitution shall be paid by the Contractor directly or by “back charge.” This includes all time of investigation and detailing by the Architect and/or Owner. B. Should the substitution be of lesser quality or cost, a credit to the Owner will be applicable. The Owner shall determine if the credit and quality are in the best interests of the University and provide a decision on all substitutions in relation to the Contract Documents. -PC19- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS C. Requests for substitutions, if applicable, shall be submitted to the Owner during the bid period. D. No materials fabricated, supplied or otherwise, from outside the United States are to be used on this project. The exception is materials fabricated and/or made in Canada and Mexico. PC4.37 PHOTOGRAPHS A. With each monthly application for payment, the Contractor shall submit progress photographs of the building in duplicate to the Owner or his Representative, giving four (4) views of the exterior (until completed) and (20) views of the interior of the building as selected by the Architect, taken from the same points each month. B. The photographs shall by 8" x 10", colored and submitted in sleeves. The negative shall bear the date of the exposure, and the name of the project, the Contractor and the Architect. Photographs shall also be transmitted in electronic JPEG format, CD should be clearly labeled and dated. PC4.38 SUPERVISION A. The Contractor shall employ a full-time Project Manager to oversee the project. The Project Manager represents the Contract on all construction issues and coordinates all sub trades. A copy of the resume of this person is to be submitted within 10 days of award of the bid. This person is not to be removed from the project. In the event of extenuating circumstances beyond the control of the Contractor, written approval from the Owner must be received prior to replacing this person B. The Contractor shall employ a full-time competent Superintendent who shall be in attendance on the Project site during the progress of the Work. The Superintendent shall represent the Contractor and all communications given to the Superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. The University reserves the right to require a change in a Superintendent if their performance, as judged by the University, or its duly assigned representative, is deemed to be inadequate. It is the intent of this contract that the Superintendent will remain in charge throughout the entire duration of the project to ensure continuity of progress. In the event of extenuating circumstances beyond the control of the Contractor, written approval must be received prior to replacing Superintendent. The various Sub-Contractors shall likewise have competent Superintendents and/or -PC20- GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House PROJECT CONDITIONS Forepersons charge of their respective portion of the Work at all times. They shall not employ a person unfit or unskilled in the work assigned to him. If it should become apparent that a Sub-Contractor does not have his portion of the Work under the control of a competent Foreman/women, the Contractor shall have the obligation to take appropriate steps to immediately provide proper supervision. PC4.39 CHANGES TO THE WORK A. B. During the construction the Owner or the Architect may issues changes to the work in accordance with General Conditions Article 14. The change instructions may be in the form of Bulletins, AIA Forms, Sketches and RFI’s. These change instructions will be issued with the cost impact of either and addition, deletion or no change to the contract. No work is to be done until the cost impact is submitted and written authorization from Rutgers University has been received. END OF SECTION END OF PROJECT CONDITIONS -PC21GC AGREEMENT, Revision Date: 4-22-2014 Project Name: Writers House EOD ENUMERATION OF DRAWINGS DRAWING LIST No. Title CS COVER SHEET SP1.1 EXISTING SITE PLAN SP1.2 DEMOLITION PLAN SP1.2A DEMOLITION PLAN - ALTERNATE SP1.3 SOIL EROSION & SEDIMENT CONTROL PLAN SP1.3A SOIL EROSION & SEDIMENT CONTROL PLAN - ALTERNATE SP1.4 SOIL EROSION & SEDIMENT CONTROL PLAN NOTES AND DETAILS SP2.1 BASE BID - PROPOSED SITE PLAN SP2.1A ALTERNATE - PROPOSED SITE PLAN SP2.2 SITE DETAILS SP2.3 SITE DETAILS SP2.4 SITE DETAILS SP2.5 SITE DETAILS SP2.6 SITE DETAILS SP2.7A SITE DETAILS – ALTERNATE SP2.8A LANDSCAPE PLANS AND DETAILS – ALTERNATE SP3.1A RETAINING WALL PLAN & PROFILES ACHITECTURAL A0.0/A0.0A BASE BID/ALTERNATE KEY A0.1 BUILDING CODE INFORMATION A0.2 BUILDING CODE INFORMATION A0.1A BUILDING CODE INFORMATION - ALTERNATE A0.2A BUILDING CODE INFORMATION - ALTERNATE A0.3/0.3A GENERAL NOTES AND SYMBOLS AD2.0 BASEMENT AND FIRST FLOOR DEMOLITION PLANS AD2.1 SECOND, THIRD AND ATTIC FLOOR DEMOLITION PLANS AD2.0A DEMOLITION FLOOR PLANS - ALTERNATE A2.0 BASEMENT AND FIRST FLOOR PLANS A2.1 SECOND, THIRD AND ATTIC FLOOR PLANS A2.2 ROOF PLANS A3.0 EXTERIOR ELEVATIONS A3.1 EXTERIOR ELEVATIONS A3.2 EXTERIOR ELEVATIONS A4.0 ENLARGED FLOOR PLANS AND INTERIOR ELEVATIONS A4.1 ENLARGED FLOOR PLANS AND INTERIOR ELEVATIONS A4.2 ENLARGED FLOOR PLANS AND INTERIOR ELEVATIONS A6.0 BASEMENT AND FIRST FLOOR REFLECTED CEILING PLANS A6.1 SECOND, THIRD AND ATTIC FLOOR REFLECTED CEILING PLANS A7.0 FIRE ESCAPE PLANS AND DETAILS A7.1 FIRE ESCAPE PLANS AND DETAILS A8.0 CHIMNEY RESTORATION DETAILS A8.1 SOUTH FACADE RECONSTRUCTION DETAILS A8.3 ROOF DETAILS A8.4 ROOF DETAILS A8.5 ROOF DETAILS A8.6 PORCH DETAILS Date 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 -EOD1GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EOD A9.0 A9.1 A9.2 A11.0 A2.0A A2.1A A2.2A A3.0A A3.1A A3.2A A4.0A A4.1A A5.0A A5.1A A5.2A A6.0A REPAIR SCHEDULE PARTITION AND FINISH SCHEDULES DOOR AND WINDOW SCHEDULES FINISHES DIAGRAM PLANS ALTERNATE – BASEMENT AND FIRST FLOOR PLANS ALTERNATE - SECOND AND THIRD FLOOR PLANS ALTERNATE - ROOF PLAN ALTERNATE - EXTERIOR ELEVATIONS ALTERNATE - EXTERIOR ELEVATIONS EXISTING BUILDING ALTERNATE - BUILDING SECTIONS ALTERNATE – ENLARGED PLANS AND ELEVATIONS ALTERNATE – ENLARGED PLANS AND ELEVATIONS ALTERNATE - WALL SECTIONS ALTERNATE - WALL SECTIONS ALTERNATE - WALL SECTIONS ALTERNATE – BASEMENT AND FIRST FLOOR REFLECTED CEILING PLANS A6.1A ALTERNATE - SECOND AND THIRD FLOOR AND ROOF ACCESS REFLECTED CEILING PLANS A7.0A ALTERNATE – ENLARGED STAIR AND ELEVATOR PLANS A7.1A ALTERNATE - ENLARGED STAIR AND ELEVATOR SECTIONS AND DETAILS A8.0A ALTERNATE - EXTERIOR DETAILS A8.1A ALTERNATE – ROOF DETAILS A8.2A ALTERNATE – ROOF DETAILS A8.3A ALTERNATE – ROOF DETAILS A8.4A ALTERNATE – ENLARGED PLAN DETAILS A8.5A ALTERNATE – ENLARGED PLAN DETAILS A8.6A ALTERNATE – ENLARGED PLAN DETAILS A8.7A ALTERNATE – ENLARGED PLAN DETAILS A8.8A ALTERNATE – ENLARGED PLAN AND EQUIPMENT SCREEN DETAILS A8.9A ALTERNATE – ENLARGED PLAN DETAILS A9.0A ALTERNATE - DOOR AND FINISH SCHEDULES A9.1A ALTERNATE - PARTITION SCHEDULE, DOOR, WINDOW AND FRAME TYPES A9.1A ALTERNATE - PARTITION SCHEDULE, DOOR,WINDOW AND FRAME TYPES A9.2A ALTERNATE - ALSF AND DOOR DETAILS A9.3A ALTERNATE - HM DOOR AND ARCHITECTURAL WALL DETAILS A9.4A ALTERNATE - WINDOW DETAILS A10.0A ALTERNATE – INTERIOR DETAILS STRUCTURAL S0.0/S0.0A GENERAL NOTES S0.1/S0.1A GENERAL NOTES & ABBREVIATIONS S0.2/S0.2A SCHEDULES S0.3/S0.3A SPECIAL INSPECTIONS TABLE S1.0 FOUNDATION/BASEMENT AND FIRST FLOOR PLANS - EXISTING S1.1 SECOND AND THIRD FLOOR FRAMING PLANS - EXISTING S1.2 ATTIC AND ROOF FRAMING PLANS - EXISTING S1.3 FIRE EXCAPE PLANS AND DETAILS S1.0A FOUNDATION/BASEMENT AND FIRST FLOOR PLANS - ADDITION 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 -EOD2GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EOD S1.1A SECOND AND THIRD FLOOR FRAMING PLANS - ADDITION S1.2A ROOF FRAMING PLANS - ADDITION S2.0/S2.0A TYPICAL DETAILS S2.1S2.1A TYPICAL DETAILS S2.2A TYPICAL DETAILS S3.0/S3.0A TYPICAL DETAILS S3.1/S3.1A TYPICAL DETAILS S3.2A SECTIONS S3.3A SECTIONS S3.4 SECTIONS MECHANICAL M0.0 MECHANICAL LEGEND, ABBREVIATIONS & GENERAL NOTES M2.0 BASEMENT, FIRST, AND SECOND FLOOR PLANS - DUCTWORK M2.1 THIRD FLOOR, ATTIC, AND ROOF PLANS - DUCTWORK M2.2 BASEMENT, FIRST, AND SECOND FLOOR PLANS - PIPING M2.3 THIRD FLOOR PLAN - PIPING M4.0 MECHANICAL EQUIPMENT WIRING SCHEMATICS AND SEQUENCES OF OPERATIONS M5.0/M5.0A MECHANICAL DETAILS M5.1 MECHANICAL DETAILS M5.2 MECHANICAL DETAILS M6.0 MECHANICAL SCHEDULES M6.1/M6.1A MECHANICAL VENTILATION SCHEDULES M2.0A ALTERNATE - BASEMENT AND FIRST FLOOR PLANS - DUCTWORK M2.1A ALTERNATE – SECOND FLOOR, THIRD FLOOR AND ROOF PLANS DUCTWORK M2.2A ALTERNATE - BASEMENT PLAN AND FIRST FLOOR PLANS - PIPING M2.3A ALTERNATE – SECOND AND THIRD FLOOR PLANS - PIPING M4.0 ALTERNATE - MECHANICAL EQUIPMENT WIRING SCHEMATICS AND SEQUENCES OF OPERATION M5.1A ALTERNATE - MECHANICAL DETAILS M5.2A ALTERNATE - MECHANICAL DETAILS AND SECTIONS M6.0A ALTERNATE - MECHANICAL SCHEDULES AND DETAILS PLUMBING P0.0/P0.0A PLUMBING LEGEND, ABBREVIATIONS, GENERAL NOTES & RISER DIAGRAMS P2.0 BASEMENT, FIRST, AND SECOND FLOOR PLANS - SANITARY P2.1 THIRD FLOOR, ATTIC, AND ROOF PLANS - SANITARY P2.2 BASEMENT, FIRST, AND SECOND FLOOR PLANS - DOMESTIC WATER & NATURAL GAS P2.3 THIRD FLOOR, ATTIC, AND ROOF PLANS - DOMESTIC WATER & NATURAL GAS P5.0/P5.0A SANITARY AND STORM WATER RISER DIAGRAMS P5.1/P5.1A DOMESTIC WATER AND NATURAL GAS RISER DIAGRAMS P6.0 PLUMBING SCHEDULES AND DETAILS P2.0A ALTERNATE - BASEMENT AND FIRST FLOOR PLANS - SANITARY P2.1A ALTERNATE - SECOND AND THIRD FLOOR PLANS - SANITARY P2.2A ALTERNATE - BASEMENT AND FIRST FLOOR PLANS - DOMESTIC WATER & NATURAL GAS P2.3A ALTERNATE - SECOND AND THIRD FLOOR PLANS - DOMESTIC WATER & NATURAL GAS 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 4/11/14 -EOD3GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EOD P6.0A ALTERNATE - PLUMBING SCHEDULES AND DETAILS 4/11/14 FIRE PROTECTION FP0.0/FP0.0 FIRE PROTECTION - LEGEND, ABBREVIATIONS, GENERAL NOTES, 4/11/14 A DETAILS AND RISER DIAGRAM FP0.1/FP0.1 FIRE PROTECTION – LEGEND,ABBREVIATIONS, GENERAL NOTES, 4/11/14 A DETAILS AND RISER DIAGRAM FP2.0 BASEMENT, FIRST, AND SECOND FLOOR PLANS 4/11/14 FP2.1 THIRD FLOOR AND ATTIC PLANS 4/11/14 FP2.0A ALTERNATE - BASEMENT AND FIRST FLOOR PLANS 4/11/14 FP2.1A ALTERNATE - SECOND AND THIRD FLOOR PLANS 4/11/14 ELECTRICAL E0.0/E0.0A E0.0 COVER SHEET 4/11/14 E0.1/E0.1A SINGLE LINE DIAGRAM 4/11/14 E2.0 BASEMENT AND FIRST FLOOR LIGHTING PLANS 4/11/14 E2.1 SECOND, THIRD, AND ATTIC LIGHTING PLANS 4/11/14 E3.0 BASEMENT AND FIRST FLOOR POWER PLANS 4/11/14 E3.1 SECOND, THIRD, AND ATTIC POWER PLANS 4/11/14 E4.0 ELECTRICAL SCHEDULES 4/11/14 E5.0 ELECTRICAL DETAILS 4/11/14 E2.0A ALTERNATE - BASEMENT AND FIRST FLOOR LIGHTING PLANS 4/11/14 E2.1A ALTERNATE - SECOND, THIRD, AND ROOF LIGHTING PLANS 4/11/14 E3.0A ALTERNATE - BASEMENT AND FIRST FLOOR POWER PLANS 4/11/14 E3.1A ALTERNATE - SECOND, THIRD, AND ROOF POWER PLANS 4/11/14 E4.0A ALTERNATE - ELECTRICAL SCHEDULES 4/11/14 END OF ENUMERATION OF DRAWINGS -EOD4GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House IB INSTRUCTIONS TO BIDDERS IB1.0 GENERAL REQUIREMENTS IB1.1 The successful bidder shall be required to enter into a Project Labor Agreement with the United Building & Construction Trades Council of Southern New Jersey, AFL-CIO (the “Trades Council”) and the labor unions listed in the suggested form of Project Labor Agreement which is attached hereto as Exhibit 1 to these Instructions to Bidders. Rutgers does not guarantee this suggested form will be the final PLA. The successful bidder shall be responsible to negotiate the final form with the Trades Council and/or the labor unions. The successful bidder shall also include the terms of the final Project Labor Agreement in all subcontract agreements, and further require that all subcontractors providing work on this project acknowledge their assent to the final Project Labor Agreement and be bound thereby by executing the form of Letter of Assent attached to the Project Labor Agreement. As provided in the Project Labor Agreement, the Successful Bidder will be responsible to insure that the laborers selected for work on the project have the requisite skill and experience needed especially for historical preservation-related work even if that means resorting to labor from sources outside that labor provided by the local unions. Bidder shall submit as part of its Bid Proposal a completed Project Labor Agreement Acknowledgement form attached as Exhibit “2” to these Instructions to Bidders. IB1.2 To the extent possible based upon the information contained in the documents received by the prospective Contractor, the prospective Contractor shall check the bidding documents received to confirm that it has received a complete set. The Owner and A/E are not responsible for omitted documents to the extent that such documents could have been discovered by a check of the bidding documents. To the extent that the prospective Contractor needs clarification regarding whether it has a complete set of bidding documents, it shall submit a request for clarification to the A/E in writing. IB2.0 PRE-BID CONFERENCE IB2.1 A pre-bid conference, followed by a walk-through of the Project site, will be held on: Tuesday April 29, 2014 at 10:00 a.m. Camden Campus Student Center 326 Penn Street (Corner of 3rd and Lawrence Street) Room South AB Rutgers, The State University of New Jersey Camden, New Jersey -IB1GC AGREEMENT, Revision Date: 2-28-2014 Project Name: Writers House IB Representatives of the A/E will be in attendance. The prospective Contractor’s attendance is not mandatory, but is strongly recommended and failure to attend does not relieve the prospective Contractor of any obligations. In developing its bid price, the Contractor shall rely solely on the information contained in the For Bid/For Contract documents including issued plans, Project Manual and any issued addenda, and shall not rely upon any of the oral representations provided by any person or entity at the pre-bid conference. IB3.0 REQUESTS FOR CLARIFICATION AND ADDENDA IB3.1 No clarifications of the bid documents will be made to any prospective Contractor orally. All requests for clarification shall be submitted so as to arrive at the A/E’s office at least ten (10) calendar days prior to the bid opening date. Every request for clarification shall be in writing addressed and sent via e-mail to the A/E as follows: SMP Architects, Ltd. 1600 Walnut Street, 2nd Floor Philadelphia, PA 19103 Tel: 215-985-4410 Attention: Missy Maxwell, AIA - e-mail: [email protected] With copies to: Rutgers Project Manager, Arnold Vicidomini: [email protected] IB3.2 Any clarification made by the A/E shall be issued in the form of an addendum to the documents, which will be made available to all prospective Contractors through the Owner’s designated printing company or by other methods as selected by the Owner. Each prospective Contractor will be notified of the issuance and availability of addenda via e-mail, facsimile, or telephone call to the office of the prospective Contractor. The prospective Contractors shall acknowledge receipt of all issued addenda on the Bid Form, however, a prospective Contractor’s failure to do so will not relieve such prospective Contractor from any obligation under the bid as submitted. Obtaining copy(s) of each issued addendum is the responsibility of each prospective Contractor. IB3.3 When the “or approved equal” phrase is appended to a specified material, equipment, or product designation, no approval for a substitute item shall be given prior to the awarding of the contract. IB3.4 Except to the extent identified in requests for clarification by the prospective Contractors, the prospective Contractor represents and accepts all of the Contract Documents as adequate in all respects to meet the requirements specified. -IB2GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB IB4.0 MBE AND WBE REQUIREMENTS “IB4.0 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS IB4.1 The Owner is fully committed to equal opportunity employment for women and minority workers, and to the well-being and competitive strength of Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) and to the elimination of illegal discrimination on the basis of race and gender. This important policy commitment is directly related not only to the maintenance of a strong and healthy free enterprise system, but more particularly to the goals of equal opportunity and of increasing the participation of all MBEs and WBEs in the industry. The Owner believes that the goal of assuring that a fair proportion of the Owner’s construction projects are performed by MBEs and WBEs, consistent with reasonable pricing, quality, and Applicable Laws, is best served by the employment of entities which do not discriminate against MBEs and WBEs in the awarding of construction subcontracts and which engage in market outreach efforts. IB4.2 To ensure the meaningful participation of women and minority workers in this Project, the Owner follows targets set by the State of New Jersey for the performance of work by contractors, subcontractors, and suppliers of goods, materials, equipment, supplies, services, and Labor. These targets and other relevant information are available at: http://www.state.nj.us/treasury/contract_compliance/pdf/procurement_targets.pdf In addition, to ensure meaningful participation of MBEs and WBEs in this project, the Owner has set the following targets stated as a percentage of the total Base Bid for the performance of Work by contractors, subcontractors, and suppliers of goods, materials, equipment, supplies, services, and labor who are qualified as MBE or WBE: 10% for MBEs and 10% for WBEs. By bidding on this Project, the prospective Contractor represents to the Owner that, if it is selected as the Contractor, there will be a good-faith outreach effort to enlist MBE/WBE participation in this Project and the prospective Contractor will endeavor to meet the MBE and WBE targets as well as the women and minority targets set forth at the New Jersey Department of Treasury website listed above. IB4.3 The State of New Jersey, Department of Treasury has compiled MBE and WBE databases which specify the names of entities that the State has certified to be a MBE or a WBE. See: https://www.NJ.Gov/NJBusiness/ -IB3GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Then go to State Contracting, and Minority and Women Owned Business Enterprises, and then under Services and Information go to NJ SAVI Database. Note that Owner does not warrant, guaranty or represent that State of New Jersey websites will function properly or will have current information. Owner suggests that prospective Contractor satisfy itself in whatever way necessary to determine whether potential subcontractors could be MBE or WBE firms. In addition, applications for proposed MBE or WBE status may be submitted by the prospective Contractor or by the proposed MBE or WBE to the appropriate unit of the Department of Treasury and/or Department of Labor and Workforce Development in Trenton, New Jersey. Copies of each application are to be retained by the prospective Contractor and are to be promptly made available to the Owner upon request. IB4.4 If the prospective Contractor wishes to propose a portion of the Work through an entity that is not listed in the State directories but which the prospective Contractor believes should be eligible because it is an MBE or WBE, as these terms are defined in Article 1 of the General Conditions, then the prospective Contractor shall present evidence that the entity: (1) (2) (3) Is in the process of being designated as a MBE or WBE by the State of New Jersey; Is designated or is in the process of being designated as a MBE or WBE by another entity pursuant to qualification standards comparable to those set forth herein; or Meets the MBE or WBE qualification standards set forth herein. IB4.5 MBE/WBE Participation Plan. Attached as Exhibit C hereto is a form MBE/WBE Participation Plan. Each prospective Contractor must submit a completed MBE/WBE Participation Plan with its bid that identifies the MBEs and WBEs which the prospective Contractor may utilize for the Project and the specific portions of Work to be performed by such entities and the estimated subcontract price thereof. If the submitted MBE/WBE Participation Plan meets the target levels for this project, then the prospective Contractor will be presumed not to be engaging in unlawful discrimination in the selection of Subcontractors and will be presumed to have engaged in reasonable outreach efforts. IB4.6 Affidavit Of Outreach. If the target levels for MBE and WBE participation are not met, then the prospective Contractor must also submit with its bid a completed Affidavit Of Outreach and one MBE/WBE Data Sheet for each MBE and WBE contacted regarding the Project, as well as any forms required by Chapter 27 of Title 17 of the New Jersey Administrative Code. Forms for the MBE and WBE documents are attached as exhibits to this Agreement. IB4.7 Final award of the contract is subject to approval and acceptance of the MBE/WBE Participation Plan and, if applicable, the Affidavit(s) Of Outreach. The decision of the Owner on such issues as eligibility, good faith efforts to meet MBE/WBE participation targets, and all other questions regarding compliance with MBE/WBE issues shall be final and binding. IB4.8 The successful prospective Contractor shall provide the Owner a copy of each MBE and WBE Subcontract promptly upon its execution. The successful prospective Contractor shall -IB4GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB provide a final accounting of the MBE and WBE Subcontracts executed for this Project. The prospective Contractors acknowledge that provision of an acceptable updated MBE/WBE Participation Plan is a condition precedent to the Owner’s obligation to make final payment. IB4.9 The Owner makes no representation as to the financial responsibility or technical competency of any MBE or WBE. In addition, the Owner’s receipt of documentation regarding such MBE or WBE, including copies of the Affidavit Of Outreach, the MBE/WBE Data Sheets, the MBE/WBE Participation Plan, or copies of the Contractor’s Subcontracts with such MBE or WBE shall not be construed as (i) a requirement by the Owner to utilize such entities, (ii) as providing any thirdparty beneficiary status to such entities, or (iii) as any approval of such Subcontract.” IB5.0 ALLOWANCES IB5.1 Unless stated otherwise in the Specifications, allowance Work, if any, shall include all Work necessary to install and render the allowance item fully operational and usable for its intended purpose. The dollar amount of an allowance shall include only the direct cost of the allowance Work. The prospective Contractor shall include in the Total Base Bid (i) the amount of the allowance; and (ii) all overhead, profit, insurance, bond, and any other costs or incidental expenses for the allowance item. If during construction, the direct cost of the allowance Work (excluding overhead, profit, insurance, bond, or any other costs or incidental expenses therefore) is more than or less than the allowance, then the Contract Sum shall be adjusted by such difference by Change Order. IB6.0 CONTENTS OF SUBMITTED BIDS IB6.1 The submitted bid shall be provided in four sets, each of which shall be marked “ORIGINAL” on the first page of the Bid Form and shall include each of the documents that are required by this Article. IB6.2 Bid Form. Bids shall be submitted on the provided Bid Form. The prospective Contractor shall fill in all blank spaces in the Bid Form using ink or typewriter and sign the Bid Form in ink. Erasures or other changes in the Bid Form must be initialed by the prospective Contractor. Bids containing any qualifications, conditions, omissions, alterations, or any item that is not called for in the Bid Form, or irregularities of any kind, may be rejected by the Owner as being non-responsive. IB6.3 Bid Security. The bid shall include a Bid Bond (Exhibit A) or a certified check for not less than ten percent (10%) of the Base Bid amount drawn to the order of “Rutgers, The State University of New Jersey.” The surety for the Bid Bond must have a current “A.M. Best’s Rating” of A or better. The Bid Bond shall include: (1) An up to date financial statement; (2) Evidence of the surety’s right to do business in the State of New Jersey; (3) The business address, telephone and fax numbers of the attorney-in-fact that signs the bonds; and (4) The business address, telephone and fax numbers of the surety’s agent. IB6.4 Consent Of Surety. The bid shall include a Consent of Surety to Provide -IB5- GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Payment and Performance Bond (Exhibit B) if the prospective Contractor is awarded the contract. The bonding company must be licensed to do business in New Jersey and have a current “A.M. Best’s Rating” of A or better. IB6.5 Certificate Of Registration. The bid shall include a copy of the prospective Contractor’s current Certificate of Registration with the New Jersey Department of Labor. IB6.6 MBE/WBE Participation Plan. IB6.6.1 Bidders who have met the established targets for MBE and WBE participation must submit the following forms with their bids: (i) MBE/WBE Participation Plan (Exhibit C) showing all information requested; and (ii) if any MBE or WBE is identified in the MBE/WBE Participation Plan, but which are not listed in the State MBE or WBE directories, then a Supplier Information Form (Exhibit D) must be completed in full by the prospective Subcontractor and submitted with the bid. The Owner reserves the right to determine whether the entity constitutes a MBE or WBE. IB6.6.2 Bidders who have not met the established targets for MBE/WBE participation must submit the following documents with their bids: (i) MBE/WBE Participation Plan (Exhibit C) showing all information requested and the percentages they propose to meet; (ii) an Affidavit of Outreach (Exhibit E); (iii) MBE/WBE Data Sheets (Exhibit F) for each MBE subcontractor contacted if the MBE participation target was not met and MBE/WBE Data Sheets for each WBE subcontractor contacted if the WBE participation target was not met. If MBE or WBE subcontractors have been incorporated which are not listed in the State MBE and WBE directories, a Supplier Information Form (Exhibit D) must be completed in full by the prospective Subcontractor at issue and submitted with the bid. The Owner reserves the right to determine the eligibility of the prospective Subcontractor as a MBE or WBE. IB6.7 Bidder’s Project Labor Agreement Acknowledgment IB6.8 Without limitation of other content of the Construction Contract, the prospective Contractor acknowledges the requirements of the General Conditions Article titled “Statutory Requirements”. -IB6GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB IB7.0 SUBMISSION OF BIDS IB7.1 Bids must be submitted on the bid opening date. Bids will not be accepted prior to the bid opening date. Bids will not be accepted after the date listed below, or an extension thereof if provided by Addendum. At the close of the time for submitting bids, all bids will be publicly opened and read aloud. Hour: 2:00 p.m. However, the Owner reserves the right to accept bids up until the time the first sealed bid is opened. Day: May 21, 2014 Place: Conference Room 127 Rutgers, The State University of New Jersey University Facilities, Office of Contracts Administration 74 Street 1603 Piscataway, New Jersey 08854-8037 IB7.2 Facsimile bids will not be accepted. Bids must be enclosed in a sealed envelope with the name of the prospective Contractor and the name of the Project marked on the outside of the envelope and addressed as identified below. J. Michael Gower, Senior Vice President for Finance and Treasurer Rutgers, The State University of New Jersey University Facilities, Office of Contracts Administration 74 Street 1603, Conference Room 127 Piscataway, New Jersey 08854-8037 Attention: Alex Andrews, Contracts Administrator Project: (Bidder to enter Project name that is identified on the cover page of these bid documents.) Submitted by: _____________________________________________________ (Bidder to enter its contact information, including name, address, city, county, telephone and fax numbers. Identifying a P.O. Box is not a proper identification of address.) IB7.3 Bids may be withdrawn if a written request to withdraw the bid is received from the prospective Contractor prior to the time the first bid is opened. The written request shall be signed by an authorized representative of the prospective Contractor. IB7.4 Bids by corporations must be signed in the legal name of the corporation and must be signed by the president, secretary, officer, or other person authorized to bind the corporation in the matter. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or other person authorized to bind the partnership in the matter, followed by the signature and title of the person signing. Bids by sole proprietorships shall be signed by the sole proprietor. -IB7GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Bids by joint ventures shall set forth the legal name of each person or entity undertaking the Project, identify the type of each such entity in accordance with the preceding instructions, and be accompanied by a copy of the joint venture agreement. When requested, satisfactory evidence of the authority of the officer or individual signing shall be furnished. IB7.5 Notwithstanding anything to the contrary in the confidentiality clauses in Section 21.2 of the General Conditions, Owner, as an instrumentality of the State of New Jersey, is subject to the Open Public Records Act (“OPRA”) and has an obligation to keep its business dealings and transactions transparent. Consequently, the presumption applicable to this bid is that all bid forms, proposals, documents and responses submitted in connection herewith are releasable under OPRA. OPRA only provides for limited exemptions where documents in possession of Owner, as a public entity, may be kept confidential. If the prospective Contractor believes that a certain limited portion of its bid constitutes a proprietary trade secret, that portion should be clearly marked “Confidential”. Please consult the OPRA website (http://www.state.nj.us/opra) prior to identifying any portion of your bid as “Confidential”. It is not acceptable to simply label the entire bid “Confidential.” IB8.0 AWARD IB8.1 The contract award will be made, or all bids rejected, within sixty (60) days after the opening of bids. A single contract will be awarded to the lowest responsible prospective Contractor whose bid complies with the instructions herein, provided the bid is reasonable, within the amount of the Owner’s available funds, and in the Owner’s interests. The Owner reserves the right to award on any schedule, any scope of work, or combinations thereof, with or without any alternates. The low bid may be determined by comparison of the Base Bids only if only the Base Bid is awarded or by comparison of the Base Bid combined with any awarded alternate(s). IB8.2 When the Owner deems it to be in the Owner’s interests, the Owner may waive any informality in one or more bids or reject any or all bids. The Owner may also reject the bid of any prospective Contractors who, in the judgment of the Owner, are not in a position to perform this Agreement. IB8.3 The bid guarantees submitted by each of the prospective Contractors will be retained by the Owner. IB8.4 The prospective Contractor agrees that if it receives the Owner’s Notice of Award letter for this bid, it shall (i) provide the Owner a Payment and Performance Bond, (ii) provide proofs of the insurance required by this Agreement, (iii) provide any other reasonably requested documents and (iv) shall execute this Agreement. If the successful prospective Contractor fails to do any of the foregoing within five (5) business days after notification of the acceptance of the bid, or by a later date if permitted by the Owner, then such prospective Contractor shall be deemed to be in default. In such event, the bid guarantee of such prospective Contractor shall be forfeited and such prospective Contractor shall promptly pay the Owner for any damages that are in excess of the amount provided by the bid guarantee. IB8.5 Initial Project Workforce Report. Prior to the Owner and successful prospective Contractor signing the Contract, the successful prospective Contractor shall submit to the Owner and the -IB8GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB New Jersey Division of Contract Compliance & EEO an Initial Project Workforce Report (Form AA201), a form for which is attached hereto as Exhibit J. IB8.6 The prospective Contractor agrees that if it receives the Owner’s Notice of Award letter for this bid, within thirty (30) days after receipt of such letter, the successful prospective Contractor will submit to the Owner a list of the names and addresses of proposed Subcontractors for the Project. The list shall include, but not necessarily be limited to the following divisions of Work, if applicable, to this Project: Mechanical Subcontractor; Electrical Subcontractor Plumbing Subcontractor; HVAC Subcontractor HVAC Test And Balance Subcontractor (from the Owner’s list of approved HVAC Test and Balancing subcontractors that is in the specifications) Structural Steel Subcontractor and/or Structural Concrete Subcontractor Roofing Subcontractor (from the Owner’s list of approved roofing subcontractors that is in the specifications) IB9.0 BID SUBMISSION CHECKLIST Each bidder shall provide the Owner with four separate sets of its bid. The bidder’s bid shall not include copies of all of the exhibits that are identified in the Table of Contents. Rather, the four separate sets of the bid shall include only the following: Initials Item Description Completed and signed Bid Form Certified check or Bid Bond (Must use Exhibit A form for bond) in the amount of 10% of the Base Bid Consent of Surety to Provide Payment and Performance Bond (use Exhibit B form) Public Works Contractor Registration Certificate issued by the State of New Jersey. MBE/WBE Participation Plan (use Exhibit C form) If the Participation Plan includes MBEs or WBEs that are not listed in the State directory, then include a Supplier Information Form (use Exhibit D form) for each such entity. If the MBE/WBE Participation Plan does not met set MBE or WBE participation targets, then include (i) an Affidavit of Outreach (use Exhibit E form) and (ii) MBE/WBE Data Sheets (use Exhibit F form) for each MBE subcontractor contacted if the MBE participation target was not met, and for each WBE subcontractor contacted if the WBE participation target was not met. Bidder’s Project Labor Agreement Acknowledgment (Use BPLAA form attached as page IB44.) _____________________________________________________________________ If the prospective Contractor cannot make any of the representations identified in Article BF7.0, then include a written cover letter explanation of which representations cannot be made and why such representations cannot be made. -IB9- GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB IB10.0 OCIP The bidders agree that, if required by the Owner, the successful bidder shall participate in the Owner’s Owner Controlled Insurance Program (“OCIP”). In such event, such successful bidder shall provide such information and cooperation as is required by the Owner and the Owner’s OCIP administrator. The contract amount payable to the successful bidder for the performance of the Work shall be reduced by Change Order by the amount of the successful bidder’s insurance and related cost calculations due to its participation in the OCIP. The amount of such insurance and related cost calculations shall be determined by the Owner’s OCIP administrator. The bidders acknowledge that the Owner may exercise its right to implement an OCIP either before or after receipt of bids, or before or after the execution of the Agreement for this project. END OF INSTRUCTIONS TO BIDDERS -IB10GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Exhibit 1 to Instructions to Bidders DRAFT EXHIBIT “1” TO INSTRUCTIONS TO BIDDERS RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY PROJECT LABOR AGREEMENT FOR THE RUTGERS WRITERS HOUSE PROJECT CAMDEN CAMPUS BY AND BETWEEN _______________, AS GENERAL CONTRACTOR AND THE LOCAL UNIONS AND THE UNITED BUILDING TRADES COUNCIL OF SOUTHERN NEW JERSEY, AFL-CIO PROJECT LABOR AGREEMENT FOR THE CONSTRUCTION OF THE RUTGERS WRITERS HOUSE IN CAMDEN, NEW JERSEY PREAMBLE AND PURPOSE WHEREAS, the General Contractor, desires to provide for the efficient, safe, quality, and timely completion of a project involving the historical renovation of the Henry Genet Taylor House at 305 Cooper Street, Camden, New Jersey together with an addition thereto on the adjacent vacant lot (the “Project”) all in a manner designed to result in lower reasonable costs to the University, and -IB11GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB WHEREAS, this Project Labor Agreement will help foster the achievement of the aforementioned goals, among others, by: (1) Ensuring a reliable source of skilled and experienced labor; (2) Standardizing the terms and conditions governing the employment of labor on the Project; (3) Permitting wide flexibility in work scheduling and shift hours and times from those which otherwise might be obtained; (4) Receiving negotiated adjustments as to work rules and staffing requirements from those which otherwise might be obtained; (5) Providing comprehensive and standardized mechanisms for the settlement of work disputes, including those relating to jurisdiction; (6) Avoiding the costly delays of potential strikes, slowdowns, walkouts, picketing and other disruptions arising from work disputes, and promote labor harmony and peace for the duration of the project; (7) Furthering public policy objectives as to improved employment opportunities for women and the economically disadvantaged in the construction industry; and (8) Expediting the construction process; and WHEREAS, Rutgers, The State University, in order to achieve these enumerated objectives desires that the General Contractor, any of the other Contractors, and each of the signatory Unions be signatories to this Project Labor Agreement; and WHEREAS, the signatory Unions desire the stability, security and work opportunities afforded by a Project Labor Agreement; and WHEREAS, the parties desire to maximize Project safety conditions for both workers and the public; NOW, THEREFORE, the Parties enter into this Project Labor Agreement (“Agreement”): -IB12GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB ARTICLE 1 - PARTIES TO THE AGREEMENT SECTION 1. PARTIES This is an Agreement entered into by and among [________________________________] (“General Contractor”) and its successors and assigns; the United Building & Construction Trades Council of Southern New Jersey, AFL-CIO (“Trades Council”) on behalf of itself and its affiliates and members; and the signatory local unions shown on the signature pages of this Agreement, on behalf of themselves and their members (the “Local Unions”). This Agreement shall also bind each contractor, subcontractor and/or sub-subcontractor of whatever tier and whether or not engaged by the General Contractor for work on the Project each of whom shall confirm their assent to this Agreement’s terms through the execution of a “Letter of Assent” the form of which is attached to this Agreement as Exhibit A. ARTICLE 2 - GENERAL CONDITIONS SECTION 1. DEFINITIONS For capitalized terms not otherwise defined herein, throughout this Agreement, the Local Unions and the Trades Council are referred to singularly and collectively as the “Union(s)” and where specific reference is made to one or more “Local Union(s)” that phrase is sometimes used; the term “Contractor(s)” shall include each and any of the General Contractor’s subcontractor(s), and their subsubcontractors of whatever tier, and any other contractor that has signed a Letter of Assent and that is engaged in on-site Project construction work within the scope of this Agreement as defined in Article 3 and the work covered by this Agreement (as defined in Article 3) is referred to as the “Project”. The term “Contractor” shall include the General Contractor when it performs construction work within the scope of this Agreement. SECTION 2. CONDITIONS FOR AGREEMENT TO BECOME EFFECTIVE -IB13GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB The Agreement shall not become effective unless executed by all parties designated in Article 1, Section 1 above, and shall remain in effect until the completion of the Project. SECTION 3. ENTITIES BOUND & ADMINISTRATION OF AGREEMENT This Agreement shall be binding on all signatory Unions and the General Contractor and all Contractors performing on-site Project work, including site preparation and staging areas, as defined in Article 3. The General Contractor and all other Contractors shall include in any subcontract that they let, for performance during the term of this Agreement, a requirement that their subcontractors are bound by the terms of this Agreement and shall sign an appropriate Letter of Assent with respect to subcontracted work performed within the scope of Article 3. This Agreement shall be administered by the General Contractor on behalf of all Contractors. SECTION 4. SUPREMACY CLAUSE This Agreement, together with the local Collective Bargaining Agreements appended hereto as Schedule A, represents the complete understanding of all signatories and supersedes any national agreement, local agreement or other collective bargaining agreement of any type which would otherwise apply to this Project, in whole or in part. Where a subject covered by the provisions, explicit or implicit, of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. It is further understood that neither the General Contractor nor any Contractor shall be required to sign any other labor-related agreement as a condition of performing work on this Project. No practice, understanding or agreement between a Contractor and Local Union, which is not explicitly set forth in this Agreement shall be binding on this Project unless endorsed in writing by the General Contractor. SECTION 5. LIABILITY The liability of any Contractor and the liability of any Union under this Agreement shall be several and not joint. The General Contractor and any Contractor shall not be liable for any violations of this Agreement by any other Contractor and the Trades Council and Local Unions shall not be liable for any violations of this Agreement by any other Union. -IB14GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB SECTION 6. NATURE OF AGREEMENT AND LETTER OF ASSENT The General Contractor shall require in its bid specifications for all work within the scope of Article 3 that all successful bidders, and their subcontractors of whatever tier, become bound by, and signatory to, this Agreement by executing The Letter of Assent (Exhibit A) prior to commencing work. The General Contractor shall assure compliance with this Agreement by the Contractors. SECTION 7. AVAILABILITY AND APPLICABILITY TO ALL SUCCESSFUL BIDDERS The Unions agree that this Agreement will be made available to, and will fully apply to any successful bidder for Project work who becomes signatory thereto, without regard to whether that successful bidder performs work at other sites on either a union or non-union basis and without regard to whether employees of such successful bidder are, or are not, members of any unions. This Agreement shall not apply to the work of any Contractor or General Contractor, which is performed at any location other than the Project site, as defined in Article 3, Section 1. ARTICLE 3 - SCOPE OF THE AGREEMENT The Project work covered by this Agreement shall be as defined and limited by the following sections of this Article. SECTION 1: THE WORK This Agreement shall apply to the Project. The scope of work is confined to the on-site Project work contained in the scope of the General Contractor’s final construction contract. SECTION 2. EXCLUDED EMPLOYEES The following persons are not subject to the provisions of this Agreement, even though performing work on the Project: a. Superintendents, supervisors (excluding superintendents and general supervisors and forepersons specifically covered by a craft's Schedule A), engineers, inspectors and testers (excluding divers specifically covered by a craft’s Schedule A), quality control/assurance personnel, timekeepers, mail carriers, clerks, office -IB15- GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB workers, messengers, guards, non-manual employees, and all professional, engineering, administrative and management persons; b. Employees of Rutgers or any State agency, authority or entity. c. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery, unless such offsite operations are covered by the New Jersey Prevailing Wage Act by being dedicated exclusively to the performance of the public works contract or building project and are adjacent to the site of work, or involved in deliveries to and from the Project site, excepting local deliveries of all major construction materials including but not limited to fill, ready mix, asphalt, etc. d. Employees of the General Contractor or Contractor, excepting those performing manual, on-site construction labor who will be covered by this Agreement; e. Employees engaged in on-site equipment warranty. f. Employees engaged in geophysical testing (whether land or water) other than boring for core samples; g. h. Employees engaged in laboratory or specialty testing or inspections; Employees engaged in ancillary Project work performed by third parties such as electric utilities, gas utilities, telephone utility companies, and railroads. SECTION 3. NON-APPLICATION TO CERTAIN ENTITIES This Agreement shall not apply to the parents, affiliates, subsidiaries, or other joint or sole ventures of any Contractor or of General Contractor, who do not perform work at the Project. It is agreed, for the purposes of this Agreement only, that this Agreement does not have the effect of creating any joint employment, single employer or alter ego status among, the General Contractor and/or any Contractor. As the contracts which comprise the Project work are completed and accepted, the Agreement shall not have further force or effect on such items or areas except where inspections, additions, repairs, modifications, check-out and/or warranty work are assigned in writing (copy to Local Union involved) by the Contractor for performance under the terms of this Agreement. -IB16GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB ARTICLE 4 - UNION RECOGNITION AND EMPLOYMENT SECTION 1. PRE-HIRE RECOGNITION The Contractors recognize the signatory Unions as the sole and exclusive bargaining representatives of all craft employees who are performing on-site Project work within the scope of this Agreement as defined in Article 3. The Unions recognize that part of the Project work includes historic preservation work and requires highly skilled laborers. SECTION 2. UNION REFERRAL A. The Contractors agree to hire Project craft employees covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in Rutgers University’s Project Manual) established in the Local Unions' area collective bargaining agreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole rights to determine the competency of all referrals, including possession of the requisite expertise for historical renovation work; the number of employees required (except with regard to pile driving); the selection of employees to be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays, and holidays excepted), the Contractor may employ qualified applicants from another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local Union will honor, referral of persons who have applied to the Local Union for Project work and who meet the following qualifications as determined by a Committee of 3 designated, respectively, by the applicable Local -IB17GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Union, the General Contractor and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7: (1) Possess any license required by NJ law for the Project work to be performed; (2) Have worked a total of at least 1000 hours in the Construction craft during the prior 3 years; (3) Were on the Contractor's active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) Have demonstrated ability to safely perform the basic function of the applicable trade. No more than 12 per centum of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above (any fraction shall be rounded to the next highest whole number). C. A certified Minority Business Enterprise/Women Business Enterprise (MBE/WBE) contractor may request through the General Contractor, an exception to, and waiver of, the above per centum limitation upon the number of its employees to be hired through the special provision of Section 2.B above. This exception is based upon hardship and demonstration by the Contractor that the Project work would be the Contractor’s only job and that it would be obliged to lay off qualified minority and female employees in its current workforce moving from the last job. The exception and waiver are also conditioned upon the employees meeting the qualifications as set forth in Section 2.B, above. SECTION 3. NON-DISCRIMINATION IN REFERRALS The Unions represent that their hiring halls and referral systems will be operated in a non-discriminatory manner and in full compliance with all applicable federal, state and local laws and regulations, which require equal employment opportunities. Referrals shall not be affected in any way by the rules, regulations, bylaws, constitutional provisions or any other aspects or obligations of union membership, policies or requirements and shall be subject to such other conditions as are established in this Article. No employment applicant shall be discriminated against by any referral system or hiring hall because of the applicant's union membership, or lack thereof. -IB18GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB SECTION 4. MINORITY AND FEMALE REFERRALS In the event a Union either fails, or is unable, to refer qualified minority or female applicants in percentages equaling Project affirmative action goals as set forth in the Project Manual or the Contractor’s bid specifications, the Contractor may employ qualified minority or female applicants from any other available source as Apprentice Equivalents. Apprentice Equivalents will have completed a DOL approved training program, applied to take a construction Apprenticeship test, and will be paid at not less then the applicable equivalent Apprentice rate. With the approval of the Local Administrative Committee (LAC), experience in construction related areas may be accepted as meeting the above requirements. SECTION 5. CROSS AND QUALIFIED REFERRALS The Unions shall not knowingly refer to a Contractor an employee then employed by another Contractor working under this Agreement. The Local Unions will exert their utmost efforts to recruit sufficient numbers of skilled and qualified craft employees to fulfill the requirements of the Contractor. SECTION 6. UNION DUES / WORKING ASSESSMENTS All employees covered by this Agreement shall be subject to the union security provisions contained in the applicable Schedule A local agreements, as amended from time to time, but only for the period of time during which they are performing on-site Project work and only to the extent of rendering payment of the applicable union dues and assessments uniformly required for union membership in the Local Union, signatory to this Agreement, which represents the craft in which the employee is performing Project work. No employee shall be discriminated against at the Project site because of the employee's union membership or lack thereof. In the case of unaffiliated employees, the dues payment can be received by the Unions as a working assessment fee. SECTION 7. CRAFT FOREPERSONS AND GENERAL FOREPERSONS The selection of craft forepersons and/or general forepersons and the number of forepersons required shall be solely the responsibility of the Contractor except where otherwise -IB19GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB provided by specific provisions of an applicable Schedule A. All forepersons shall take orders exclusively from the designated Contractor representatives. Craft forepersons shall be designated as working forepersons at the request of the Contractor, except when an existing local Collective Bargaining Agreement prohibits a foreperson from working when the craftsperson’s he is leading exceed a specified number. ARTICLE 5 - UNION REPRESENTATION SECTION 1. LOCAL UNION REPRESENTATIVE Each Local Union representing on-site Project employees shall be entitled to designate in writing (with copies to the Contractor and General Contractor ) one representative, and the business manager, who shall be afforded access to the Project. SECTION 2. STEWARDS (a) Each Local Union shall have the right to designate a working journey person as a Steward and an alternate, and shall notify the Contractor and General Contractor of the identity of the designated Steward (and alternate) prior to the assumption of such duties. Stewards shall not exercise supervisory functions and will receive the regular rate of pay for their craft classifications. There will be no non-working Stewards on the Project. (b) In addition to their work as an employee, the Steward shall have the right to receive complaints or grievances and to discuss and assist in their adjustment with the Contractor's appropriate supervisor. Each Steward shall be concerned with the employees of the Steward's Contractor and, if applicable, subcontractors of that Contractor, but not with the employees of any other Contractor. The Contractor will not discriminate against the Steward in the proper performance of Union duties. (c ) The Stewards shall not have the right to determine when overtime shall be worked, or who shall work overtime, except pursuant to a Schedule A provision providing procedures for the equitable distribution of overtime. -IB20GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB SECTION 3. LAYOFF OF A STEWARD Contractors agree to notify the appropriate Union 24 hours prior to the layoff of a Steward, except in cases of discipline or discharge for just cause. If a Steward is protected against layoff by a Schedule A, such provisions shall be recognized to the extent the Steward possesses the necessary qualifications to perform the work required. In any case in which a Steward is discharged or disciplined for just cause, the Local Union involved shall be notified immediately by the Contractor. ARTICLE 6 - MANAGEMENT'S RIGHTS SECTION 1. RESERVATION OF RIGHTS Except as expressly limited by a specific provision of this Agreement, Contractors retain full and exclusive authority for the management of their Project operations including, but not limited to the right to direct the work force, including determination as to the number to be hired and the qualifications therefore; the promotion, transfer, layoff of its employees; or the discipline or discharge for just cause of its employees; the assignment and schedule of work; the promulgation of reasonable Project work rules; and, the requirement, timing and number of employees to be utilized for overtime work. No rules, customs, or practices, which limit or restrict productivity or efficiency of the individual, as determined by the Contractor or General Contractor , and/or joint working efforts with other employees shall be permitted or observed. SECTION 2. MATERIALS, METHODS & EQUIPMENT There shall be no limitations or restriction upon the Contractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location, upon the use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or preassembled materials, tool, or other labor-saving devices. Contractors may, without restriction, install or use materials, supplies or equipment regardless of their source. The on-site installation or application of such items shall be performed by the craft having jurisdiction over such work; provided, however, it is recognized that other personnel having special qualifications may participate, in a supervisory capacity, in the installation, check-out or testing of specialized or unusual equipment or facilities as designated by -IB21GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB the Contractor. Notwithstanding the foregoing statement of contractor rights, prefabrication issues relating to work traditionally performed at the job site shall be governed pursuant to the terms of the applicable Schedule A. There shall be no restrictions as to work, which is performed off-site for the Project, except for work done in a fabrication center, tool yard, or batch plant dedicated exclusively to the performance of work on the Project, and located adjacent to the “site of work”. ARTICLE 7 - WORK STOPPAGES AND LOCKOUTS SECTION 1. NO STRIKES-NO LOCKOUT There shall not be strikes, sympathy strikes, picketing, work stoppages, slowdowns, handbilling, demonstrations or other disruptive activity, including use of inflatable rats, at the Project for any reason by any Union or employee against any Contractor or employer while performing work at the Project. There shall be no other Union, or concerted or employee activity which disrupts or interferes with the operation of the existing free flow of traffic in the project area. Failure of any Union or employee to cross any picket line established by any union, signatory or non-signatory to this Agreement, or the picket or demonstration line of any other organization, at or in proximity to the Project site is a violation of this Article. There shall be no lockout at the Project by any signatory Contractor. Contractors and Unions shall take all steps necessary to ensure compliance with this Section 1 and to ensure uninterrupted construction and the free flow of traffic in the project area for the duration of this Agreement. SECTION 2. DISCHARGE FOR VIOLATION A Contractor may discharge any employee violating Section 1, above, and any such employee will not be eligible thereafter for referral under this Agreement for a period of 100 days. SECTION 3. NOTIFICATION If a Contractor contends that any Union has violated this Article, it will notify the appropriate district or area council of the Local Union involved advising of such fact, with copies of the notification to the Local Union and the Trades Council. The district or area council, and the Trades Council shall each instruct, order and otherwise use their best efforts to cause the employees, and/or the Local Unions to immediately cease and desist from any violation of this Article. A district or area -IB22GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB council, or the Trades Council complying with these obligations shall not be liable for the unauthorized acts of a Local Union or its members. SECTION 4. EXPEDITED ARBITRATION Any Contractor or Union alleging a violation of Section 1 of this Article may utilize the expedited procedure set forth below (in lieu of, or in addition to, any actions at law or equity) that may be brought. A party invoking this procedure shall notify J. J. Pierson, Jr., Esq., who shall serve as arbitrator (“Arbitrator”) under this expedited arbitration procedure. If Mr. Pierson is unavailable to be the Arbitrator, the parties shall use _____________________. Copies of such notification will be simultaneously sent to the alleged violator and, if a Local Union is alleged to be in violation, its International, the General Contractor, the Trades Council, and the Contractor. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Trades Council, and the General Contractor, hold a hearing within 48 hours of receipt of the notice invoking the procedure it is contended that the violation still exists. The hearing will not, however, be scheduled for less than 24 hours after the notice to the district or area council required by Section 3 above. All notices pursuant to this Article may be by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the arbitrator, Contractor or Union involved. The hearing may be held on any day including Saturdays or Sundays. The hearing shall be completed in one session, which shall not exceed 8 hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreed. A failure of any Union or Contractor to attend the hearing shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitrator. The sole issue at the hearing shall be whether a violation of Section 1, above occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Desist Award restraining such violation and serve copies on the Contractor and Union involved. The Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, which issue is reserved solely for court proceedings, if any. The Award shall be issued in writing within 3 hours after the close of the hearing, and may be issued without an Opinion. If any -IB23GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB involved party desires an Opinion, one shall be issued within 15 calendar days, but its issuance shall not delay compliance with, or enforcement of, the Award. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and Contractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding. Any rights created by statue or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union. SECTION 5. ARBITRATION OF DISCHARGES FOR VIOLATION Procedures contained in Article 9 shall not be applicable to any alleged violation of this Article, with the single exception that an employee discharged for violation of Section 1, above, may have recourse to the procedures of Article 9 to determine only if the employee did, in fact, violate the provisions of Section 1 of this Article; but not for the purpose of modifying the discipline imposed where a violation is found to have occurred. ARTICLE 8. - LOCAL ADMINISTRATIVE COMMITTEE (LAC) SECTION 1. THE LOCAL ADMINISTRATIVE COMMITTEE The Local Administrative Committee will meet on a regular basis to implement and oversee this Agreement’s procedures and initiatives; monitor the effectiveness of this Agreement; and identify opportunities to improve efficiency and work execution. -IB24GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB SECTION 2. COMPOSITION The LAC will be co-chaired by the President of the Trades Council or his designee, and a designated representative of the General Contractor. It will be comprised of representatives of the local unions signatory to this Agreement and representatives of the PM other contractors on the Project. ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURE SECTION 1. PROCEDURE FOR RESOLUTION OF GRIEVANCES Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1) shall be considered a grievance and shall be resolved only in the manner described below; provided, in all cases, that the question, dispute or claim arose during the term of this Agreement. Step 1: (a) When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job steward give notice of the claimed violation to the work site representative of the involved Contractor(s). To be timely, such notice of the grievance must be given within 7 calendar days after the act, occurrence, or event giving rise to the grievance, or after the act, occurrence or event became known or should have become known to the Union. The business representative of the Local Union or the job steward and the work site representative of the involved Contractor(s) shall meet and endeavor to adjust the matter within 7 calendar days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party, may, within 7 calendar days thereafter, pursue Step 2 of they grievance procedure by serving the involved Contractor(s) with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, the provisions of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to the specific Local Union, employee and Contractor(s) directly involved, unless the settlement is accepted in writing, by the Contractor(s), as creating a precedent. (b) Should any signatory to this Agreement have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other signatory to this Agreement and, if after conferring, a settlement is not reached within 7 calendar days, the dispute shall be reduced to -IB25GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the adjustment of employee grievances. Step 2: The Business Manager or designee of the involved Local Union, together with representatives of the Trades Council and the involved Contractor(s), shall meet in Step 2 within 5 calendar days of the written grievance to arrive at a satisfactory settlement. Step 3: (a) If the grievance shall have been submitted but not resolved in Step 2, any of the participating Step 2 entities may, within 14 calendar days after the initial Step 2 meeting, submit the grievance in writing (with copies to other participants) to J.J. Pierson, Jr., Esq., who shall act as the Arbitrator under this procedure. The Labor Arbitration Rules of the American Arbitration Association shall govern the conduct of the arbitration hearing, at which all Step 2 participants shall be parties. The decision of the Arbitrator shall be final and binding on the involved Contractor(s), Local Union and employees. The fees and expenses of such arbitration shall be divided equally between the involved Contractor(s) and Local Union. (b) Failure of the grieving party to adhere to the time limits set forth in this Article shall render the grievance null and void. These time limits may be extended only by written consent of the General Contractor , involved Contractor and involved Local Union at the particular step where the extension is agreed upon. The Arbitrator shall have authority to make decisions only on the issues presented to him and shall not have the authority to change, add to, delete or modify any provision of this Agreement. SECTION 2. LIMITATION AS TO RETROACTIVITY No arbitration decision or award may provide retroactivity of any kind exceeding 30 calendar days prior to the date of service of the written grievance on the construction General Contractor and the involved Contractor(s) or Local Union. SECTION 3. PARTICIPATION BY CONTRACTOR -IB26GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB The Contractor shall be notified by the involved Subcontractor of all actions at Steps 2 and 3 and, at its election, may participate in full in all proceedings at these Steps, including Step 3 arbitration. ARTICLE 10 - JURISDICTIONAL DISPUTES SECTION 1. NO DISRUPTIONS There will be no strikes, sympathy strikes, work stoppages, slowdowns, picketing or other disruptive activity of any kind, including use of inflatable rats, arising out of any jurisdictional dispute. Pending the resolution of the dispute, the work shall continue uninterrupted and as assigned by the Contractor. No jurisdictional dispute shall excuse a violation of Article 7. SECTION 2. ASSIGNMENT There shall be a mandatory pre-job markup / assignment meeting prior to the commencement of any work. Attending such meeting shall be designated representatives of the Union signatories to this Agreement, the General Contractor, and the involved Contractors. Best efforts will be made to schedule the pre-job meeting in a timely manner after Notice to Proceed is issued but not later then 30 days prior to the start of the Project. All Project construction work assignments shall be made by the Contractor according to the area practice. SECTION 3. PROCEDURE FOR SETTLEMENT OF DISPUTES Any Union having a jurisdictional dispute with respect to Project work assigned to another Union will submit the dispute in writing to the Administrator, Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) within 72 hours and send a copy of the letter to the other Union involved, the Contractor involved, the Trades Council, and the district or area councils of the unions involved. Upon receipt of a dispute letter from any union, the Administrator will invoke the procedures set forth in the Plan to resolve the jurisdictional dispute. The jurisdictional dispute letter shall contain the information described in Article IV of the Plan. Within 5 calendar days of receipt of the dispute letter, there shall be meeting of the Contractor, the Contractor involved, the Local Unions involved and designees of the Trades Council and -IB27GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB the district or area councils of the Local Unions involved for the purpose of resolving the jurisdictional dispute. In order to expedite the resolution of jurisdictional disputes, the parties have agreed in advance to select Plan Arbitrator J.J. Pierson to hear all unsolved jurisdictional disputes arising under this Agreement. All other rules and procedures of the Plan shall be followed. If the Plan Arbitrator is not available to hear the dispute within the time limits of the Plan, the Plan’s arbitrator selection process shall be utilized to select another arbitrator. In the event that a union involved in the dispute is not a member of the Building and Construction Trades, the dispute shall be submitted directly to Arbitrator Pierson. The Arbitrator will render a short-form decision within 5 days of the hearing based upon the evidence submitted at the hearing, with a written decision to follow within 30 days of the close of hearing. This Jurisdictional Dispute Resolution Procedure will only apply to work Performed by Local Unions at the Project. Any Local Union involved in a jurisdictional dispute on this Project shall continue working in accordance with Section 2 above and without disruption of any kind. SECTION 4. AWARD Any jurisdictional award pursuant to Section 3 shall be final and binding on the disputing Local Unions and the involved Contractor on this Project only, and may be enforced in any court of competent jurisdiction. Such award or resolution shall not establish a precedent on any other construction work not covered by this Agreement. In all disputes under this Article, the Contractor and the involved Contractors shall be considered parties in interest. SECTION 5. LIMITATIONS The Jurisdictional Dispute Arbitrator shall have no authority to assign work to a double crew, that is, to more employees than the minimum required by the Contractor to perform the work involved; nor to assign work to employees who are not qualified to perform the work involved; nor to assign work being performed by non-union employees to union employees. This does not prohibit the establishment, with the written consent of the involved Contractor, of composite crews where more than -IB28GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB 1 employee is needed for the job. The aforesaid determinations shall apply only to whom the disputed work belongs. SECTION 6. NO INTERFERENCE WITH WORK There shall be no interference or interruption of any kind with the work of the Project while any jurisdictional dispute is being resolved. The work shall proceed as assigned by the Contractor until finally resolved under the applicable procedure of this Article. The award shall be confirmed in writing to the involved parties. There shall be no strike, work stoppage or interruption in protest of any such award. ARTICLE 11 - WAGES AND BENEFITS SECTION 1. CLASSIFICATION AND BASE HOURLY RATE All employees covered by this Agreement shall be classified in accordance with the work performed and paid the base hourly wage rates for those classifications as specified in the attached Schedule A, as amended during this Agreement. Recognizing, however, that special conditions may exist or occur on the Project, the parties, by mutual agreement may establish rates and/or hours for one or more classifications, which may differ from Schedule A. Parties to such agreements shall be the Contractor involved, the involved Local Unions and the Trades Council. SECTION 2. EMPLOYEE BENEFIT FUNDS A. The Contractors agree to pay contributions on behalf of all employees covered by this Agreement to the established employee benefit funds in the amounts designated in the appropriate Schedule A; provided, however, that the Contractor and the Union agree that only such bona fide employee benefits as are explicitly required under N.J.S.A. 34:11-56.30 of the New Jersey State Labor Law shall be included in this requirement and paid by the Contractor on this Project under this Agreement. Bona fide jointly trusted fringe benefit plans established or negotiated through collective bargaining during the life of this Agreement may be added if similarly protected under N.J.S.A. 34:1156.30. Contractors shall not be required to contribute to non- N.J.S.A 34:11-56.30 benefits, trusts or plans. -IB29GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB B. The Contractor agrees to be bound by the written terms of the legally established Trust Agreements specifying the detailed basis on which payments are to be paid into, and benefits paid out of, such Trust Funds but only with regard to work done on this Project and only for those employees to whom this Agreement requires such benefit Payments. C. Should any contractor or sub-contractor become delinquent in the payment of contributions to the fringe benefit funds, then the subcontractor at the next higher tier, or upon notice of the delinquency claim from the Union or the Funds, agrees to withhold from the subcontractor such disputed amount from the next advance, or installment payment for work performed until the dispute has been resolved. ARTICLE 12 - HOURS OF WORK, PREMIUM PAYMENTS, SHIFTS AND HOLIDAYS SECTION 1. WORK WEEK AND WORK DAY A. The standard work week shall consist of 40 hours of work at straight time rates per one of the following schedules: 1) Five-Day Work Week: Monday-Friday, 5 days, 8 hours plus 1/2 hour unpaid lunch period each day. 1) Four-Day Work Week: Monday-Thursday; 4 days, 10 hours plus ½ hour unpaid lunch period each day. B. The Day Shift shall commence between the hours of 6:00 a.m. and 9:00 a.m. and shall end between the hours of 2:30 p.m. and 7:30 p.m. Starting and quitting times shall occur at the employees' place of work as may be designated by the Contractor. C. Scheduling - The Contractor shall have the option of scheduling either a five-day workweek, or four-day workweek (when mutually agreed upon on a craft-by-craft basis). The Contractor shall also has the option to set the work day hours consistent with Project requirements, the Project schedule, and minimization of interference with Rutgers Writers House (Camden Campus) traffic flow. When conditions beyond the control of the Contractor, such as severe weather, power failure, fire or natural disaster, prevent the performance of Project work on a regularly scheduled work day, the Contractor may, with mutual agreement of the Local Union on a craft-by-craft basis, schedule -IB30GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Friday (where on 4, 10's) during the calendar week in which a workday was lost, at straight time pay; providing the employees involved work a total of 40 hours or less during that workweek. D. Notice - Contractors shall provide not less than 5 days prior notice to the Local Union involved as to the workweek and work hours schedules to be worked or such lesser notice as may be mutually agreed upon. SECTION 2. OVERTIME Overtime pay for hours outside of the standard work week and work day, described in Article 12, § 1A above, shall be paid in accordance with the applicable Schedule A. There will be no restriction upon the Contractor's scheduling of overtime or the non-discriminatory designation of employees who shall be worked, except as noted in Article 5, Section 2. There shall be no pyramiding of overtime pay under any circumstances. The Contractor shall have the right to schedule work so as to minimize overtime. SECTION 3. SHIFTS A. Flexible Schedules - Scheduling of shift work shall remain flexible in order to meet Project schedules and existing Project conditions including the minimization of interference with other campus operations. It is not necessary to work a day shift in order to schedule a second shift. Shifts must be worked a minimum of five consecutive work days, must have prior approval of the General Contractor and must be scheduled with not less than five work days notice to the Local Union. B. Second/Shift - The second shift (starting between 2 p.m. and 8p.m.) shall consist of 8 hours work (or 10 hours of work) for an equal number of hours pay at the straight time rate plus 15% in lieu of overtime and exclusive of a 1/2 hour unpaid lunch period. C. Flexible Starting Times – Shift starting times will be adjusted by the Contractor as necessary to fulfill Project requirements subject to the notice requirements of Paragraph A. -IB31GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB D. Four Tens - When working a four-day work week, the standard work day shall consist of 10 hours work for 10 hours of pay at the straight time rate exclusive of an unpaid 1/2 hour meal period and regardless of the starting time. This provision is applicable to night shifts only, and such night shifts are subject to the shift differential in paragraph B above. E. It is agreed that when project circumstances require a deviation form the above shifts, the involved unions and contractors shall adjust the starting times of the above shifts or establish shifts which meet the project requirements. It is agreed that neither party will unreasonably withhold their agreement. SECTION 4. HOLIDAYS A. Schedule - There shall be 8 recognized holidays on the Project: New Years Day Labor Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Fourth of July Christmas Day All of the above holidays shall be observed on the dates designated by New Jersey State Law. In the absence of such designations, they shall be observed on the calendar date except those holidays which occur on Sunday shall be observed on the following Monday. Holidays falling on Saturday are to be observed on the preceding Friday. B. Payment - Regular holiday pay, if any, and/or premium pay for work performed on such a recognized holiday shall be in accordance with the applicable Schedule A. C. Exclusivity - No holidays other than those listed in Section 4.A, above shall be recognized nor observed except in Presidential Election years when Election Day is a recognized holiday. SECTION 5. REPORTING PAY A. Employees who report to the work location pursuant to regular schedule -IB32- GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB and who are not provided with work or whose work is terminated early by a Contractor, for whatever reason, shall receive minimum reporting pay in accordance with the applicable Schedule A. B. When an employee, who has completed his/her scheduled shift and left the Project site, is "called back" to perform special work of a casual, incidental or irregular nature, the employee shall receive pay for actual hours worked with a minimum guarantee, as may be required by the applicable Schedule A. C. When an employee leaves the job or work location of his/her own volition or is discharged for cause or is not working as a result of the Contractor's invocation of Section 7 below, they shall be paid only for the actual time worked. D. Except as specifically set forth in this Article there shall be no premiums, bonuses, hazardous duty, high time or other special payments of any kind. E. There shall be no pay for time not actually worked except as specifically set forth in this Agreement and except where an applicable Schedule A requires a full week’s pay for forepersons. SECTION 6. PAYMENT OF WAGES A. Payday - Payment shall be made by check, drawn on a New Jersey bank with branches located within commuting distance of the job site. Paychecks shall be issued by the Contractor at the job site by 10 a.m. on Thursdays. In the event that the following Friday is a bank holiday, paychecks shall be issued on Wednesday of that week. Not more than 3 days wages shall be held back in any pay period. Paycheck stubs shall contain the name and business address of the Contractor, together with an itemization of deductions from gross wages. B. Termination-Employees who are laid-off or discharged for cause shall be paid in full for that which is due them at the time of termination. The Contractors shall also provide the employee with a written statement setting forth the date of lay off or discharge. -IB33GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB SECTION 7. EMERGENCY WORK SUSPENSION A Contractor or the General Contractor may, if considered necessary for the protection of life and/or safety of employees or others, suspend all or a portion of Project Work. In such instances, employees will be paid for actual time worked; provided, however, that when a Contractor requests that employees remain at the job site available for work, employees will be paid for "stand-by" time at their hourly rate of pay. SECTION 8. INJURY/DISABILITY An employee who, after commencing work, suffers a work-related injury or disability while performing work duties, shall received no less than 8 hours wages for that day. Further, the employee shall be rehired at such time as able to return to duties provided there is still work available on the Project for which the employee is qualified and able to perform. SECTION 9. TIME KEEPING A Contractor may utilize brassing or other systems to check employees in and out. Each employee must check in and out. The Contractor will provide adequate facilities for checking in and out in an expeditious manner. SECTION 10. MEAL PERIOD A Contractor shall schedule an unpaid period of not more than 1/2 hour duration at the work location between the 3rd and 5th hour of the scheduled shift. A Contractor may, for efficiency of operation, establish a schedule which coordinates the meal periods of two or more crafts. If an employee is required to work through the meal period, the employee shall be compensated in a manner established in the applicable Schedule A. SECTION 11. BREAK PERIODS There will be no rest periods, organized coffee breaks or other non-working time established during working hours. Individual coffee containers will be permitted at the employee's work location. Local area practice will prevail for coffee breaks that are not organized. -IB34GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB ARTICLE 13 - APPRENTICES SECTION 1. RATIOS Recognizing the need to maintain continuing supportive programs designed to develop adequate numbers of competent workers in the construction industry and to provide craft entry opportunities for minorities, women and economically disadvantaged non-minority males, Contractors will employ apprentices in their respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured. Contractors may utilize apprentices and such other appropriate classifications as are contained in the applicable Schedule A in a ratio not to exceed 25% of the work force by craft (without regard to whether a lesser ratio is set forth in Schedule A), unless the applicable Schedule A provide for a higher percentage. Apprentices and such other classifications as are appropriate shall be employed in a manner consistent with the provisions of the appropriate Schedule A. SECTION 2. DEPARTMENT OF LABOR To assist the Contractors in attaining a maximum effort on this Project, the Unions agree to work in close cooperation with, and accept monitoring by, the New Jersey State and Federal Departments of Labor to ensure that minorities, women, or economically disadvantaged are afforded opportunities to participate in apprenticeship programs which result in the placement of apprentices on this Project. To further ensure that this Contractor effort is attained, up to 50% of the apprentices placed on this Project should be first year, minority, women or economically disadvantaged apprentices. The Local Unions will cooperate with Contractor request for minority, women or economically disadvantaged referrals to meet this Contractor effort. ARTICLE 14 - SAFETY PROTECTION OF PERSON AND PROPERTY SECTION 1. SAFETY REQUIREMENTS Each Contractor will ensure that applicable OSHA requirements and other requirements set forth in the contract documents are at all times maintained on the Project and the employees and -IB35GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB Unions agree to cooperate fully with these efforts. Employees must perform their work at all times in a safe manner and protect themselves and the property of the Contractor and the Owner from injury or harm. Failure to do so will be grounds for discipline, including discharge. SECTION 2. CONTRACTOR RULES Employees covered by this Agreement shall at all times be bound by the reasonable safety, security, and visitor rules as established by the Contractors and the General Contractor for this Project. Such rules will be published and posted in conspicuous places throughout the Project. SECTION 3. INSPECTIONS The Contractors and General Contractor retain the right to inspect incoming shipments of equipment, apparatus, machinery and construction materials of every kind. ARTICLE 15 - NO DISCRIMINATION SECTION 1. COOPERATIVE EFFORTS The Contractors and Unions agree that they will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or age in any manner prohibited by law or regulation. It is recognized that special procedures may be established by the Contractors and Local Unions and the New Jersey State Department of Labor for the training and employment of persons who have not previously qualified to be employed on construction projects of the type covered by this Agreement. The parties to this Agreement will assist in such programs and agree to use their best efforts to ensure that the goals for female and minority employment are met on this Project. SECTION 2. LANGUAGE OF AGREEMENT The use of the masculine or feminine gender in this Agreement shall be construed as including both genders. -IB36GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB ARTICLE 16 - GENERAL TERMS SECTION 1. PROJECT RULES The General Contractor and the Contractors shall establish such reasonable Project rules as are appropriate for the good order of the Project, provided they do not violate the terms of this agreement. These rules will be explained at the pre-job conference and posted at the Project site and may be amended thereafter as necessary. Failure of an employee to observe these rules and regulations shall be grounds for discipline, including discharge. The fact that no order was posted prohibiting a certain type of misconduct shall not be a defense to an employee disciplined or discharged for such misconduct when the action taken is for cause. SECTION 2. TOOLS OF THE TRADES The welding/cutting torch and chain fall, are tools of the particular trade having jurisdiction over the work performed. Employees using these tools shall perform any of the work of the trade. There shall be no restrictions on the emergency use of any tools or equipment by any qualified employee or on the use of any tools or equipment for the performance of work within the employee's jurisdiction. SECTION 3. SUPERVISION Employees shall work under the supervision of the craft foreperson or general foreperson. SECTION 4. TRAVEL ALLOWANCES There shall be no payments for travel expenses, travel time, subsistence allowance or other such reimbursements or special pay except as expressly set forth in this Agreement and in Schedule A limited to travel expenses. SECTION 5. FULL WORK DAY Employees shall be at their staging area at the starting time established by the Contractor and shall be returned to their staging area by quitting time after performing their assigned functions -IB37GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB under the supervision of the Contractor. The signatories reaffirm their policy of a fair day's work for a fair day's wage. SECTION 6. COOPERATION The General Contractor and the Unions will cooperate in seeking any New Jersey Department of Labor approvals that may be required for implementation of any terms of this Agreement. ARTICLE 17 - SAVINGS AND SEPARABILITY SECTION 1. THIS AGREEMENT In the event that the application of any provision of this Agreement is enjoined, on either an interlocutory or permanent basis, or otherwise found in violation of law, the provision involved shall be rendered, temporarily or permanently, null and void but the remainder of the Agreement shall remain in full force and effect. In such event, the Agreement shall remain in effect for contracts already bid and awarded or in construction where the Contractor voluntarily accepts the Agreement. The parties to this Agreement will enter into negotiations for a substitute provision in conformity with the law and the intent of the parties for contracts to be let in the future pertaining to this project. SECTION 2. THE BID SPECIFICATIONS In the event that the Contractor’s bid specifications, or other action, requiring that a successful bidder become signatory to this Agreement is enjoined, on either an interlocutory or permanent basis, or otherwise found in violation of law such requirement shall be rendered, temporarily or permanently, null and void but the Agreement shall remain in full force and effect to the extent allowed by law. In such event, the Agreement shall remain in effect for contracts already bid and awarded or in constructions where the Contractor voluntarily accepts the Agreement. The parties will enter in to negotiations as to modifications to the Agreement to reflect the court action taken and the intent of the parties for contracts to be let in the future pertaining to this project. -IB38GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB SECTION 3. NON-LIABILITY In the event of an occurrence referenced in Section 1 or Section 2 of this Article, neither the General Contractor, nor any Contractor, or any signatory Union shall be liable, directly or indirectly, for any action taken, or not taken, to comply with any court order, injunction or determination. Project bid specifications will be issued in conformance with court orders in effect and no retroactive payments or other action will be required if the original court determination is ultimately reversed. SECTION 4. NON-WAIVER Nothing in this Article shall be construed as waiving the prohibitions of Article 7 as to signatory Contractors and signatory Unions. ARTICLE 18 - FUTURE CHANGES IN SCHEDULE A AREA CONTRACTS SECTION 1. CHANGES TO AREA CONTRACTS A. Schedule A shall continue in full force and effect until the Contractor and/or Union parties to the Area Collective Bargaining Agreements which are the basis for Schedule A notify the Contractor in writing of the mutually agreed upon changes in provisions of such agreements which are applicable to the Project, and their effective dates. B. It is agreed that any provisions negotiated into Schedule A collective bargaining agreements will not apply to work on this Project if such provisions are less favorable to this Project than those uniformly required of contractors for construction work normally covered by those agreements; nor shall any provisions be recognized or applied on this Project if it may be construed to apply exclusively, or predominantly, to work covered by this Project Agreement. C. Any disagreement between signatories to this Agreement over the incorporation into Schedule A of provisions agreed upon in the renegotiations of Area Collective Bargaining Agreements shall be resolved in accordance with the procedure set forth in Article 9 of this Agreement. SECTION 2. LABOR DISPUTES DURING AREA CONTRACT NEGOTIATIONS The Unions agree that there will be no strikes, work stoppages, sympathy actions, picketing, slowdowns or other disruptive activity or other violations of Article 7 affecting the Project by -IB39GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB any Local Union involved in the renegotiations of Area Local Collective Bargaining Agreements nor shall there by any lock-out on the Project affective a Local Union during the course of such renegotiations. -IB40GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB IN WITNESS WHEREOF the parties have caused this Agreement to be executed and effective as of the _______________ day of ______________, 2014. SIGNATORIES: ___________________________________(“General Contractor”) Print Name of Company _________________________________________ Signature Line Print Name: _____________________________ Print Title: _____________________________ --------- -------------------------------------------------------------- UNITED BUILDING & CONSTRUCTION TRADES COUNCIL OF SOUTHERN NEW JERSEY, AFL-CIO ______________________________________________________________________ United Building & Construction Trades Council of Southern New Jersey (“Trades Council”) (“Local Unions”:) _________________________________________ Asbestos Workers #14 _________________________________________ Bricklayers #2 _________________________________________ Bricklayers #5 _________________________________________ Carpenters #393 _________________________________________ Cement Mason #592 _________________________________________ Electrical Workers #351 -IB41GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB _________________________________________ Glazier #252 _________________________________________ Iron Workers #399 _________________________________________ Laborers #172 _________________________________________ Laborers 222 _________________________________________ Operating Engineers #825 _________________________________________ Painters #711 _________________________________________ Plasterers #8 _________________________________________ Plumbers/Pipe Fitters #322 _________________________________________ Roofers #30 _________________________________________ Sheet Metal Workers # 19 _________________________________________ Signmakers #194 _________________________________________ Sprinkler #692 _________________________________________ Teamsters # 676 _________________________________________ Tile/Marble #7 _________________________________________ Wharf & Dock #454 -IB42GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB EXHIBIT A LETTER OF ASSENT PROJECT LABOR AGREEMENT FOR THE CONSTRUCTION OF THE RUTGERS WRITERS HOUSE PROJECT IN CAMDEN, NEW JERSEY The undersigned, as a contractor(s) or subcontractor(s) on a contract which is subject to the Project Labor Agreement for the construction of The Rutgers Writing House Project in Camden, New Jersey, for an in consideration of the award of a contract to perform work on said Project, and in further consideration of the mutual promises made in the Project Labor Agreement, a copy of which was received and hereby is acknowledged: (1) On behalf of itself and all its employees, accepts and agrees to be bound by terms and conditions of the Project Labor Agreement together with any and all amendments and supplements now existing or which are later made thereto provided that such amendments or supplements are in writing and agreed to by the original signatories to the Project Labor Agreement. (2) Certifies that it has no commitments or agreements which would preclude its full compliance with the terms and conditions of said Project labor Agreement. (3) Agrees to secure from any Contractor(s) (as defined in said Project Labor Agreement) which is or becomes a subcontractor(s) (of any tier), a duly executed Letter of Assent in form identical to this document prior to commencement of any work. [__________________________________] Type/print name of company Dated: ______________________ __________________________________ Signature of Authorized Representative __________________________________ Print Name and Title EXHIBIT “2” TO INSTRUCTIONS TO BIDDERS -IB43GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House IB BIDDER’S PROJECT LABOR AGREEMENT ACKNOWLEDGMENT STATE OF NEW JERSEY ) ) ss.: COUNTY OF ____________ ) By submitting the within bid to Rutgers, The State University of New Jersey (“Rutgers”) for the Rutgers Writers House (the “Project”), the undersigned bidder hereby acknowledges and agrees that: (i) it has reviewed and is familiar with the Instructions to Bidders and the draft Project Labor Agreement attached thereto as Exhibit 1 (the “PLA”); (ii) it understands that if awarded a contract for construction of the Project, bidder shall enter into the PLA in accordance with the terms and conditions set forth in draft PLA within fifteen (15) days of execution of such contract; and (iii) strict compliance by bidder with the terms of the PLA is a material provision of bidders’ contract with Rutgers. Dated: ____________________________ By: _____________________________ For: _____________________________ Title: ___________________________ ___________________________ Notary Public -IB44GC AGREEMENT, Revision Date: 4-23-2014 Project Name: Writers House RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY BID FORM For Owner-General Contractor Agreement Project Name: Rutgers Writers House Camden Rutgers, The State University of New Jersey, an educational corporation having its principal office on the College Avenue Campus, in the City of New Brunswick, New Jersey, hereinafter called the “Owner”, intends to construct certain improvements as described more fully in the project drawings and specifications. Terms used herein shall have the meanings as defined in Article 1 of the General Conditions. BF1.0 CONTACT INFORMATION BF1.1 The contact information of the entity submitting this Bid Form is identified below. CONTRACTOR: ____________________________________________________________ ADDRESS: ____________________________________________________________ CITY/STATE: ____________________________________________________________ COUNTY: ____________________________________________________________ STATE OF INCORPORATION, IF APPLICABLE:_________________________________ TEL. NO.: ____________________________________________________________ FAX. NO.: ____________________________________________________________ SUBMITTED BY:___________________________________________________________ DATE: ____________________________________________________________ BID BOND ENCLOSED: ____ or CERTIFIED CHECK ENCLOSED: ___ (check one) BF2.0 ADDENDA BF2.1 The prospective Contractor acknowledges receipt of the following Addenda: ADDENDUM NUMBER DATE OF ADDENDUM ______________________ ____________________________________ ______________________ ____________________________________ ______________________ ____________________________________ ______________________ ____________________________________ ______________________ ____________________________________ ______________________ ____________________________________ BF3.0 BASE BID (Include Allowance) BASE BID ($______________________________) ____________________________________________________________________________________ ______________________________________________________ DOLLAR AMOUNT IN WORDS. The prospective Contractor agrees that this bid shall be valid for sixty (60) days from the bid opening date. In the event of any discrepancy between the amount identified in words and the amount identified in numbers, then the amount shown above in words shall govern. -BF1GC AGREEMENT, Revision Date 4-7-2014 Project Name: Writers House Project name : Writers House BID SUMMARY The prospective Contractor shall complete the Bid Summary identified below. The prospective Contractor acknowledges, however, that any content provided in the Bid Summary below is for the Owner’s information only. Any discrepancy between the information included in the Bid Summary, including the sum obtained from adding the individual quantities inserted into the Bid Summary, will be disregarded and only the amount of the Base Bid that is identified above shall be used together with any awarded alternates to determine the lowest bid, and the amount of the contract sum. BID SUMMARY Name of prospective Contractor: ________________________________________________________ Project Name: Rutgers Writers House Camden DESCRIPTION INSURANCE (CGL and Excess/Umbrella) INSURANCE (WC and Employers Liability) INSURANCE (Builders Risk) INSURANCE (All not included in foregoing) BONDS (Bid and Payment & Performance) OVERHEAD & PROFIT DIVISION 1 GENERAL CONDITIONS (Exclude, however, any Alternate(s) pricing from the General Conditions amount here.) DIVISION 2 Existing Conditions DIVISION 3 Concrete DIVISION 4 Masonry DIVISION 5 Metals DIVISION 6 Wood, Plastics and Composites DIVISION 7 Thermal and Moisture Protection DIVISION 8 Openings DIVISION 9 Finishes DIVISION 10 Specialties DIVISION 11 Equipment DIVISION 12 Furnishings DIVISION 14 Conveying Equipment DIVISION 21 Fire Suppression DIVISION 22 Plumbing DIVISION 23 HVAC DIVISION 26 Electrical DIVISION 28 Electronic Safety and Security DIVISION 31 Earthwork DIVISION 32 Exterior Improvements DIVISION 33 Utilities Allowance DOLLAR AMOUNT (in numbers) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $20,000.00 Division numbers 13, 15-20, 24-25, 27, 29-30 intentionally not used. -BF2GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House BF4.0 BID ALTERNATES PRICING BF4.1 The prospective Contractor shall identify the amount of each alternate in both numbers and words. In the event of any discrepancy between the amount identified in words and the amount identified in numbers, then the amount shown in words shall govern. Alternate 1 is an addition to the base bid. Base Bid: Rehabilitation of the existing Henry Genet Taylor House, utilities and site work as indicated on the Drawings (Sheets indicated without the suffix A) and as specified in the Specifications. Alternate #1: Construction of new addition and sitework as indicated on the Drawings (Sheets indicated with the suffix A) and as specified in the Specifications. If Alternate #1 is accepted by the Owner, the following items of work that are now included in the Base Bid scope of work shall be omitted, and the Alternate price shall include a credit for these items. New fire escape, associated window protection, egress lighting and sitework within the area of the new addition. New wheelchair lift and associated electrical components. Temporary condenser locations and associated piping. Temporary free-standing fire department connection and associated piping. 1. ALTERNATE No. 1 –. NET ADD _____________________________________________ Dollars ($ __________________). In Words END OF BID ALTERNATE PRICING -BF3GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House BF5.0 UNIT PRICES BF5.1 The prospective Contractor shall identify the amount of each unit price in both numbers and words. The Owner reserves the right to accept, reject, and/or negotiate the unit prices. In the event of any discrepancy between the amount identified in words and the amount identified in numbers, then the amount shown in words shall govern. The unit price to add an item shall not deviate from the unit price to deduct such item by more than ten percent. SCHEDULE OF UNIT PRICES C. Unit Price No. 1: Grout Consolidation of Basement Rubble Walls ADD ______________________ $/square foot. D. Unit Price No. 2: Underpinning as per the contract drawings. ADD _______________________$/cubic yard. E. Unit Price No. 3: Reinforcing of typical floor joists per sections and details on S-1.1 ADD________________________ $/ea occurrence. F. Unit Price No. 4: Replacement of (E) rafters with (2) 2 x 8 as per contract drawings. ADD________________________ $/ea occurrence. G. Unit Price No. 5: Reinforcing of deteriorated rafter ends with (2) 2x8’s per contract drawings. ADD_________________________$/ea occurrence. H. Unit Price No. 6: Repointing of interior attic gable party walls in addition to the quantity shown on the contract drawings. ADD__________________________$/square foot. I. Unit Price No. 7: Replacement brick at interior attic gable party walls in addition to the quantity shown on the contract drawings. ADD___________________________$/unit. J. Unit Price No. 8: Replacement common brick at chimney to be rebuilt in addition to the available salvaged brick. ADD____________________________$/unit. K. Unit Price No. 9: Replacement terra cotta coping pieces to match existing in addition to the quantity shown on the contract drawings. -BF4- GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House ADD____________________________$/unit. L. Unit Price No. 10: Replacement roman brick to match existing if required for rebuilding portion of south façade as indicated on drawings. ADD ____________________________$/unit. M. Unit Price No. 11: Replacement wood soffit and cornice in addition to the quantity shown on the contract drawings. ADD_________________________$/linear foot. N. Unit Price No. 12: Replacement interior wood trim or baseboard to match existing in addition to the quantity shown on the contract drawings. ADD___________________________$/linear foot. O. Unit Price No. 13: Replacement exterior wood trim or brick molding to match existing. ADD___________________________$/linear foot. END OF UNIT PRICES -BF5GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House BF6.0 DISCLOSURE OF OWNERSHIP BF6.1 The prospective Contractor shall provide the names and addresses of all persons and entities who own 10% or more of the stock or assets of the legal entity (corporation, partnership, individual, joint venture, or other entity) under whose name the bid is submitted and under whose name this Agreement will be executed if the bid is accepted by the Owner. Attach additional pages if necessary. NAMES ADDRESSES __________________________ ________________________________________________ __________________________ ________________________________________________ __________________________ ________________________________________________ __________________________ ________________________________________________ __________________________ ________________________________________________ __________________________ ________________________________________________ BF7.0 REPRESENTATIONS BF7.1 The prospective Contractor represents that no person, firm, or organization has been employed or retained to solicit or secure this Agreement (other than a good faith officer or employee working solely for the prospective Contractor) for a commission, percentage, brokerage, or contingent fee. BF7.2 The prospective Contractor represents that the prospective Contractor and its officers, agents, and employees have not and will not enter into any agreement, participate in any collusion, fraud, or otherwise take any action which is in restraint of free competitive bidding in connection with this Project, and that it did not submit this bid for the benefit of another prospective Contractor. BF7.3 The prospective Contractor represents that the prospective Contractor and its officials, agents, and employees have not and shall not pay any fee, donation, commission, or compensation of any kind or provide any gift or gratuity of any kind, either directly or indirectly in connection with this Agreement to any member of the Board of Governors or Board of Trustees of Rutgers, The State University of New Jersey, or to any of the Owner’s employees, servants, or agents, or to any officer or employee of the State of New Jersey, or to any other person, firm, or organization. -BF6GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House BF7.4 If the prospective Contractor cannot warrant any of the foregoing, then it agrees to submit along with the Bid Form a written explanation of which representations cannot be made and why such representations cannot be made. BF7.5 If this bid is accepted by the Owner, the prospective Contractor agrees that it shall perform the Work in exchange for payment of the Base Bid and shall perform the selected alternates in exchange for payment of the amount allocated for such alternates. BF7.6 The prospective Contractor certifies that all of the statements contained in this Bid Form are true and correct and made with full knowledge of the information contained herein. The prospective Contractor acknowledges that the Owner relies upon the truth of the statements contained herein. The individual signing this Agreement certifies that he/she is fully authorized to sign this bid on behalf of the prospective Contractor. BF8.0 BID SUBMISSION BF8.1 Each bidder shall provide the Owner with four (4) separate sets of its bid. The bidder’s bid shall not include copies of all of the exhibits that are identified in the Table of Contents. Rather, the four separate sets of the bid shall include only those items enumerated in the Bid Submission Checklist that is in the Instructions to Bidders. BF8.2 By submitting this bid, bidder certifies to Rutgers University that bidder is not currently on the debarred list for any reason as maintained / published by the State of New Jersey. Submitted by: ATTEST: ______________________________ (Bidder’s Legal Name of Entity) ____________________________ Bidders Secretary’s signature (if corporation) ______________________________ (Signature) (COMPANY SEAL) (if corporation) ______________________________ (Typed Name) ____________________________ (Typed Name) ______________________________ (Typed Title) -BF7GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House THE PROSPECTIVE CONTRACTOR SHALL NOT ENTER INFORMATION OR PROVIDE SIGNATURES BELOW THIS BOX UNTIL ADVISED BY THE OWNER. The Owner accepts the Base Bid and the following alternates (if any): ____________________. Accordingly, the Contract Sum is: ___________________________________________________ _________________________________________________________________________________ Dollars ($ _____________________________). The Owner, at the time of signing this document, hereby EXERCISES / DOES NOT EXERCISE (Owner to circle the appropriate selection) its right to implement an Owner Controlled Insurance Program (an “OCIP”) for this Project. As identified in Exhibit I, the total insurance and related costs deduct to this contract due to the implementation of the OCIP will be calculated by the OCIP Administrator prior to Final Payment to the Contractor and will be memorialized in a deductive Change Order(s) to the contract. If the preceding paragraph identifies that the Owner has elected to implement an OCIP, the certificates of insurance that are required under Exhibit I at Section Exhibit I 5.7 shall be sent to the following address: Rutgers, The State University of New Jersey TBD __________________________________________ Attn: OCIP Administration Department The Owner’s signature below constitutes the Owner’s acceptance of the above bid and alternates, if any. Thereafter, the entity that submitted such bid shall be referred to as the “Contractor” and the obligations and representations of the prospective Contractor herein shall be deemed the obligations and representations of the Contractor. The Owner and the Contractor entered this Agreement on this ____ day of __________ 2014. Each individual signing this Agreement certifies and affirms that he/she is fully authorized to sign this Agreement on behalf of the respective party. Initials: Contractor_________________________________ Owner:___________________________________ -BF8GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House OWNER: RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY ______________________________ J. Michael Gower Senior Vice President for Finance and Treasurer STATE OF NEW JERSEY COUNTY OF MIDDLESEX On this ______________day of _________________2014, before me the subscriber, a Notary Public of the State of New Jersey, personally appeared J. Michael Gower the Senior Vice President for Finance and Treasurer of Rutgers, The State University of New Jersey, who, I am satisfied, is the person who signed the foregoing Agreement and acknowledged that he signed such Agreement as such officer of such entity, and that he has the authority of the entity to enter this Agreement and that entering this Agreement is his voluntary act and the voluntary act of the entity made by virtue of authority from its Board of Governors. ___________________________________ A Notary Public of New Jersey My Commission expires________________ -BF9GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Project name : Writers House CONTRACTOR: The signature below represents the Contractor’s acknowledgement that the Owner has accepted the bid of the entity identified below. ATTEST: ______________________________ Secretary (COMPANY SEAL) (if corporation) ______________________________ Contractor’s Name Signature: ______________________________ Name: ______________________________ Title: ______________________________ STATE OF NEW JERSEY COUNTY OF MIDDLESEX On this ______________day of ____________ 2014 before me the subscriber, a Notary Public of the State of New Jersey, personally appeared _______________________________ the _______________________________ of _______________________, who, I am satisfied, is the person who signed the foregoing Agreement and acknowledged that he/she signed such Agreement as such officer of such entity, and that he/she has the authority of the entity to enter this Agreement and that entering this Agreement is his/her voluntary act and the voluntary act of the entity. ___________________________________ A Notary Public of New Jersey My Commission expires________________ END OF BID FORM -BF10GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT A BID BOND Bond No.: ______________________________ KNOW ALL PERSONS BY THESE PRESENTS; that the undersigned ____________________________________________________, as Principal (hereinafter “Principal”) and _________________________________________, as Surety, a ______________ corporation with home offices located at ________________________, ____________, __________________ (hereinafter “Surety”), are hereby held and firmly bound unto Rutgers, The State University of New Jersey, as Obligee (hereinafter “Owner”), in the sum of ($________________), _____________________________________________________________ Dollars for the payment of which sum, well and truly to be made, Principal and Surety hereby jointly and severally bind themselves, and their respective heirs, administrators, executors, successors and assigns. WHEREAS, the Principal has submitted to Owner a certain bid, dated on or after the date of this Bid Bond, for the construction of the Project, or that portion thereof, as is described in the bid (hereinafter “Bid”) and known as the Rutgers Writers House project. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Owner shall reject the Bid, or if the Owner shall accept the Bid of Principal and the Principal shall in accordance with such Bid: 1. 2. 3. 4. properly execute and deliver to the Owner the Agreement (as defined in the General Conditions) to which this Bid Bond is attached; deliver to the Owner a properly executed Payment and Performance Bond in the form required in the form attached to the Agreement as an exhibit for the faithful performance of such Agreement and for the payment of all persons performing labor or furnishing materials in connection therewith; deliver to the Owner properly executed insurance certificates, and any other documents which the Contract Documents require to be furnished at or before the execution of the Agreement; and shall in all other respects perform the Agreement created by the acceptance of such Bid, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety, for value received, hereby stipulates and agrees that its obligations shall in no way be impaired or affected by an extension of the time within which the Owner may accept the Bid of the Principal; and Surety does hereby waive notice of any such extension. -E1GC AGREEMENT, Revision Date: 1-23-2013 Project Name: Writers House IN WITNESS WHEREOF, Principal and Surety have hereunto caused this Bid Bond to be duly executed and acknowledged as set forth below on this ____ day of ________________, 2014. (Impress Corporate Seal, if applicable) ATTEST: ____________________________ Name: Title: Principal By: Name: Title: Corporate Acknowledgement STATE OF COUNTY OF : : ss. : On this _______ day of _______________, 20___, before me appeared _______________________, to me known, who being by me duly sworn, did depose and say that (s)he is the _______________________ of ______________________________, the corporation acting as Principal in and which executed the foregoing Bid Bond; that (s)he knew the seal of said corporation; that the seal affixed to the foregoing Bid Bond is the corporate seal of said corporation; and that the foregoing Bid Bond was signed, sealed and delivered on behalf of said corporation by its authority duly given as the voluntary act and deed of said corporation. IN WITNESS WHEREOF, the said _____________________ has subscribed and sworn to the foregoing oaths before me, and I have hereunto set my hand and affixed my official seal the day and year first above written. ______________________________ Notary Public (Seal) My Commission Expires: (Impress Corporate Seal) Surety ATTEST: By: Name: Title: Attorney-in-Fact NOTE: An original Power of Attorney bearing same date as Bid Bond must be attached. -E2GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT B CONSENT OF SURETY TO PROVIDE PAYMENT AND PERFORMANCE BOND A payment and performance bond will be required from the successful contractor on this project, and consequently, all bidders shall submit, with their bid, a consent of surety in substantially the following form: To: Rutgers, The State University of New Jersey Re: ______________________________________________________________________________ (Contractor) ____________________________________________ (Project Name) This is to certify that the _______________________________________________________________ (Surety Company) will provide to Rutgers, The State University of New Jersey a payment and performance bond in the full amount of the awarded contract in the event that said contractor is awarded a contract for the above project. __________________________________________________________ (Contractor) ___________________________________________________________ (Authorized Agent of Surety Company) Date:_____________, 20____ CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE SUBMITTING THE BID. -E3GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT C -E4GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT D -E5GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House -E6GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT E AFFIDAVIT OF OUTREACH TO: FROM: PROJECT: Rutgers, The State University of New Jersey (“Owner”) ____________________________ (“Contractor”) Construction of the ____________________________ (the “Project”) The Contractor made a good faith outreach effort to engage Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) as subcontractors and made a good faith endeavor to meet the MBE and WBE targets in connection with the Project. Attached hereto are MBE/WBE Data Sheets that accurately recording the outreach effort with respect to each MBE and WBE contacted regarding the Project. Sworn to before me on this _____ day of ____________, 20___. ___________________________________ (Notary Public) (SEAL) ____________________________________ (Signature) ____________________________________ (Typed Name and Title) ___________________ (Date) -E7GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT F MBE/WBE DATA SHEET TO: FROM: PROJECT: Rutgers, The State University of New Jersey (“Owner”) ____________________________ (“Contractor”) Construction of the ____________________________ (the “Project”) DATE: ___________________ Instructions: This form is to enable you to demonstrate your outreach efforts to engage MBE and WBE subcontractors. Please use one sheet for each potential MBE or WBE contacted. 1. MBE/WBE Business Name: 2. Address and Telephone: 3. Status: MBE ___ or WBE ___ (check one) 4. Name of contact(s) at business: 5. Describe the potential subcontract work which this business was contacted about: 6. Did this potential subcontractor bid for the work described in paragraph 5? 7. Could this business be awarded a subcontract if you were awarded the prime contract? 8. If the answer to questions 7 is no, then explain the reason for this decision. -E8GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT G PAYMENT AND PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; that the undersigned ____________________________________________________, as Principal (hereinafter “Principal”) and _________________________________________, as Surety, a ______________ corporation with home offices located at ________________________, ____________, ____________ ______ (hereinafter “Surety”), are hereby held and firmly bound unto Rutgers, The State University of New Jersey, as Obligee (hereinafter “Owner”), in the penal sum of ($________________), _____________________________________________________________ Dollars for the payment of which sum, well and truly to be made, Principal and Surety hereby jointly and severally bind themselves, and their respective heirs, administrators, executors, successors and assigns. WHEREAS, Principal and Owner have entered into a written Agreement dated _____________________, 20_____ for the construction of the Project known as _________________________ project all as more fully described and set forth in said Agreement and the Contract Documents identified therein, which are hereby incorporated in and made a part of this Payment and Performance Bond with the same force and effect as if fully set forth at length herein; and WHEREAS, the Agreement requires that Principal furnish this Payment and Performance Bond to the Owner. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that Section 1. (i) if Principal shall well and fully perform all of the undertakings, covenants, terms, conditions and provisions of the Agreement within the Contract Time and any extensions thereof that may be granted by the Owner, and during the term of any warranties or guarantees contained in or required in the Agreement and thereafter as the Agreement may permit, and shall also well and truly perform all the undertakings, covenants, terms, conditions and agreements of any and all Change Orders or Addendum that may hereafter be made, and (ii) if Principal shall promptly make payment to all Claimants (as hereafter defined), for all labor, and Materials (as hereinafter defined), and (iii) if Principal shall indemnify and save harmless Owner of and from any and all liability, loss, damage, expense, claims, demands, mechanic’s liens, or suits for the payment of labor, or Materials, including costs and attorneys’ fees that Owner may sustain by reason of Principal’s failure, neglect and/or refusal to carry out clause (i) and (ii) herein, or by reason of any other default of Principal under the Agreement or this Payment and Performance Bond, then this obligation shall be null and void – otherwise it shall remain in full force and effect subject to all of the terms and provisions herein. Section 2. For purposes of the Payment and Performance Bond “Claimant(s)” shall mean any person, partnership, association, corporation, subcontractor, supplier, material man, or laborer who has furnished Materials or supplied or performed labor in connection with the prosecution of the Work under the Agreement, including public utility services, all other items for which a mechanic’s lien may be asserted in the jurisdiction in which the Project is located, and reasonable rentals of equipment but only for periods when the equipment rented is actually used at the Project. “Material(s)” shall mean any -E9GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House PAYMENT AND PERFORMANCE BOND Continued materials, supplies, fuels, oils, lubricants, machinery, implements, provisions, and equipment used or consumed or reasonably required in the performance and completion of the Agreement. Other capitalized terms not defined herein shall have the meanings given to such terms as set forth in the Agreement. Section 3. Surety, for value received, agrees that its obligation herein shall not be impaired or affected by any Change Order, extension of Contract Time, alteration, addition, omission or other modification of the Agreement, or the Work to be performed thereunder, or by any act of forbearance of either Principal or Owner toward the other with respect thereto, or by any reduction of any percentage of the Contract Sum retained by Owner under the Agreement, and Surety does hereby waive notice of any and all such Change Orders, extensions of Contract Time, alterations, additions, omissions, other modifications, acts of forbearance and/or reduction of retained percentage. Section 4. In addition to any other obligations it may have under the Payment and Performance Bond, the Agreement, and any applicable law, and not in limitation thereof, Surety, for value received, agrees, if requested to do so by Owner, to perform fully and complete (or cause to be performed fully and complete) the Work set forth in the Agreement and any and all modifications thereof pursuant to an in accordance with the undertakings, covenants, terms, conditions and provisions thereof, if Principal fails, neglects and/or refuses to so perform fully and complete said Work or shall otherwise be in default under the Agreement. Surety further agrees to commence the performance of the Work within ten (10) days after notice from Owner of Principal’s failure, neglect and/or refusal or other default under the Agreement and complete the same within the Contract Time or extensions thereof. Section 5. Principal and Surety hereby jointly and severally agree with Owner that every Claimant who has performed labor or furnished Materials in the prosecution of the Work under the Agreement and who has not been paid in full therefore before the expiration of ninety (90) days after the day on which such Claimant performed the last of such labor or furnished the last of such Materials for which it claims payment, may bring an action on this Payment and Performance Bond in its own name to recover any amount due it for such labor or Materials and may prosecute such action to final judgment. The provisions of this Payment and Performance Bond shall be applicable whether or not the Material furnished or the labor performed enters into or becomes a component part of the Project contemplated by the Agreement. Owner shall not be liable for the payment of any costs or expenses of any such suit. Section 6. Surety shall be liable to Owner for Owner’s attorney’s fees and costs in any litigation to enforce the terms of this Payment and Performance Bond. Section 7. The amount of this Payment and Performance Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder by Surety. PAYMENT AND PERFORMANCE BOND Continued -E10GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House IN WITNESS WHEREOF, Principal and Surety have hereunto caused this Bid Bond to be duly executed and acknowledged as set forth below on this _____ day of ________________, 20___. (Impress Corporate Seal, if applicable) ATTEST: Principal ______________________________ Name: Title: By: Name: Title: Corporate Acknowledgement STATE OF COUNTY OF : : ss. : On this _______ day of _______________, 20___, before me appeared _______________________, to me known, who being by me duly sworn, did depose and say that (s)he is the _______________________ of ______________________________, the corporation acting as Principal in and which executed the foregoing Bid Bond; that (s)he knew the seal of said corporation; that the seal affixed to the foregoing Bid Bond is the corporate seal of said corporation; and that the foregoing Bid Bond was signed, sealed and delivered on behalf of said corporation by its authority duly given as the voluntary act and deed of said corporation. IN WITNESS WHEREOF, the said _____________________ has subscribed and sworn to the foregoing oaths before me, and I have hereunto set my hand and affixed my official seal the day and year first above written. ______________________________ Notary Public (Seal) My Commission Expires: (Impress Corporate Seal) Surety ATTEST: By: Name: Title: Attorney-in-Fact NOTE: An original Power of Attorney bearing same date as Payment and Performance Bond must be attached. -E11GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT H MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127); N.J.A.C. 17:27 (REVISED 4/10) 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, up grading, 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, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, 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 employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27 7.2; provided, however, that the Division New Jersey Department of Labor and Workforce Development, Construction EEO Monitoring Program (“State EEO Program”) may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by (A), (B) and (C) below, as long as the State EEO Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the State EEO Program, that its percentage of active “card carrying” members who are minority and women workers is equal to or -E12GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House greater than the targeted employment goal established in accordance with N.J.A.C. l7:27- 7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities to minority and women workers directly, consistent with this chapter. If the contractor’s or subcontractor’s prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring and scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines or is so notified by the Division that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter. (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions: (l) To notify the public agency compliance officer, the State EEO Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies; (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade; (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area; (5) If it is necessary to lay off any of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and nondiscrimination standards set forth in this chapter, as well as with applicable Federal and State court decisions; -E13GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) The contractor or subcontractor shall interview the referred minority or women worker. (ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and nondiscrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the State EEO Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below. (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in paragraph (i) above, whenever vacancies occur. At the request of the State EEO Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the State EEO Program. (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the State EEO Program and submitted promptly to the State EEO Program upon request. (C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall or union apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective -E14GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the State EEO Program an initial project workforce report (Form AA 201) electronically provided to the public agency by the State EEO Program, through its website for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on the job and/or off the job programs for outreach and training of minorities and women. (D) The contractor and its subcontractors shall furnish such reports or other documents to the State EEO Program as may be requested by the State EEO Program 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 State EEO Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). -E15GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT I OCIP INSURANCE REQUIREMENTS The Contractor acknowledges that the requirements of this Exhibit shall not apply unless the Owner has exercised its right to implement an OCIP for this Project by identifying such decision on the Bid Form either before or after receipt of bids. Exh. I 1.0 DEFINITIONS Exh. I 1.1 Capitalized terms used but not defined in this Exhibit I shall have the meanings set forth in the General Conditions portion of this Contract. Exh. I 1.2 “Enrolled Parties” or “Enrolled Party” are the Owner, the Owner’s Representative, if any, the Contractor, and eligible Subcontractors of any tier who perform operations on the Project site(s) or on sites approved by the OCIP Administrator in writing and such other persons or entities as the Owner may designate as Enrolled Parties who perform direct labor at the Project site or on sites approved by the OCIP Administrator in writing. To be an Enrolled Party, the entity must have submitted all necessary enrollment forms and have been accepted into the OCIP as evidenced by the OCIP Enrollment & Insurance Cost Verification Form, and proof of insurance. Exh. I 1.3 “Excluded Parties” or “Excluded Party” is an entity or are entities that are not qualified to enroll in the OCIP, such as off-site fabricators, vendors, suppliers (who do not perform or subcontract installation), manufacturers, material dealers, guard services, cranes, blasting, waste disposal, truckers, (including trucking to the Project where delivery is the only scope of Work to be performed), EIFS installation (unless specifically approved by the OCIP Administrator), asbestos, lead or other hazardous waste or hazardous materials abatement, remediation, removal or transportation, professional architect and engineering and design firms, or entities whose sole function is to transport, pickup, deliver or carry materials, supplies, tools, equipment, parts or other items to or from the Project site, or who do not perform any actual labor on either (i) the Project site or (ii) on sites that are dedicated solely to the Project and which the OCIP Administrator has previously identified is not covered under the OCIP. Any other entity or category of entity specifically identified by the Owner and the OCIP Administrator to be excluded will not be covered by insurance purchased by the Owner through the OCIP. Except for an entity performing EIFS installation and specifically approved by the OCIP Administrator, an entity that falls under one of the above categories of an Excluded Party shall NOT be covered by the OCIP even if it is enrolled therein and receives proof of such enrollment. Exh. I 1.4 “Non-Enrolled Parties” means the Excluded Parties and entities that are eligible to participate in the OCIP but which are not enrolled therein. Exh. I 1.5 “OCIP Administrator” means the administrator retained by the Owner to implement and administer the OCIP. The Owner reserves the right to change the OCIP Administrator without notice or consent. Exh. I 1.6 “OCIP Insurance Manual for Contractors”, provided in Exhibit X, means the manual that identifies the OCIP and which includes a summary of the insurance coverage, loss control procedures and claim procedures as well as enrollment forms and reporting requirements for the OCIP. -E16GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Exh. I 1.7 “Owner Controlled Insurance Programs” and “OCIP” means the consolidated insurance program that is provided for portions of the Project. The OCIP provides the coverages identified in this Exhibit. Exh. I 1.8 “Safety Auditor” means the Safety Program Auditor hired by the OCIP Administrator. Exh. I 1.9 “Site Specific Safety and Health Program Guidelines”, provided in Exhibit W, means the site-specific safety and health requirements to be developed and implemented by the Contractor. Exh. I 2.0 OCIP - GENERAL Exh. I 2.1 The Owner, at its sole expense has implemented an OCIP for this Project. Except as specifically identified in this Exhibit, the Contractor shall not be required to obtain the insurance that is required by Article 17 of the General Conditions or by PC2.0 of the Project Conditions. This Exhibit, however, shall not be construed to modify the Contractor’s obligations in Article 17 regarding indemnity or the provision of bonds. The Contractor and Subcontractor(s) of any tier may be required to participate as further described in this Exhibit by becoming an Enrolled Party. The Owner, at its own expense, shall, through an OCIP, procure and maintain for the benefit of Enrolled Parties the insurance coverage that is described in the “Insurance Provided By The Owner” section of this Exhibit. Such insurance shall be maintained until Final Completion of the Project. Certain products/completed operations coverage under the commercial general liability insurance, however, will be maintained for additional periods as identified herein. Exh. I 2.2 OCIP Does Not Provide Full Coverage. The insurance policies set forth in the “Insurance Provided By The Owner” section are not intended to meet all of the Enrolled Parties’ insurance needs. Such insurance is intended to provide only LIMITED coverage for activities AT THE PROJECT SITE. If otherwise specifically approved by the Owner or OCIP Administrator in writing, such insurance may provide limited coverage to the Enrolled Parties for their activities performed in connection with the Work at other sites devoted solely to this Project. The insurance provided by the Owner (i) does not provide coverage for operations at the permanent location(s) of any of the Enrolled Parties, (ii) does not provide coverage for or during the conduct of any warranty work, and (iii) does not provide coverage for Excluded Parties or entities that are not enrolled in accordance with the provisions herein. The Owner assumes no obligations to provide insurance other than that evidenced by the policies referred to in the “Insurance Provided By The Owner” section. Exh. I 2.3 No Limitation. The furnishing of insurance by the Owner shall in no way relieve or limit any Enrolled Party or any Non-Enrolled Party from any responsibility, liability, or obligation imposed by the Agreement or by law, including without limitation any indemnification obligations which any Enrolled Party or Non-Enrolled Party has to the Owner thereunder. In addition, the amount of insurance coverage provided through the OCIP shall in no way serve as a limitation of any Enrolled Party’s or Non-Enrolled Party’s liability for claims which are in excess of the amount of any applicable insurance limits. Exh. I 2.4 Enrolled Parties. Each Enrolled Party shall be responsible for procuring and maintaining, at their own expense throughout the term of this Agreement the insurance coverage described in the “Insurance Required From Enrolled Parties” section of this Exhibit. Each Enrolled Party shall be responsible for requiring that each of the Enrolled Party’s lower tiers procure and maintain, at their own expense, coverage in accordance with the requirements as outlined in the applicable insurance section of this Exhibit. -E17GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Exh. I 2.5 Non-Enrolled Parties. Each Excluded Party and each entity that is eligible to participate in the OCIP but which is not enrolled therein must procure and maintain during the term of this Project the insurance coverage required under the “Non-Enrolled Parties’ Responsibilities” section of this Exhibit. Exh. I 3.0 INSURANCE PROVIDED BY THE OWNER Exh. I 3.1 The Owner assumes no obligation to provide insurance other than that identified in the Agreement, including this Exhibit and the OCIP Insurance Manual. The OCIP shall provide the Enrolled Parties with the insurance described in this section. Other than as identified below with respect to the insurance for products/completed operations, the insurance specified below will terminate with respect to each Enrolled Party at the completion of the Work by such entity. Any insurance coverage provided by the Owner for Work at the PROJECT SITE for Enrolled Parties is primary and noncontributory. Exh. I 3.2 Pre-Qualification Criteria. The Contractor and eligible Subcontractor with a workers compensation experience modification factor as promulgated by the workers’ compensation rating bureau of 105% or less will be eligible to participate in the OCIP. If the Contractor or eligible Subcontractor has an experience modification factor of 106% to 115%, then the Owner may include such entity in the OCIP, provided that such entity is approved by the Owner or the OCIP Administrator. The Owner or the OCIP Administrator will evaluate the Contractor’s or eligible Subcontractor’s adverse experience modification factor to determine any mitigating circumstances, such as but not limited to, a single loss causing a high experience modification factor. The decision of the Owner or the OCIP Administrator is final. The Contractor or any eligible Subcontractor with an experience modification factor greater than 115% may not be eligible to bid or participate on the Project. Exh. I 3.3 Workers Compensation. The Owner shall obtain and maintain as part of the OCIP workers compensation coverage in accordance with the laws of the state where the Project site is located. Exh. I 3.4 Employers Liability. The Owner shall obtain and maintain as part of the OCIP employers liability insurance, including coverage for the benefits provided under the United States Longshoremen and Harbor Workers Act, Jones Act and other extensions with Coverage B - Employers Liability, including Maritime covering operations of the Enrolled Parties in connection with the Work on the Project site, or on sites approved by the OCIP Administrator in writing, in the following limits: $1,000,000 bodily injury by accident for each person $1,000,000 bodily injury by disease for each person $1,000,000 bodily injury by disease–policy limit Exh. I 3.5 Commercial General Liability Insurance. The Owner shall obtain and maintain as part of the OCIP commercial general liability insurance including coverage for hazards of operation (including explosion, collapse, underground coverage), elevators, independent contractor(s), employees as additional insured’s (excluding bodily injury to fellow employees only), products and completed operations, contractual liability coverage and personal injury liability coverage for claims arising out of the Work for personal injury, bodily injury and property damage in policy or policies of insurance such that the total available limits, reinstated annually except for completed operations (which is reinstated once following Final Completion of the Project) to all insured’s combined shall not be less than: -E18GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House $2,000,000 per occurrence $2,000,000 personal and advertising injury aggregate $4,000,000 general aggregate $4,000,000 aggregate products and completed operations The products and completed operations coverage for the primary commercial general liability policy will terminate ten (10) years after Substantial Completion of the Project. Exh. I 3.6 Owner’s and Contractors Protective Policy. The Owner shall obtain and maintain as part of the OCIP, an Owner’s and Contractors Protective Policy with limits of not less than the following: $2,000,000 per occurrence and $4,000,000 in the aggregate. Exh. I 3.7 Contractors Pollution Liability Insurance. The Owner shall obtain and maintain as part of the OCIP, contractors pollution liability insurance with limits of not less than the following: $5,000,000 per occurrence and $5,000,000 in the aggregate. Exh. I 3.8 Intentionally not used. Exh. I 3.9 Excess Liability Insurance. The Owner shall obtain and maintain as part of the OCIP, excess liability insurance applying jointly to the Owner and Enrolled Parties with limits of at least $100,000,000 per each occurrence and $100,000,000 aggregate for four (4) year policy term or until Substantial Completion, whichever is less, which limits may be increased by the Owner in its sole discretion. The excess liability policy shall be in excess of the underlying workers compensation, employers liability, commercial general liability, owner’s and contractors protective liability that is described in this Exhibit I. Products and completed operations coverage under the umbrella and excess policies shall terminate ten (10) years after Substantial Completion of the Project. Exh. I 3.10 All Risk Builders Risk Insurance Including Transit. (a) The Owner shall obtain and maintain builders risk insurance, including Transit, under a completed value form providing “All Risk” coverage on a replacement cost basis insuring the interest of the Owner, Contractor and Subcontractors of all tiers. Such insurance shall provide coverage against fire, lightning, wind damage, hail, explosion, riot or civil commotion, aircraft, and other vehicles, collapse, including collapse caused by design error or omission, difference in conditions and coverage available under the so called “All Risk” builders risk. Such insurance shall provide coverage for the cost of removing debris, including demolition as may be legally necessary by the operation of Applicable Laws. The Enrolled Parties acknowledge that so called “All Risk” builders risk policies typically have exclusions and also have sublimits for various risks including but not limited to flood and earthquake. (b) The builders risk insurance shall include coverage for all materials, supplies and equipment that are intended for specific installation in the Project, while such materials, suppliers and equipment are located at the Project Site, in Transit or while temporarily located away from the Project Site for the purpose of repair, adjustment or storage at the risk of one of the insured parties. (c) The builders risk insurance shall not include coverage for any tools or clothing of workmen or any tools, equipment, protective fencing, scaffolding, temporary -E19- GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House structures, forms and equipment owned, rented or used by the Contractor or Subcontractors or any tier and used in the performance of the Work, unless such items are specifically identified in the Contract Documents between the Owner and Contractor and their value is included in the cost of the Work. (d) The Owner, its OCIP Administrator, their officers, agents and employees, shall not be liable or responsible for any loss or damage whatever to the items excluded in paragraph (c) and the Contractor shall indemnify and hold harmless The Owner, their officers, agents and employees, and Consultant, other Contractors and Subcontractors from any claims or causes of action brought by any person or parties as a result of loss or damage to excluded items. (e) The builders risk insurance shall be endorsed (i) to waive the carrier’s rights of recovery under subrogation against the Owner, its OCIP Administrator, their officers, agents and employees, and Consultant, Contractor and Subcontractors whose interest is insured under such policy, and (ii) to require at least sixty (60) days prior written notice of cancellation to the Owner and any additional insureds as their interests may appear. (f) The responsible entity shall be liable for a deductible of $50,000 for each loss due to fire, extended coverages and vandalism and malicious mischief and $50,000 for each loss due to all other perils under the builders risk insurance. If the responsible party for such damages does not pay such deductible within fourteen (14) calendar days from the Owner’s or OCIP Administrator’s request, the Owner or OCIP Administrator may deduct such amount from the responsible entity or any higher tier to the responsible entity, such as the Contractor. Exh. I 3.11 Owner’s Election To Discontinue OCIP Coverage. While it is the intent of the Owner to keep the OCIP in force throughout the term of this Project, if the Owner for any reason is unable to furnish coverage, elects to discontinue the OCIP, modifies the limits of liability provided in the OCIP, or requests that an Enrolled Party withdraw from the OCIP, then, upon thirty (30) days written notice from the Owner, the Enrolled Party specified by the Owner in such notice shall obtain at the Owner’s expense and thereafter maintain during the performance of the Work, (or a portion thereof as specified by the Owner) all of the insurance required to be provided by the Non-Enrolled Parties, and the Owner will thereafter no longer be obligated to furnish all or the identified part of such insurance through the OCIP. The form, content, limits of liability and cost of such insurance and the insurer issuing such insurance secured by the prior Enrolled Party pursuant to the provisions of this section will be subject to the Owner’s approval, which approval shall not be unreasonably delayed or withheld. If the Owner discontinues the entire OCIP, then the Contractor shall provide the insurance required under Article 17 of the General Conditions and Article PC2.0 of the Project Conditions. Enrolled Parties shall be reimbursed for the cost of their unearned insurance based on the Section below titled “True-Up Provisions”. Exh. I 4.0 ENROLLED PARTIES’ RESPONSIBILITIES Exh. I 4.1 The OCIP Insurance Manual includes a summary of the insurance coverage, loss control procedures and claim procedures as well as enrollment forms and reporting requirements for the OCIP. -E20GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Exh. I 4.2 Each Enrolled Party shall review the OCIP Insurance Manual, OCIP coverages, limits of liability and insurance policies to satisfy itself that the coverage offered herein meets its needs and those of its respective subcontractor(s) of any tier. Nothing contained herein shall be deemed to place any responsibility on the Owner for ensuring that the insurance provided by the OCIP is sufficient for the conduct of any Enrolled Party’s business or performance of the Work. As such, it is strongly recommended that Enrolled Parties discuss the OCIP with a qualified insurance advisor to assure that other proper coverages are maintained for this Project, for other projects in which the Enrolled Party is involved, and for the Enrolled Party’s general business operations. The Owner also reserves the right, without any obligation to do so, to furnish other insurance coverage of various types and limits provided that the total coverage is not less than that specified herein. Exh. I 4.3 Any type of insurance coverage or limits of liability not provided by the OCIP which any Enrolled Party desires for its own protection shall be such entity’s sole responsibility and expense and shall not be billed to the Owner. Any reference in the Agreement (including, but not limited to, the OCIP Insurance Manual as to amount, nature, type or extent of coverage provided under the OCIP and/or potential applicability to any potential claim or loss is for reference only and each Enrolled Party represents and warrants that they have not relied upon such reference but solely upon their own independent review and analysis of the OCIP policies in formulating any understanding and/or belief as to amount, nature, type or extent of any coverage provided by the OCIP policies and/or its potential applicability to any potential claim or loss. Exh. I 4.4 Cooperation. Enrolled Parties shall completely and promptly cooperate with the Owner, the OCIP Administrator, and any insurance companies that provide coverage that is the subject of the OCIP regarding the administration and operation of the OCIP. The Enrolled Parties shall also comply with the requirements set forth in the OCIP Insurance Manual. Exh. I 4.5 OCIP Documentation. Participation in this OCIP by eligible entities is mandatory but is not automatic. Unless otherwise required by the OCIP Administrator, entities that are eligible to be Enrolled Parties shall complete and submit within five (5) business days of the Owner’s or OCIP Administrator request all information and documentation as the Owner or the OCIP Administrator may require. Such information and documentation shall be in such form and substance as the Owner or the OCIP Administrator may require and may include but not be limited to policy rate pages, deductible agreement, payroll records, certified copies of insurance coverages, declaration pages of coverages, certificates of insurance, underwriting data, prior loss history information, experience modifier filings, safety records, OSHA citations. Each Enrolled Party warrants that all information and data supplied, including but not limited to the insurance premium calculations is accurate and complete. Enrolled Parties must complete and submit enrollment forms and other documents required herein for each and every subsequent contract awarded to them on this Project. Exh. I 4.6 Warranty Statement. Each Enrolled Party warrants the accuracy of the information it provides in its enrollment forms, including the supporting documents (copies of the policy declaration page and policy rate pages or deductible agreement pages if on a large deductible program or a letter from Enrolled Party’s insurance carrier evidencing the deductible rate and loss content rate) and/or any Change Order forms, and agrees that the OCIP Administrator and/or the OCIP insurance companies may, but are not required to, audit each Enrolled Parties’ records to confirm the accuracy for any and all allowable insurance credits. Each Enrolled Party agrees and warrants that the Owner may collect additional insurance costs as may be developed as a result of such audits and/or changes/Change Orders as may be agreed to in connection with the Work, except where prohibited by law. Each Enrolled Party -E21GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House agrees to provide insurance records, policies, declaration pages of policies, certificates of self-insurance and such other documents as may be requested in order to assure the accuracy of insurance data. Exh. I 4.7 Payroll Records. Enrolled Parties shall maintain and make available to the Owner, the OCIP Administrator, and any insurance companies, payroll records and such other records relating to the Work as may be necessary for the proper computation of the insurance premiums. Enrolled Parties shall also permit the Owner, the OCIP Administrator, and/or the insurance companies to audit Enrolled Parties’ books and records, and furnish documentation as may be required to assure accuracy of those payroll reports. Enrolled Parties agree that their failure to submit documents as required may result in withholding progress payments and final payment until such payroll reports are received. Enrolled Parties shall furnish on-site payroll reports, utilizing the form provided in the OCIP Insurance Manual by the 5th of the following month for the prior month (including months with no payroll). Exh. I 4.8 Insurance Costs. Enrolled Parties are required to identify the total cost of the first dollar of coverage for each of the types of policies that are identified in the “Insurance Required From Enrolled Parties” section, regardless of the risk financing technique employed for such policies, including, but not limited to, insurance premiums, expected losses with any retention or deductible amount, loss handling expenses and administrative expenses. In calculating insurance costs, Enrolled Parties shall use the “Insurance Required From Enrolled Parties” section as if they were required to provide the coverages and limits of liability for on-site Work. Each Enrolled Party agrees that the cost of all insurance that is replaced by the OCIP have been removed from the amount payable under their respective contract with respect to this Project and, to the best of their knowledge, such insurance costs have been removed from any of their lower-tier Subcontractor’s prices. Exh. I 4.9 Deductible And Self Insured Retentions. If an Enrolled Party carries a deductible or self insured retention under any of its policies, then the following may be required from the Enrolled Party: (i) three (3) years of loss history for all entities that retain losses, with paid, outstanding and total incurred losses by policy period identified with supporting documentation; and (ii) three (3) years of payroll history for all entities. Exh. I 4.10 Subcontracts. Enrolled Parties shall include required OCIP provisions in all subcontracts and notify the Owner and OCIP Administrator of all subcontracts awarded. If an Enrolled Party will be subcontracting out work and has not yet identified all of its lower-tier subcontractor(s) or does not have the insurance cost for its lower-tier subcontractor(s), then the Enrolled Party shall include 2.5% of the lower-tier’s subcontract value for the lower-tier subcontractor(s) insurance costs. A separate enrollment form must be completed for each subcontractor(s) of any tier and must be sent to the OCIP Administrator. If an Enrolled Party does not provide the OCIP Administrator with information sufficient to allow verification of the applicable insurance cost, then the OCIP Administrator may independently calculate an appropriate insurance cost based on undiscounted or “manual” rates. No Enrolled Party may commence Work on site until they have completed the OCIP enrollment process. Exh. I 4.11 Additional Premiums. Each Enrolled Party further agrees that the Owner is entitled to and may collect, from time to time through subsequent deductive Change Orders, additional insurance deductions which are in excess of those initially identified by Enrolled Parties in the initial OCIP deduct, which may result from any scope changes, additional work, inaccurate assumptions in the initial deduction (i.e. increased payroll), a delay in construction caused by or resulting from the fault of an Enrolled Party (including lower-tier subcontractors of any tier), or from information discovered during any audits which justify the taking of additional insurance deducts (except where prohibited by law). Also, each Enrolled Party agrees to promptly reimburse the Owner for any additional premiums paid by -E22GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House the Owner which result from a delay caused by or resulting from the fault of the Enrolled Party or any of its lower-tier subcontractors. Exh. I 4.12 True-Up Provisions. Each Enrolled Party shall pay the Owner any amounts for additional premiums which result from payroll overruns and additional payroll from Change Orders in excess of the Enrolled Party’s budgeted payroll included in the Insurance Premium Worksheet. Interim deducts may also occur due to Change Orders prior to contract close out where allowed by law. In addition, should any Enrolled Party overestimate its initial payroll compared to the actual final payroll, including reduction of payroll from Change Orders, the Owner will credit or refund any premium differential to such Enrolled Party based on the Enrolled Party’s initial premium rates approved by the Owner, the OCIP Administrator, or the insurance company, where allowed by law. Notwithstanding the foregoing, the Owner shall not be required to credit or refund any premium differential to an Enrolled Party if (i) such Enrolled Party fails to provide all insurance related documents that are required under this Agreement, including but not limited to all monthly OCIP payroll reports, or (ii) such Enrolled Party is terminated for cause. Exh. I 4.13 Assignment Of Return Premiums. Each Enrolled Party agrees that it irrevocably assigns to and for the benefit of the Owner, all return premiums, premium refunds, premium discounts, dividends, retentions, credits, and any other monies due or to become due in connection with the OCIP insurance or which the Owner otherwise provides. If requested by the Owner, each Enrolled Party agrees to evidence the same by a formal instrument of assignment to be promptly executed in the form prepared by the Owner. Exh. I 4.14 Loss Control And Claims. Enrolled Parties shall comply with applicable loss control (safety) and claims reporting procedures; maintenance of an OSHA Log to be provided monthly (if requested) to the Owner, the OCIP Administrator, or the insurance company. Enrolled Parties shall also cooperate with the Owner with regard to return to work and providing modified duty positions for employees who are injured on the site. Each Enrolled Party should provide the OCIP Administrator with a written return to work program in a form acceptable to the OCIP Administrator. Any fines assessed for claims which are reported late are the responsibility of the Enrolled Party. Exh. I 4.15 Claims Adjustment. Enrolled Parties shall assist and cooperate in every manner possible in connection with the adjustment of claims arising out of the operations conducted under, or in connection with, the Project and shall cooperate with the Owner, the OCIP Administrator, or the insurance companies in all litigated claims and demands which arise out of such operations which the insurance companies are called upon to adjust or resist. Exh. I 4.16 Insurance Costs. The Owner and Enrolled Parties acknowledge and agree that the insurance costs identified are initial estimates only, except where prohibited by law. The final insurance costs will be subject to review and audit of the Enrolled Party’s actual payroll and revenues based upon the original amount payable under this Agreement plus any Change Orders. The final insurance costs shall be deducted from any amounts due to the Contractor. Costs for overlapping insurance coverage maintained by Enrolled Parties will not be taken into account in determining the final insurance costs. Exh. I 4.17 Fines And Withholding Payment. If an Enrolled Party fails to comply with any requirement, obligation, or recommendation, the Owner may withhold any payments due to such Enrolled Party until such time as it will have complied with such requirements, obligations, and recommendations. Failure of Enrolled Parties to enforce the enrollment of all subcontractor(s) of any tier does not relieve Enrolled Parties of the financial responsibility for their insurance deductions or their -E23GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House resulting liabilities. The Owner maintains the right to pursue insurance deductions and/or indemnity from any liability for all subcontractors of any tier. Any fines assessed by a governmental entity as the result of late enrollment shall be assessed against the responsible Enrolled Parties. Exh. I 5.0 INSURANCE REQUIRED FROM ENROLLED PARTIES Exh. I 5.1 The OCIP provides only LIMITED coverage for Work AT THE PROJECT SITE. Additional insurance, including insurance for the Work performed AWAY FROM THE PROJECT SITE must be obtained separately by the Enrolled Parties at their cost. Unless otherwise approved in advance by the OCIP Administrator in writing, such insurance shall provide at least the minimum limits and coverage as are required by this Article of Exhibit I. Such insurance shall be maintained until the Project reaches Final Completion. Exh. I 5.2 Contractors Professional Liability. Enrolled Parties shall obtain and maintain contractors professional liability insurance with limits of not less than the following: $5,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall cover occurrences both at and away from the Project site. Exh. I 5.3 Workers Compensation and Employers Liability (Away From The Project Site). In accordance with Applicable Law, Enrolled Parties shall maintain workers compensation insurance to cover its employees while engaged in the performance of the Work at locations other than those described as the Project site or on sites approved by the OCIP Administrator in writing. This insurance shall also cover any Enrolled Parties’ employees working AWAY FROM THE PROJECT SITE and coming on the Project site after the Project has been accepted by the Owner as complete. Enrolled Parties shall obtain and maintain during the duration of the Project employers liability insurance with policy limits of not less than the following: $1,000,000 bodily injury by accident for each employee $1,000,000 bodily injury by disease for each employee $1,000,000 bodily injury by disease–policy limit Exh. I 5.4 Business Automobile Liability Insurance (On-site And Off-site Activities). Enrolled Parties shall maintain insurance covering all owned, non-owned and hired automobiles, trucks and trailers in a form providing the same inclusions and coverage as Article 17 of the General Conditions states is required of the Contractor. Such insurance shall provide coverage of not less than $2,000,000 each accident limit. Such insurance shall cover occurrences both at and away from the Project site. If the Enrolled Party has no owned autos, such requirement may be satisfied by evidencing a hired and nonowned endorsement to the commercial general liability policy. Exh. I 5.5 Commercial General Liability Insurance (Off-site Activities). Enrolled Parties shall maintain insurance for premises and operations of Enrolled Parties AWAY FROM THE PROJECT SITE (including product liability for any product manufactured, assembled or otherwise worked upon away from the Project site) in a form providing the same inclusions and coverage as Article 17 of the General Conditions states is required of the Contractor. The required minimum limits, however, of such commercial general liability shall be not less than the following: $2,000,000 $2,000,000 Each Occurrence Limit Personal and Advertising Injury Limit -E24- GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House $2,000,000 $4,000,000 $4,000,000 Fire Damage Liability (any one fire) General Aggregate Limit (Other than Products - Completed Operations) Products - Completed Operations The liability limits required herein for the commercial general liability insurance may be met by primary coverage or combination of primary and umbrella/excess coverage. In addition to the endorsements identified in Article 17 of the General Conditions, the Enrolled Parties’ commercial general liability coverage shall contain Additional Insured endorsement CG 2010 or CG 2037 07 04 (for offsite fabrication operations) or an equivalent endorsement. Exh. I 5.6 Property Insurance. Each Enrolled Party shall obtain and maintain, during the duration of the Project, property insurance with the same inclusions, limits and coverage as Article 17 of the General Conditions and Article PC2.0 of the Project Conditions states is required of the Contractor. Exh. I 5.7 Primary And Non-Contributing. Insurance coverage for Work AWAY FROM THE PROJECT SITE required of Enrolled Parties is primary and non-contributory to any insurance or self insurance maintained by the Owner, including but not limited to the insurance provided under the OCIP. Exh. I 5.8 Certificates Of Insurance. Certificates of insurance indicating the insurance required from Enrolled Parties shall be submitted and approved by the OCIP Administrator prior to commencement of the Work. Such certificates shall identify the required additional insureds and identify that 30 days written notice will be provided prior to cancellation, non-renewal or material modification of any policy therein. Should any Enrolled Party at any time neglect or refuse to provide the insurance required herein, or should each insurance be cancelled or should the full aggregate of any policy not be able to satisfy the requirements of the Agreement, the Owner shall have the right to procure such insurance for the Enrolled Party and the cost thereof shall be deducted from the monies then due or thereafter to become due to the Contractor if the Enrolled Party is one of the sub-tier entities to the Contractor. By written request by the Owner, each Enrolled Party shall provide to the Owner with certified copies of each policy which such Enrolled Party is required to maintain under the Contract Documents. Certificates of insurance shall be labeled and addressed as identified in the Bid Form. Exh. I 6.0 CONTRACTOR’S ADDITIONAL RESPONSIBILITIES Exh. I 6.1 Contractor Site Specific Safety And Health Program. Prior to mobilizing on the Project site, the Contractor shall submit a Site Specific Safety and Health Program to the OCIP Administrator. Such Program created by the Contractor shall at minimum comply with (i) the requirements in Article 8 - Protection And Safety of the General Conditions, (ii) the Site Specific Safety and Health Program Guidelines, and (iii) applicable industry standards. The Owner’s, OCIP Administrator’s, or the Safety Manager’s receipt, recommendations regarding, and/or failure to object to the Contractor’s Site Specific Safety and Health Program, or any other acts or omissions in connection with this Project, shall not (a) excuse the Contractor from the Contractor’s full responsibility to safeguard from injury and loss (i) persons and property involved in the Project and/or the Work and (ii) persons and property that may be affected by the Project and/or the Work or (2) be construed to make the Owner, OCIP Administrator or Safety Manager in any way responsible to safeguard persons or property from injury or loss. Without limitation of the foregoing, the Contractor recognizes that it has sole responsibility to assure that its Site Specific Safety and Health Program is sufficient and is properly and fully implemented. Exh. I 6.2 Contractor To Enforce OCIP. The Contractor shall cause all of its Subcontractors of any tier, whether an Enrolled Party or Non-Enrolled Party, to comply with the requirements of the OCIP, -E25GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House including but not limited to satisfying all safety program, claims management and other applicable requirements. The omission of a specific reference to Subcontractors or the Contractor in connection with any of the responsibilities under the OCIP shall not be construed to diminish, abrogate or limit any of the Contractor’s obligations to obtain compliance with the OCIP. Exh. I 7.1 NON-ENROLLED PARTIES’ RESPONSIBILITIES Exh. I 7.1 Non-Enrolled Parties shall comply with the same insurance requirements as apply to the Enrolled Parties except that the insurance provided by the Non-Enrolled Parties shall apply to activities both AT THE PROJECT SITE and AWAY FROM PROJECT SITE. The Non-Enrolled Parties shall furnish evidence of such insurance. Exh. I 7.2 Certificates Of Insurance. Prior to commencement of Work on the Project site, NonEnrolled Parties shall provide certificates of insurance to the Owner as evidence that the required policies specified in this Article provide the required coverage, conditions, and limits and are in full force and effect. Certificates of insurance shall be labeled and addressed as identified in the Bid Form. Exh. I 8.0 NOTICE OF CANCELLATION All insurance policies and certificates of insurance required here from Enrolled Parties or Non-Enrolled Parties shall include a requirement and endorsement, as applicable, that any cancellation or any material change adversely affecting the Owner’s interest shall not be effective (1) for such period as the laws of the State in which this Agreement is to be performed prescribe, or (2) until 30 days (except 10 days for non payment of premium) after the insurer or the Contractor gives written notice to the Owner, whichever period is longer. If any such notice is given, the Owner shall have the right to require that a substitute policy be obtained prior to such cancellation with appropriate evidence thereof at the discretion of the Owner. Enrolled Parties and Non-Enrolled Parties shall immediately notify the Owner and shall cease operations on the occurrence of any such cancellation or reduction and shall not resume operations until the required insurance is in force and new certificates of insurance have been filed with the Owner. Exh. I 9.0 REQUIREMENTS FOR LOWER-TIER SUBCONTRACTORS Should the Enrolled Party or Non-Enrolled Party, as applicable, engage a lower-tier subcontractor, the same conditions applicable to the Enrolled Party or Non-Enrolled Party under these Insurance Requirements shall apply to each lower tier subcontractor or any of its respective lower tier subcontractors. Exh. I 10.0 WAIVER OF CLAIMS The respective Enrolled Parties, including without limitation the Contractor and Owner, and their respective insurers, waive any claim against each other, and their lower-tier subcontractors of any tier for losses to the extent covered by policies provided by the Owner, the Owner’s contractors (including, but not limited to, the Contractor) or lower-tier subcontractors. The Enrolled Parties shall require similar waivers from all of their lower-tier subcontractors and their respective insurers. Exh. I 11.0 LIABILITY To the extent permitted by Applicable Law, Enrolled Parties and Non-Enrolled Parties agree that if such party has any cause of action against the Owner related to the Project (other than the Owner’s obligation to pay for the materials and services provided under the Agreement) the Owner’s sole liability shall be limited to the coverage provided under the OCIP. The furnishing of any insurance by the Owner, however, shall in no way relieve, or limit, or be construed to relieve or limit, any Enrolled Party or Non-Enrolled Party, -E26GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House including any lower-tier subcontractor of any tier, of any liability, responsibility, obligation, whatsoever otherwise imposed by this Agreement or Applicable Law, including but not limited to the Contractor’s indemnity obligations identified in the General Conditions. Exh. I 12.0 WAIVER OF SUBROGATION To the extent that a loss is covered by insurance in force, and recovery is made for such loss, the Enrolled Parties and their respective insurers mutually release each other from liability and waive all rights of subrogation and all rights of recovery against each other for any loss insured against under their respective policies, no matter how caused, it being understood that the damaged party shall look solely to its insurer for reimbursement. In addition, the Contractor shall require each Enrolled Party and each Non-Enrolled Party and their respective insurers to similarly waive their rights of subrogation in their respective contracts with respect to the Project. Exh. I 13.0 OTHER INSURANCE Any type of insurance or any increase of limits of liability not described above which an Enrolled Party or Non-Enrolled Party, as applicable, requires for its own protection or on account of any Applicable Law shall be at its own responsibility and its own expense. . Refer to Exhibit X for full text of ‘OCIP Insurance Manual for Contractors’. EXHIBIT J -E27GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House -E28GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House -E29GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT K -E30GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House -E31GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT L FORM NOTICE OF AWARD LETTER ______, 20___ ____________________________ ____________________________ ____________________________ ____________________________ Fax __________ Re:Notice of Award Project: _____________________ _______________, New Jersey Dear _________________: I am pleased to inform you that Rutgers, The State University of New Jersey accepts your bid tendered for the above referenced project on __________, 20____ and the following alternates _____________, for the total amount of ______________________ ($____________________). The contract documents are being prepared under the date of _______________, 20___, which will be the same date you are requested to be present at the department of University Facilities Project Services, Building 82, Street 1603, Livingston Campus, at 10:00 a.m. to execute the documents. Your signature or that of your Vice President and your Secretary or Assistant Secretary will be required. Your corporate seal and a rubber stamp of your company’s name will also be required. Prior to the time of signing, you are requested to provide four original copies of a properly executed Payment and Performance Bond, the specified insurance documentation, and a completed AA201 Initial Project Workforce Report. Your attention is called to the requirement that the Payment and Performance Bond be issued by a company admitted to conduct business in the State of New Jersey and that the surety has a rating of “A” or better in accordance with A.M. Best & Company as listed in their most current publication. Failure to provide the required documentation, or to execute the contract documents, will entitle the Owner to consider all the rights arising out of the acceptance of your bid as abandoned and your bid bond forfeited. The Owner will also be entitled to such other rights as may be granted by law. I wish to say that we are looking forward to a very pleasant association in the performance of this contract. If you have any questions concerning this matter, please contact Alex Andrews, Contracts Administrator, University Facilities, Rutgers, The State University of New Jersey, Facilities Complex at Livingston Campus, 82 Street 1603, Piscataway, New Jersey 08854-8307, telephone (732) 445-2430 Ext. 628. Cordially, J. Michael Gower Senior Vice President for Finance and Treasurer ACKNOWLEDGEMENT OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _____________________, this the__________ day of ______________ 20___, by __________________________, President. -E32GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT M NOTICE TO PROCEED FROM: TO: PROJECT: Rutgers, The State University of New Jersey (the “Owner”) ________________________________________________________ (the “Contractor”) ___________________________________________________________ (the “Project”) ___________________________________________, _________________, New Jersey In accordance with the Agreement dated ____________________, 20____, you are hereby notified to commence Work on or before ____________________, 20____. You are directed to achieve Substantial Completion of all Work within ________________ consecutive calendar days of the commencement date that is identified in the preceding sentence. Accordingly, you are to achieve Substantial Completion of all Work on or before ____________________, 20____. You are to achieve Final Completion of all Work on or before ____________________, 20____. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY ______________________________ F. Alexander Andrews Contract Administrator, University Facilities ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: ____________________________________________ (Company Name) _____________________________________ (Signature) _____________________________________ (Typed Name and Title) _____________________________________ (Date) -E33GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT N SUBCONTRACTOR/ SUPPLIER LIEN WAIVER PARTIAL _____ FINAL _____ TO: FROM: PROJECT: Rutgers, The State University of New Jersey (the “Owner”) __________________________________________________ (subcontractor or supplier) ___________________________________________________________ (the “Project”) ___________________________________________, _________________, New Jersey ____________________________ (the “Contractor”) has been engaged by the Owner to provide labor, services, and materials as described in the contract in connection with the construction of the Project, and the above-identified subcontractor or supplier has been engaged by the Contractor to assist. The above-identified subcontractor or supplier for and in consideration of $_____________________________________________________ (prior payments received) and contingent upon receipt of $________________________________________________ (anticipated current payment) releases all claims, demands, liens, or rights of liens for all work, services, labor, materials, and equipment furnished for the Project and/or the Property to the date of this Lien Waiver. The subcontractor or supplier certifies that any and all valid bills payable on the Project and/or the Property on behalf of the subcontractor or supplier as of the date of this Lien Waiver, including but not limited to bills for work, services, labor, materials, equipment, fringe benefits, taxes, insurance, and employer contributions required to be paid under labor agreements, if any, have been paid or shall be paid upon receipt of the above-identified anticipated current payment. Sworn to before me on this _____ day of ____________, 20___. ___________________________________ (Notary Public) (SEAL) ____________________________________ (Signature) ____________________________________ (Typed Name and Title) _________________________ (Date) -E34GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT O CONTRACTOR PARTIAL LIEN WAIVER TO: FROM: PROJECT: Rutgers, The State University of New Jersey (the “Owner”) ________________________________________________________ (the “Contractor”) ___________________________________________________________ (the “Project”) ___________________________________________, _________________, New Jersey The Contractor has been engaged by the Owner to provide labor, services, and materials as described in the contract in connection with the construction of the Project. The Contractor for and in consideration of $_________________________________ (prior payments received) and contingent upon receipt of $______________________________ (anticipated current month’s payment) releases all claims, demands, liens, or rights of liens for all work, services, labor, materials, and equipment furnished for the Project and/or the Property to the date of this Partial Lien Waiver. The Contractor certifies that any and all valid bills payable on the Project and/or the Property on behalf of the Contractor as of the date of this Partial Lien Waiver, including but not limited to bills for work, services, labor, materials, equipment, fringe benefits, taxes, insurance, and employer contributions required to be paid under labor agreements, if any, have been paid or shall be paid upon receipt of the above-identified anticipated current payment. Sworn to before me on this _____ day of ____________, 20___. ___________________________________ (Notary Public) (SEAL) ____________________________________ (Signature) ____________________________________ (Typed Name and Title) __________________________ (Date) -E35GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT P CONTRACTOR FINAL LIEN WAIVER AND INDEMNITY AGREEMENT TO: FROM: PROJECT: Rutgers, The State University of New Jersey (the “Owner”) ________________________________________________________ (the “Contractor”) ___________________________________________________________ (the “Project”) ___________________________________________, _________________, New Jersey The Contractor certifies that upon receipt of $_______________________________ ____________________________ (anticipated current payment), it has been paid in full for all work, services, labor, materials and equipment furnished for the Project and/or the Property. As such, upon receipt of the anticipated current payment, the Contractor releases all claims, demands, liens, or rights of liens for all work, services, labor, materials, and equipment furnished for the Project and/or the Property. The Contractor certifies that any and all valid bills payable on the Project on behalf of the Contractor as of the date of this Final Lien Waiver and Indemnity Agreement, including but not limited to bills for work, services, labor, materials, equipment, fringe benefits, taxes, fees, insurance, and employer contributions required to be paid under labor agreements, if any, have been paid or shall be paid upon receipt of the above-identified anticipated current payment. The Contractor further certifies that, except as listed below, the Lien Waivers attached hereto include all entities that provided work, services, labor, materials, and equipment furnished for the Project on behalf of the Contractor, including all entities who have or had lien rights against the Property arising in any manner out of the performance of the Project by the Contractor. Exceptions, if any: The Contractor agrees that if after the date hereof, there shall be evidence of any lien filed by (i) the Contractor or (ii) any subcontractor or supplier of the Contractor, of any tier, for which, if established, the Owner and/or the Project and Property owner(s) might become liable or which might encumber title to the Property or Project, then the Contractor shall promptly discharge same, and indemnify, hold harmless, and defend the Owner and the Project and Property owner(s) against any loss, damages, costs, or expenses, including attorneys fees, associated therewith. Furthermore, the Contractor, for itself, its successors or assigns, releases, and forever discharges the Owner, the A/E, the Owner’s Representative, if any, the OCIP Administrator, if any, and the Project and Property owner(s) from all claims, demands, or causes of action which it has had, currently has, or may in the future have, arising from or in any way relating to the contract between the Owner and Contractor, the Property, and/or the Project. The Contractor shall attach a list of all subcontractors and suppliers that it used or engaged for the Project and hereby verifies that this list is complete and accurate. Sworn to before me on this _____ day of ____________, 20___. ____________________________________ (Signature) ___________________________________ (Notary Public) ____________________________________ (Typed Name and Title) _________________________ (Date) (SEAL) -E36GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT Q -E37GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT R CHANGE ORDER Change Order Number: ______ _______________________________________________________________________ (the “Project”) _______________________________, ________ Campus, ____________, New Jersey (the “Property”) The Agreement is changed as follows: The original Contract Sum was: The total amount of prior Change Orders is: The Contract Sum prior to this Change Order was: The Contract Sum will be [increased] [decreased] [unchanged] by this Change Order in the amount of: $____________________________ $____________________________ $____________________________ The new Contract Sum including this Change Order is: $____________________________ $____________________________ As a result of this Change Order, the Contract Time will be [increased] [decreased] [unchanged] in the amount of _______ calendar days. The Substantial Completion Date or Final Completion Date (circle one) as a result of this Change Order is: _______________________. The above identified change(s) to the Contract Sum and the Contract Time constitute full compensation to the parties for all effects of this Change Order on the Project. Contractor: ______________________________ Architect: _______________________________ Signature: ________________________________ Signature: ________________________________ Title: ____________________________________ Title: ____________________________________ Date: ________________, 20____ Date: ________________, 20____ Owner’s Representative, if any: Rutgers, The State University of New Jersey _________________________________________ Signature: ________________________________ Signature: ________________________________ Title: ____________________________________ Title: ____________________________________ Date: ________________, 20____ Date: ________________, 20____ -E38GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT S ADDENDA (to be added at contract signing, if any) -E39GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT T NEW JERSEY PREVAILING WAGE RATES (to be added at contract signing) -E40GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT U LIST OF KEY PERSONNEL AND KEY PROJECT ENTITIES AND STAFFING PLAN (To be completed after the initial Pre-Construction Meeting) Key Project Personnel Contractor’s Project Executive: Contractor’s Project Manager(s): Contractor’s General Field Superintendent(s): Contractor’s Field Superintendent(s): Contractor’s Safety Officer (see General Conditions at Section 8.1) Contractor’s Field Administrative staff: Key Project Entities Mechanical Subcontractor: Electrical Subcontractor: Plumbing Subcontractor: HVAC Subcontractor: HVAC Test and Balance Consultant: (from the Owner’s list of approved HVAC Test and Balancing subcontractors that is in the specifications) Structural Steel Subcontractor: Roofing Subcontractor: (from the Owner’s list of approved roofing subcontractors that is in the specifications) [Attach Staffing Plan] -E41GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT V VERIFIED LIST OF SUBCONTRACTORS/SUPPLIERS TO: FROM: PROJECT: Rutgers, The State University of New Jersey (the “Owner”) ________________________________________________________ (the “Contractor”) ___________________________________________________________ (the “Project”) ________________________________, _______________, New Jersey (the “Property”) The Contractor hereby provides the below accurate and full list of the names and addresses of each its subcontractors and suppliers who performed any work or delivered any materials to the Project or the Property. The Contractor understands that Owner intends to rely on the statements contained herein. Subcontractor or Material Supplier Address and Telephone Number Amount Due to Date -E42GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House If additional space is needed to identify subcontractors and suppliers, the Contractor agrees to attach additional sheets hereto and identify the number of such additional sheets below. If no additional sheets are identified below, then this document will be construed to only include those subcontractors and suppliers that are identified above and on the first page of this document. The number of additional sheets, if any, that are attached hereto are as follows: ______________. Sworn to before me on this _____ day of ____________, 20___. ____________________________________ (Signature) ___________________________________ (Notary Public) ____________________________________ (Typed Name and Title) ___________________ (Date) (SEAL) -E43GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House EXHIBIT W Rutgers UNIVERSITY Site Specific Safety and Health Program Guidelines Preparedby: 930 Commonwealth Avenue South Boston, MA 02215 -E44GC AGREEMENT, Revision Date: 4-7-2014 Project Name: Writers House Table of Contents i. ii. iii. Forward Policy Statement Program Objectives 1. Administration and Organization 1.1 Purpose and Scope 1.2 Duties and Responsibilities 1.2.1 Contractor Requirements 1.2.2 Contractor Site Specific Safety and Health Program 1.2.3 Contractor Management Responsibilities 1.2.4 Designation of Contractor Safety Representative 1.2.5 Safety Auditor 2. Hazard Control 2.1 Purpose and Scope 2.2 Supervisory Control 2.3 Employee Involvement in Hazard Identification 2.4 Substance Abuse Policy 2.5 Weapons and Controlled Items 2.6 Disciplinary Sanctions 2.7 Personal Protective Equipment (PPE) 2.8 Special Hazardous Work Procedures and Job Hazard Analysis 2.9 Community Public Protection 2.10 Dust / Debris Control Plan 2.11 Fire Prevention 2.12 Site Security 2.13 Fall Protection 2.14 Scaffolding Inspections 2.15 Competent Person Designations 3. Emergency Work Procedures 3.1 Purpose and Scope 3.2 Site Specific Procedures 4. Safety and Health Training 4.1 Purpose and Scope 4.2 Training Elements 4.2.1 Contract Safety Orientation 4.2.2 Weekly Toolbox Safety Meetings 4.2.3 Contractor Safety Meetings 4.2.4 Hazard Communication Training 4.2.5 Safety Orientation for Supervisors 4.2.6 Daily Pre-Task Planning 4.2.7 Pre-Construction Safety Review 4.2.8 Documentation Retention Rutgers University Construction Project Safety and Health Program Guidelines 5. Hazard Communication 5.1 Purpose and Scope 5.2 Responsibilities 5.3 Hazard Communication Program (HCP) 5.4 Hazard Communication Training 5.5 Record Keeping 6. First Aid and Medical Services 6.1 Purpose and Scope 6.2 Staffing 6.3 Reporting 6.4 Transportation 6.5 Local Emergency Telephone Numbers 7. Incident Investigation, Reporting, and Record Keeping 7.1 Purpose and Scope 7.2 Notification 7.3 Investigation 7.4 Documentation and Reporting 7.5 Doctor / Lost Time Cases 7.6 OSHA 300 Log 7.7 Monthly Accident Summary 7.8 Inspections by Regulatory Agencies Appendix A. B. Contractor Safety Planning Project Forms B.1 Contractor Incident Investigation Form B.2 Contractor Safety Survey Checklist B.3 Weekly Toolbox Meeting Sign-In Sheet B.4 Contractor First Aid Log B.5 OSHA 300 Log - Summary of Occupational Injuries and Illnesses B.6 Safety Program Notification / Contact List B.7 Monthly Contract Accident Summary Rutgers University Construction Project Safety and Health Program Guidelines Rutgers Site Specific Safety and Health Program Guidelines FOREWORD The Site Specific Safety and Health Program Guidelines (the "Guidelines") have been compiled to set forth safety and health requirements to be utilized by Contractors performing work under this Rutgers University Construction Project, (the "Project"). The Guidelines specifically include required elements of a site-specific safety and health program, which must be developed by Contractors working on the Projects at Rutgers University. The program shall be submitted and approved prior to commencing work. The information and standards summarized in these Guidelines were compiled from sources believed to be reliable. It cannot be assumed that this material includes every loss potential, code violation or exception to good practice and, therefore, is not guaranteed. It is solely the Contractor's responsibility to ensure that its site-specific safety and health program is in conformance with the provisions of the Guidelines and standards set forth under the Williams-Steiger Occupational Safety and Health Act of 1970 as amended, and any other federal, state and local safety and health standards as they apply. The Contractor shall ensure that each of its Subcontractors is provided a copy of the program and ensure they comply with the requirements of these Guidelines. It should also be emphasized that, as with all other aspects of the work, the Contractor's selection of means and methods is his own, and that any and all suggestions contained in these Guidelines are only representative of the types of techniques and practices which the Contractor may choose to employ on this project. Rutgers University Policy Statement The principles of safety and loss control included in the Guidelines reflect a determination by Rutgers University, (the "Owner") to prevent injuries to students, the general public, and workers, as well as to prevent damage to property and equipment. The Owner considers no phase of construction or administration of greater importance than accident prevention, and asserts that accidents which result in personal injury and damage to property and equipment represent needless waste and loss. It shall be the policy of the Owner to conduct all operations safely and thereby prevent injuries to persons and damage to property. Planning for safety shall start with the design and continue through purchasing, fabrication and construction in all phases of the Project. All practical steps shall be taken to maintain a safe place to work. The Contractor must accept the responsibility for the prevention of accidents on work under its direction and shall be responsible for thorough safety and loss control training and instruction of its employees. Rutgers University Construction Project Safety and Health Program Guidelines -1- Rutgers The objective of this policy is to establish, throughout the entire Project, that the prevention of accidents and protection of property is paramount and, shall, therefore, be made top priority and obtain the active support and participation by Contractors and Subcontractors. PROJECT OBJECTIVES The Guidelines have been created to coordinate the elimination or reduction of hazards and risks associated with the construction project, prevent accidents, reduce employees' injuries, prevent damage to property, promote maximum efficiency and effect savings by the reduction of unplanned business interruption. Active participation by the Owner, Contractor management, supervisory staff and employees will make the Project not only effective, but also successful by coordinating the participants' efforts in performing the following tasks: • Provide a safe environment for employees to perform high quality work. • Use safety planning as a tool to reduce bodily injury and property damage. • Provide inspections to locate and abate unsafe conditions and practices. • Protect the public and property immediately adjacent to all construction sites. • Educate and train employees through: i. ii. iii iv. v. vi. New hire orientation; Safety meetings; Safety training (i.e., Hazard Communication, Fall Protection, Lockout/Tagout, Etc.); Mandatory personal protective equipment programs; Injury reporting and record keeping in order to maintain up-to-date accident experience information, trend analysis, etc.; and Using accident investigation information to abate deficiencies and eliminate any additional losses. Rutgers University Construction Project Safety and Health Program Guidelines -2- Rutgers 1. Administration and Organization 1.1 Purpose and Scope The Contractor shall develop and implement a written, site-specific, safety and health program (the "Program") for its work under the Project. The Contractor shall establish an administrative and organizational structure for implementing its Program. 1.2 Duties and Responsibilities 1.2.1 Contractor Requirements The Contractor shall comply with all applicable Federal, State, and local safety requirements and it’s Program. Upon receipt of a notice by the Owner or Designee of non-compliance under its Program, the Contractor shall initiate corrective actions as soon as possible. 1.2.2 Contractor's Safety and Health Program The Contractor shall submit its Program to the Owner for review within fifteen (15) days of selection and conditional designation for Contract award. The Program, which shall include details commensurate with the work to be performed, must clearly describe the Contractor's commitments for meeting its obligations to provide a safe and healthy work environment for its employees and Subcontractor employees, and its obligations to protect vendors, visitors, and members of the general public. The Program shall reference Federal OSHA standards, and any other rules or regulations applicable to the Project, including state and local requirements. It is not intended that “new” Safety and Health Programs and Policies be necessarily developed by the Contractor. Rather, it is expected that existing policies be adapted to reflect site specific operations and expectations of these guidelines. 1.2.2.1 Site Specific Operations Planning In fulfilling its obligation to develop and implement the Program, the Contractor is required to follow the Guidelines. The Program shall specifically describe operations to be conducted, and whether this work will be self-performed or subcontracted. A brief description of the expected hazards of each task should be given, followed by steps to control these hazards. The Safety Auditor, if any, is available for assistance in all phases of Program development and implementation. Rutgers University Construction Project Safety and Health Program Guidelines -3- Rutgers The Contract Safety Planning Guide (Appendix A.1) should be used as a template to help identify and describe construction operations, expected hazards, and planned safety controls for all activities under the Contract. It is understood that specific methods to some construction operations may not be known at the time of Program development. A brief paragraph for each expected operation, including primary hazards and planned controls, is expected. The Contractor's contractual safety and health requirements and these Guidelines may be highlighted during the Pre-Construction Conference. The Program shall be revised by the Contractor on an as-needed basis and will be submitted to the Safety Auditor, if any, immediately for review. 1.2.3 Contractor Management Responsibilities The Contractor is responsible for providing safety supervision of its employees, subcontractors, vendors, and visitors. In this regard, supervisors have the highest level of management responsibility for ensuring workers conduct their work in a safe and efficient manner. The supervisor responsibility for safe performance requires that supervisors be trained in hazard recognition and safe works practices, and have the skills to convey these elements to the worker. The Program must address safety and health responsibilities at all levels of supervision. These responsibilities shall include, but not be limited to the following: • Providing safety supervision during all work shifts. • Providing an effective administrative and managerial structure to administer the Program. • Implementing hazard prevention in all aspects of job planning. • Instructing employees in the recognition and avoidance of hazards on the worksite. • Verifying that the employees are trained in the recognition and avoidance of hazards on the worksite. • Enforcing the requirements of the Program. • Encouraging the active participation of employees in safety meetings. • Developing and implementing procedures for proper treatment, investigation, documentation, and reporting of all employee injuries and illnesses. • Taking appropriate corrective action when unsafe acts or conditions are identified. • Maintaining open lines to communicate management and employee safety concerns effectively. • Maintaining all equipment in safe condition. • Establishing an emergency evacuation plan. • Issuing appropriate personal protective equipment and training employees in its use. • Performing or assisting in the investigation of all incidents. • Cooperating fully with the Safety Auditor, if any. • Monitoring employee safety and health. Rutgers University Construction Project Safety and Health Program Guidelines -4- Rutgers 1.2.4 Designation of Safety Representative The Contractor shall propose, in writing, a qualified member of its organization to serve as Safety Representative, who will be responsible for enforcing the Contractor's safety and health obligations and it’s Program. The Safety Representative shall be an on-site, full-time member of the Contract supervisory staff, whose sole duty will be to implement the Contractor’s site-specific safety and health program. The proposed Safety Representative’s qualifications should be commensurate with the specific Project scope. This person's name and qualifications shall be submitted to the Owner for review. In addition, each Subcontractor shall also be required by the Contractor to designate a responsible supervisory representative, as Safety Coordinator, to assist the Safety Representative in the performance of duties described below. Each Subcontractor Safety Coordinator is required to have, at minimum, OSHA 10-Hour Outreach training. The Safety Representative shall have authority to immediately correct unsafe conditions and/or unsafe acts throughout all phases of the contract, including those involving Contractors, Subcontractors, employees, visitors, vendors, and the general public. The Safety Representative shall be involved in the construction planning process. In the event of substandard performance by the Safety representative in its duties, the Owner reserves the right to request additional site safety management assistance, including the appointment of another full-time, site dedicated, qualified safety professional. The Safety Representative's duties shall include, but are not limited to: • Conducting and documenting at least daily, safety and health inspections of the Contractor's site. • Ensuring Subcontractor compliance to all applicable safety and health requirements of the Guidelines and the Program. • Verifying and documenting safety and health orientations for employees, visitors, and vendors. • Monitoring employee compliance with applicable safety and health requirements. • Coordinating workplace injury, illness, and property damage reports. • Training and advising personnel on safety and health regulations, inspections, and activities. • Providing information to employees regarding emergency response duties and procedures. • Attending and participating in project safety and toolbox meetings. • Verifying and documenting safety and health meetings. • Maintaining the Contractor’s Safety Bulletin Board. • Posting safety notices, bulletins, and emergency telephone numbers in designated areas. • Interpreting safety and health requirements for the Contractor. • Assisting in the preparation of Job Safety Analysis • Providing an accurate monthly injury and illness report summary including all man hours for the prime and subcontractor (Appendix B.7) 1.2.5 Safety Auditor Rutgers University Construction Project Safety and Health Program Guidelines -5- Rutgers The Safety Auditor, if any, hired by the OCIP Administrator, if any, to assist the Owner in assuring that the Contractor implements its safety program, will monitor compliance with applicable safety and health regulations including Federal, State, and local standards and the Program. NOTE: No requested advice from the representatives of the OCIP Administrator, if any, the Safety Auditor, if any, Project Architects, Engineers, the Owner, or Insurance Carrier, if any, shall in any way relieve, alter, change or amend any of the Contractor's expressed, implied or inherent legal and/or contractual obligations. Furthermore, the authority vested in the Owner and its designated representatives, including the OCIP Administrator, if any, and the Safety Auditor, if any, to act on, or notify the Contractor with respect to, safety matters, shall not in any way reduce the Contractor's responsibility for safety and accident prevention. Rutgers University Construction Project Safety and Health Program Guidelines -6- Rutgers 2. Hazard Control 2.1 Purpose and Scope The Contractor shall establish controls for the recognition and elimination of unsafe practices by employees, subcontractors, visitors, and vendors, and shall maintain safe physical conditions for all persons at the work site. 2.2 Supervisory Control Continued safety monitoring of each Contract work area will be accomplished by the Contractor's supervisors and Safety Representative. The Contractor's supervisors shall conduct daily surveys of operations to detect any potential sources of injury or property damage. A written record of the daily surveys shall be kept and shall include corrective actions for corrected deficiencies. Systems shall be in place for developing, implementing, and tracking corrective actions. 2.3 Employee Involvement in Hazard Identification A system shall be in place by which Contractor's employees are able to immediately notify their supervisors and the Safety Representative of the existence of any hazards at the worksite. This system shall include provisions for timely corrective actions and for providing feedback to employees. 2.4 Substance Abuse Policy A policy shall be in place for the establishment and maintenance of a safe and efficient work environment for all personnel, free from the effects of alcohol, illegal drugs, and other controlled substances. Policy requirements should be consistent with General Conditions, Article 8.2.3 – Drug and Alcohol Testing. In addition to the required testing, the Contractor's policy shall specifically prohibit the use, possession, concealment, transportation, promotion, or sale of any of the following: • Alcoholic beverages. • Marijuana and other illegal drugs, look-alikes and designer drugs. • Drug paraphernalia. • Controlled substances such as medications when usage is abused or when the substance is possessed without proper prescription labeling. To be under the influence of any of the above substances while working on the Project or to use, possess, conceal, transport, promote or sell any of the above substances will be grounds for disciplinary action, up to and including termination from employment on said project. In support of this policy, the Contractor and its Subcontractors are required to maintain an effective employee substance abuse program. The Contractor is also responsible for reporting to the Owner, any incidents in violation of the substance abuse program and the disposition of the violation. The Contractor shall submit to periodic audits by the Owner or its Designee of the Contractor's Rutgers University Construction Project Safety and Health Program Guidelines -7- Rutgers substance abuse program. 2.5 Weapons and Controlled Items The Owner prohibits the use, possession, concealment, transportation, promotion or sale of the following controlled items at the jobsite: • Firearms, weapons, and ammunition - except when authorized for security reasons. • Unauthorized explosives including fireworks. • Stolen property or contraband. 2.6 Disciplinary Sanctions The Program shall include procedures for enforcement of safety rules, including, at least a progressive means of discipline for enforcing the Contractor’s safety and health rules of the Project. The Safety Representative shall continually monitor the construction safety performance of the Contractor and all Subcontractors. Should the Contractor or a Subcontractor continually be in non-compliance with Safety and Health requirements of their Program, work operations should be ordered to be stopped by the Safety Representative (at the Contractor's expense), until all concerns are abated. Persistent non-compliance may result in termination of the Contract. 2.7 Personal Protective Equipment The Program shall include a written personal protective equipment program. The program shall address, but is not limited to the following: Hard Hats - mandatory at all work sites, at all times. Eye Protection - mandatory for all workers on the Project at all times. High Visibility Clothing or Vests: - mandatory for all site workers engaged in outdoor activities and exposed to vehicles and/or heavy equipment. Hearing Protection - mandatory in all operations creating noise above 85 DBA. Hand Protection – Gloves shall be required for all activities which subject workers to laceration hazards. Safety Harnesses - shall meet ANSI Standards and be worn by employees in accordance with OSHA requirements. Footwear - shall be sturdy and made of leather similar materials. Shirts - only those with sleeves are allowed, no tank tops or mesh shirts. Respiratory Protection - when respirators are necessary, the Contractor shall have a respiratory program that complies with OSHA requirements. Employees shall be fitted for and instructed in the proper use of respirators that will afford them the maximum protection for the environmental hazard in which they are working. Copies of this program may be reviewed by the Safety Auditor, if any. The program shall contain the reason for and the conditions under which such equipment shall Rutgers University Construction Project Safety and Health Program Guidelines -8- Rutgers be worn and discuss methods of enforcement and disciplinary actions for non-compliant workers. 2.8 Special Hazardous Work Procedures (Job Hazard Analysis) The Program shall include effective controls to prevent workplace injury, illness, and property damage in special hazardous work environments. Specific procedures shall address supervisory control over hazard recognition, isolation, testing, evacuation, and monitoring. Detailed emergency procedures shall identify available emergency equipment and personnel responsible for rescue operations. The Program shall also provide for the development and implementation of hazardous work permit procedures. These special permits shall be issued by the Contractor and retained at the project site for the duration of the contract. They will include written Job Hazard Analysis (JHA) to be completed and approved prior to the issuance of permits. The Owner or Designee may request a written Job Hazard Analysis, any time during the Contract, for operations expected to, or shown to involve hazardous operations. Examples of Special Hazardous work environments include, but are not limited to: • Confined Spaces • Maintenance of Energized Equipment (Lockout/Tagout) • Critical Crane/Hoist Lifts • Burning, Welding, Grinding • Excavations • Work from Heights • Hazardous Materials Handling • Building Demolition The Safety Auditor, if any, is available for assistance in the development of Special Hazardous Work Procedures during the course of the contract. 2.9 Campus / Community Public Protection The Program should specifically identify hazards to be anticipated by students, visitors, vendors, trespassers, and the general public and describe actions planned to control these hazards. 2.10 Dust / Debris Control Plan The Program should outline hazards/concerns to be expected through creation of dust, soils tracking, and other debris associated with the Construction operations. The Program should also describe methods of control for the identified hazards, including vehicle wheel-washes, wet-down methods, debris nets, covered debris containers, and rodent control methods. 2.11 Fire Prevention The Contractor shall comply with the requirements of the National Fire Protection Association (NFPA) and applicable regulations of Rutgers University, the State of New Jersey, OSHA, and other local, state, or federal authorities having jurisdiction over the project. Rutgers University Construction Project Safety and Health Program Guidelines -9- Rutgers The Safety and Health Program shall address the following at a minimum, Cutting and burning procedures in locations where combustible and flammable materials are present Size, location, and type of fire extinguishers Fire watch, including duties and responsibilities Hot work permits per 29 CFR 1926.800 Operation and maintenance of temporary heating equipment Storage of flammable and combustible materials Storage of welding gasses Housekeeping 2.12 Site Security The Program should outline provisions planned to ensure a secure worksite during the entire course of construction. At a minimum, the plan should describe fencing, exterior lighting, security personal and/or electronic monitoring provisions. 2.13 Fall Protection The Program should outline the means by which workers will be protected from falls. Rutgers University requires that all accessible project areas will be protected from falls at heights of 6 feet or greater. All workers exposed to heights of 6 feet or more will be protected from falls at all times including during steel erection, scaffolding erection/dismantling, and scaffolding use. Fall protection for portable ladder use is required for workers exposed to building perimeter and shaft areas. 2.14 Scaffolding Inspections The Contractor will ensure that all scaffolding is constructed, maintained, and used in accordance with OSHA and Manufacturer requirements. The Contractor will ensure that documented daily inspections are conducted and that all workers are trained appropriately. Documentation will be maintained by the Contractor Safety Representative. 2.15 Competent Person Designations To document instances where regulatory standards specify the qualification of a “Competent Person”, the Contractor shall maintain an updated list of persons on site filling the respective requirements. 3. Emergency Procedures 3.1 Purpose and Scope The Program shall include emergency procedures for the protection of all persons on site (including the general public, vendors, visitors, and employees of other contractors), equipment, structures, and materials on the Project. 3.2 Site Specific Emergency Procedures Site- specific emergency procedures shall be developed and implemented for, but not Rutgers University Construction Project Safety and Health Program Guidelines - 10 - Rutgers limited to, the following: • Fire • General evacuation of the worksite. • Confined space rescue. • Personal injury. • Workplace violence. • Explosion. • Bomb threats. • Release of hazardous substances. • Severe weather. • Public demonstrations. • Interruption of public utilities. The Program should discuss what procedures are in place for emergency situations and how the procedures are continually communicated to workers. The Program should discuss methods of communication and documentation of emergency events as well as responsibility chains of command. The Program should identify responsible personnel by name and title where possible. All emergency phone numbers should be conspicuously posted at the work site and employees should be aware in their responsibilities. In the event of a serious accident or emergency, the Contractor shall contact the Owner immediately after securing the required emergency assistance and stabilizing any safety concerns. If an emergency requires the presence of an ambulance, the Fire Department or Police, the Contractor shall secure the appropriate service and then notify the Owner, and the Safety Auditor, if any. 4. Safety and Health Training 4.1 Purpose and Scope The Program shall establish and implement programs for the education and training of employees, subcontractors, visitors, and vendors in the recognition, avoidance, and prevention of unsafe acts and conditions. All plans shall be site specific. 4.2 Training Elements The Program shall include, but not be limited to, the following elements: 4.2.1 Contract Safety Orientation Prior to entering the work area for the first time, each on-site employee of the Contractor and any Subcontractor shall receive a safety and health orientation, which shall provide basic information regarding the Program, OSHA Standards, emergency procedures, and applicable Contract rules and procedures. Additional safety and health instructions shall be required for the performance of hazardous or unfamiliar tasks. Documentation of this and all training shall be kept on site for the duration of the Contract. 4.2.2 Weekly Tool Box Safety Meetings The Contractor is required to ensure each on-site worker, whether employed by the Contractor Rutgers University Construction Project Safety and Health Program Guidelines - 11 - Rutgers or any of its Subcontractors, attends a weekly "Tool Box Safety Meeting". Subject material should be pertinent to their planned work. Copies of the completed documentation for all workers on site should be maintained by the Contractor Safety Representative. 4.2.3 Contractor Safety Meetings Contractor Safety Meetings shall be conducted at least weekly and may be in conjunction with other meetings. The Contractor and Subcontractor supervisory personnel and the Safety Representative will be required to attend. A written agenda shall be provided and minutes kept on actions taken. An attendance sheet should be signed by those present and retained by the Contractor. 4.2.4 Hazard Communication Training Hazard Communication Training shall be conducted prior to employees being subjected to an exposure to, or use of, a known hazardous substance. Specific requirements of this training are described in section 5.4 of these Guidelines. 4.2.5 Safety Orientation for Supervisors Contractor shall design and implement a program to orient supervisors on their roles in the safety program. This orientation, which shall be documented, will outline his/her duties and responsibilities for safety and health in daily work activities. At a minimum, this orientation will address their responsibilities and procedures for the following: • Construction Master Safety Program Guidelines • Contractor Safety and Health Program • Safe Work Areas • Safe Work Practices • Emergency Response • Accident Investigation • Safety Inspection • Safety Training • Fire Prevention and Protection • Enforcement • Equipment Safety • Safety Equipment Use and Maintenance 4.2.6 Daily Pre-Task Planning Supervisors and employees shall review hazards and develop appropriate controls before each task is performed. To facilitate this, the Program should include a policy for the completion of daily pre-task plan worksheet. After reviewing hazards and controls with workers, supervisors should submit Pre-Task Planning worksheets on a daily basis to the Site Safety Representative. 4.2.7 Pre-Construction Safety Review Prior to commencing work on site, the Contractor will coordinate a Safety Review meeting for each first tier subcontractor. The meeting should be attended by the Contractor Rutgers University Construction Project Safety and Health Program Guidelines - 12 - Rutgers superintendent, Contractor Safety Representative, Subcontractor management representative, and the Subcontractor on-site foreman. The meeting will review expected safety hazards for each subcontractor’s work and document the planned controls. In addition, the participants will review the Site-Specific Safety and Health Program and subcontractor performance expectations. 4.2.8 Documentation Retention All safety meeting and training shall be documented with records maintained by the Contractor and retained on-site for the duration of the Contract. 5. Hazard Communication 5.1 Purpose and Scope In order to protect workers who may use or be exposed to hazardous substances, the Program shall include a written Hazard Communication Program. 5.2 Responsibilities The Contractor shall ensure that each worker is informed of the Hazard Communication Program including the required list of hazardous substances, and the associated Material Safety Data Sheets (MSDS). In addition, the Contractor shall ensure that hazardous substances and/or their containers in the workplace are marked with the identity of their contents. The means of identification must provide warnings appropriate for employee protection. The Contractor shall develop, implement, and maintain a system that will ensure that employees of any other contractors, visitors or vendors who are exposed to its hazardous substances are informed of the hazards of those substances. 5.3 Hazard Communication Program ("HCP") The Contractor shall ensure that a written HCP is developed and that it contains the following elements: • The name of the program coordinator. • A formal written system that ensures that MSDS are obtained and made readily accessible to all employees, including lower tier Subcontractor personnel, on each shift. In the event of an emergency, MSDS shall be made available on an immediate basis. • A labeling program that ensures that containers of hazardous substances in the workplace are properly labeled with the name of the substance and any applicable hazard warnings. • A training program regarding hazards of substances that are used in the workplace and the protective measures that must be taken by the employee or any other persons potentially exposed to the hazardous substances. 5.4 Hazard Communication Training The Contractor shall ensure that each employee prior to working with, or being potentially Rutgers University Construction Project Safety and Health Program Guidelines - 13 - Rutgers exposed to, hazardous substances receives initial training on the HCP and the safe use of these hazardous substances. Additional training must be provided to employees whenever new substances are introduced to the workplace. In addition, the training program must include the following: • Methods that can be used to detect the presence or release of a hazardous substance in the work area. These methods include: monitoring, automatic alarms, visual appearance or odor of hazardous substances when being released, etc. • The physical and health hazards of the substances in the work area. • Examples of protective measures, including specific procedures the Contractor has implemented to protect employees from exposure to hazardous substances (e.g., appropriate work practices, emergency procedures, and personal protective equipment) to be used. • The details of the HCP developed by the employer shall include an explanation of the labeling system and how to use the MSDS for exposure prevention and emergency response. 5.5 Record Keeping Permanent records shall be maintained by the Contractor, describing all HCP training sessions. Persons conducting the training shall verify attendance by circulating an attendance sheet. 6. First Aid and Medical Services 6.1 Purpose and Scope The Program shall include written procedures for providing first aid treatment, medical services, and transportation of workers who incur occupational injuries or illnesses at the work sites. 6.2 Staffing The Program shall describe how the Contractor will ensure that first-aid is readily available to all Contractor and Subcontractor employees during all work shifts. Names and qualifications of designated First-Aid/CPR responders shall be included in the Program and posted on site to facilitate quick response. All supervisory personnel should be encouraged to be current first aid and CPR card holders. Rutgers University Construction Project Safety and Health Program Guidelines - 14 - Rutgers 6.3 Reporting All on-site workers, whether employed by the Contractor or any of its Subcontractors, shall be instructed to report all injuries, no matter how minor, to their supervisor. The supervisor shall then notify the Safety Representative. Treatment shall be rendered by qualified persons and the incident recorded on the Contractor’s First Aid Log. A monthly summary of First Aid incidents is required as described in section 7.7 of the Guidelines. 6.4 Transportation The Program should include provisions regarding transportation for employees needing medical treatment for work-related injury or illness on their initial visit to the doctor/medical facility. The Program shall indicate what doctor or medical facility the Contractor plans to utilize. For emergency transportation, the local ambulance service should be used for the emergency transportation of injured or ill employees. The Program shall designate who will be responsible for notifying the ambulance and providing information describing the exact location of the injured employee. The Program shall also provide a system for assigning responsibility for emergency notification in the absence of designated persons. 6.5 Local Emergency Telephone Numbers The Program shall identify the following telephone numbers which shall be conspicuously posted at the work site and provided in the Contractor's site telephone book. • Ambulance • Fire Department • Police • Hospitals (Emergency Room) Rutgers University Construction Project Safety and Health Program Guidelines - 15 - Rutgers • Poison Control Center • Pollution, Toxic Chemical and Oil Spill Response • Owner • Safety Auditor, if any The list shall be reviewed at least quarterly and updated as necessary. In addition active phone service or equal communication system must be in place at all times during the operations. 7. Incident Investigation, Reporting, and Record Keeping 7.1 Purpose and Scope The Program shall establish procedures for notification, investigation, report, and documentation of all adverse safety and health incidents resulting from activities that occur on the work site. 7.2 Notification The following incidents require notification to the Owner and the Safety Auditor, if any, by the most rapid means available: • Fatalities • OSHA Recordable Injuries (Includes all lost time injuries) • General public injuries requiring medical attention • Property Damage over $1000 • All fires and explosions 7.3 Investigation Investigation of workplace incidents, including injury, illness, property damage, and significant near-misses, is a key to improving safety and health programs. Investigation is different from reporting in that it is an effort to determine incident causes through analysis of conditions, witness accounts, and other facts surrounding specific happenings. Investigation of the following shall be conducted to determine immediate, contributing, and root causes. The Program should specify a system for preventing recurrence of investigated incidents. All investigations must be conducted by appropriate supervisory personnel and must be documented on the Contractor's Incident Investigation Report (Appendix B.1) or similar document approved by the Owner or designee. • All OSHA recordable injuries/illnesses and property damage over $1000 shall be investigated thoroughly to determine the circumstances, nature, and extent of injuries, illnesses, or property damage. • All incidents involving medical attention to the general public shall also be thoroughly Rutgers University Construction Project Safety and Health Program Guidelines - 16 - Rutgers investigated to determine the circumstances, nature, and extent of injuries, illnesses, or property damage. • All other potentially serious incidents, including near misses, shall be investigated to identify their circumstances, causes, and corrective actions. 7.4 Documentation and Reporting All incidents requiring investigation will require a preliminary written report by the end of the following work day and a final report within 5 working days. Documentation of all incidents, including first-aid, will be maintained on file at the Contractor's office and be available for review by the Owner or Designee at any time. 7.5 Doctor/Lost Time Cases When a Contractor or Subcontractor employee is referred to a physician or medical facility for treatment of an occupational injury/illness, the following forms should be completed and copies forwarded to the OCIP Insurance Carrier, if any: Worker's Compensation Form (First Report of Injury) - This form should be forwarded immediately to the OCIP Insurance Carrier, if any, and must be completely filled out. Instructions for completing necessary insurance forms can be provided by the OCIP Administrator, if any. Supervisor's Incident Investigation Report - This form shall be completed by the injured/ill employee's Supervisor immediately upon report of an occupational injury/illness that requires treatment by a physician. Worker’s Description of Incident - This should be completed by the worker in his/her handwriting, describing the circumstances and events leading to and including the cause of, the injury or illness. This document must be signed and dated by the employee. 7.6 OSHA Form 300A - Summary of Occupational Injuries and Illnesses OSHA requires that each employer maintain records of occupational injuries and illnesses. The OSHA 300 log and the OSHA Form 301 are required to be maintained for recordable injury and illness. The forms and summary shall be maintained by each Contractor and Subcontractor at their work sites and shall be provided to the Safety Auditor, if any, upon request. In addition, OSHA requires that these forms be posted, in an area available to employees, for the months of February, March, and April each year. 7.7 Monthly Contract Accident Summary The Contractor shall complete and submit the Project Monthly Contract Accident Summary as shown in Appendix B.7. Data on the report should include information for the Contractor and all Subcontractors. The report shall be submitted to the Owner or Designee no later than 5 days after the month summarized. For months with no accidents, a completed report with Rutgers University Construction Project Safety and Health Program Guidelines - 17 - Rutgers zeros in the appropriate columns is required. Provided information should include: ● Total Project hours. ● Accident Summary, including near misses. ● Expected activities and planned controls for the following month. ● Appropriate safety-related activities and/or project concerns. ● Summary of safety compliance related activity including OSHA visits, City/State inspections, and Insurance Carrier Loss Control Surveys. Assistance in completing this report is available from the Safety Auditor, if any. 7.8 Inspections by Regulatory Agencies In addition to audits conducted by the Safety Auditor, if any, and Insurance Representatives, if any, Contractor activities are subject to periodic inspection by OSHA and other safety and health regulatory agencies. Upon notification of an on-site inspection, the inspector should be directed to the Safety Representative to discuss the purpose and objectives of the visit. The Safety Representative should immediately notify the Owner, Construction Manager, and the Safety Auditor, if any, to determine if their presence is necessary. The Safety Representative shall document all inspection activities from inception to completion and will take photos where appropriate. The Contractor will forward, to the Safety Auditor, if any, copies of any and all inspection reports and/or citations by regulatory agencies. Rutgers University Construction Project Safety and Health Program Guidelines - 18 - Rutgers Appendix A.1 Contract Safety Planning Guide In developing a site specific construction safety and health program, it is important that a systematic approach be taken to identify and evaluate potential hazards with each phase of the construction process. With potential hazards identified, plans can be developed to control expected hazards, and sometimes eliminate them altogether. As described in Section 1.2.2 of the Guidelines, Contractors are required to identify operations to be performed under the Contract. The following outline shall be used as a template by the Contractor in organizing the site-specific description of Contract operations, expected hazards, and planned controls on the Project. Each phase of the work should be described in detail with special attention given to expected hazards and controls. All applicable topics should be discussed in brief narrative form. Nonapplicable topics should be listed and noted with "N/A". A. General Contract Information I. Give contract price, start date, completion date, and overall scope of the Contract, and the expected level of workforce that is anticipated. Attach a job progress schedule illustrating a rough sequence of the primary phases and operations of the contract II. Describe any significant known structural or unusual hazards as well as any preconstruction surveys that have been or will be conducted. Is groundwater expected to be a concern? III. What site security precautions will be taken for the term of the contract. Will the site have perimeter fencing? How will the public be separated from the work area? Will adjacent sidewalks or public areas be subject to construction hazards? How will public areas be protected? How will equipment and materials be protected from use by trespassers? Will alarms/guards be used? Include any on-shift and off-shift activity. Are multiple work shifts anticipated? Be sure to discuss weekend night security and protection. B. Pre-Construction Surveys Pre-construction surveys are a method used to document the conditions of adjacent facilities prior to construction so that, in the event of a liability claim for damaged facilities, it will be possible to determine if damage has occurred and the extent of it. Typical construction operations that may lead to losses include blasting, pile-driving, excavating, de-watering adjacent to structures, operation of heavy equipment, and underpinning. Will any pre-construction surveys be conducted for this contract? Describe. Rutgers University Construction Project Safety and Health Program Guidelines - 19 - Rutgers C. Specific Operations Planning For each of the following operations, identify which will be self-performed by the Contractor, and which will be subcontracted. In addition, describe the methods, anticipated safety and health concerns (hazards), and controls to be used when performing the operations. In areas where specific information is unknown, describe when the expected information will become available and plans to be followed in forwarding the information to the Owner or Designee prior to initiation of the involved phase(s). For topics listed below that are not applicable to the Contract, the topic should be listed with an N/A designation. To assist in determining related OSHA requirements, some general section reference numbers have been given under listed operations. ANSI, state, local, and manufacturers (equipment, materials) should also be consulted for appropriate hazard control methods also. Land Clearing: OSHA 1926.604 Land Clearing involves the removal of trees and brush. Grubbing also includes removal of stumps. Describe the size of the area to be cleared, site conditions, and methods which will be used to clear and dispose of materials. No open fires will be permitted without specific approval from the local Fire Department, other agencies having jurisdiction, and the Owner. How will materials be removed from the site and how often? Wrecking/Demolition: OSHA 1926.850-860 Describe any wrecking/demolition operations which may be performed. Describe the type of demolition to be done (salvage, use of heavy equipment, wrecking ball or blasting). Remember that wrecking/demolition is a very hazardous operation. Hazards such as collapse, falling objects, poor housekeeping, sharp objects, and possible use of explosives can all exist at one time. Demolition should be well planned before operations begin. This planning should include procedures for searching the structure prior to beginning demolition to clear the area of vagrants, children, or other unauthorized personnel. One particular area of concern is the demolition of pre-stressed or post-tensioned concrete structures. When demolishing structures of this type, special attention should be given to tendons or steel stands under stress. Remember that wrecking/demolition operations not only occur during the demolition of an entire structure but also during renovation, remodeling, and addition work. The method for transporting rubble from the site should be described. Where is the debris disposed of? Will asbestos lead abatement be involved? Describe fire prevention/protection plans. Has the wrecking plan been reviewed by a qualified person, and the necessary regulatory officials, if required, to evaluate the collapse exposure. Work from Heights: OSHA 1926.500 Describe work and areas from which workers will be exposed to fall hazards. Identify methods of fall protection including planned controlled access zones and Fall Protection Rutgers University Construction Project Safety and Health Program Guidelines - 20 - Rutgers Plans. Any work requiring documented Fall Protection Plans (OSHA 1926.502) should not commence without submittal of the Plan to the Owner or Designee for review. Also discuss specific training as required in OSHA 1926.503. Scaffolding OSHA 1926.450 Describe scaffolding to be used on the project. Who will erect/dismantle and what type of fall protection will be used. Is the scaffolding owned by the Contractor, a Subcontractor, or rented/leased? Who will inspect and maintain the scaffolding at what intervals? Who will be allowed to use the scaffolding? Excavation: OSHA 1926.650-653 Explain the excavation work involved, including depth of excavation and type of material to be excavated. Will a utilities locator service be used (i.e., NJ One Call) be notified? Explain how the material will be excavated. Will material be hauled off site or brought in from off site? If de-watering is to be performed, explain method or system to be used and planned safeguards. Will support of excavation be specially designed? By whom? Who will maintain responsibility of the competent person? Will excavations be covered during off-hours? What is the expected fall hazard associated with the excavations? Will areas have perimeter protection? Do you expect environmental hazards such as hazardous materials and/or air quality issues? How will these be addressed? Another item to consider during excavation is the surrounding exposures. Buildings, structures and utilities may all be subject to vibration from excavation operations or to soil subsidence due to de-watering or soil slope failure. If the possibility of these hazards exists, pre-construction surveys should be considered. If shoring or de-watering will be involved, a program for monitoring movement of the shoring system of surrounding buildings should be implemented. Another area to consider is silt and mud runoff from the project. Identify measures taken (silt settling ponds, woven plastic fabric fences, etc.) used to contain silt runoff. Excavation Shoring: OSHA 1926.650-653 Describe the method of shoring to be utilized. Who designed it? State whether there will be any walers, cross bracing, rakers, or tie backs. (A simple sketch may be helpful.) If tie backs are used, describe the material into which they are being anchored. One caution regarding tie backs: check to be sure that the Contractor/Subcontractor knows what they are drilling into. When shoring is used, will movement (horizontal, vertical, or rotational) of the shoring system be monitored? This is particularly important when there are adjacent exposures which could be affected by soil movement. If ground water may build up behind shoring, has the shoring been designed for this load? Pile Driving: OSHA 1926.603 Rutgers University Construction Project Safety and Health Program Guidelines - 21 - Rutgers Describe the type of piles and either the number of piles or the linear feet of piles to be driven. Describe the method in which they will be driven. How will piles be brought to the site? Will there be a designated lay-down area? State the depth to which they will be driven. What is the distance to nearby structures? Describe measures to be used to control impact of vibration on surrounding exposures and effect of noise on workers. Are pre-construction surveys required? Underpinning: Explain the type of structure to be supported and the method by which it is supported normally. Explain the type of underpinning to be used and its method of installation. Describe any problems anticipated. Who designed the underpinning and what is their experience? Are confined space issues expected? Grading: Grading is normally considered to be the light (relatively) movement of soil around a given site. Cuts and fills may only be a couple of feet in depth. For greater depths, the work would be classified as excavation. Hauling of any quantity of soil or rock on to or away from the site would also make the work fall into the excavation category. A lawn or parking area might be graded while a basement would be excavated. Will structures and/or adjacent vehicles be at risk of damage? How will the public be kept from work areas during operations? Caissons: OSHA 1926.801 Will these be vertical shafts that are hand dug or drilled, or will these be of the pneumatic type used on large bridge foundations? To what depth will the caisson go? Is there any potential for explosive or toxic gases? Will personnel or inspectors have to go into the caissons? If shaft caissons have to be belled out at the bottoms, will it be done mechanically or by hand? Explain how workers will be protected from soil collapse. Describe air monitoring plans and planned rescue procedures. Also describe perimeter fall protection. If the caissons involve compressed air, give details. Concrete Form Work: OSHA 1926.700-702 Describe the type of forming system to be used; such as, built in place, flying forms, preengineered panel forms, slip forms, or pan forms. Determine the schedule for forming, placement of reinforcing steel, concrete pouring, and stripping of forms. Explain how forming materials will be stored before and after use. Tell if any form releasing agents are being used and what precautions are being taken to reduce splatter or ignition of combustible agents. Often, concrete forming operations have a history of poor housekeeping. This is caused by the presence of scrap lumber, nails, fasteners, excess concrete splatter, and other materials. How will these issues be controlled? Describe fire prevention/protection and fall protection issues. Rutgers University Construction Project Safety and Health Program Guidelines - 22 - Rutgers Concrete Placement: OSHA 1926.700 702 Describe how the concrete will be placed (bucket, pump, conveyor, buggy). Tell of precautions to be used to reduce concrete splatter. This is particularly important on high rise construction. Describe safeguards to be taken to protect workers who are placing concrete. For columns, piers, and building perimeters, how will fall exposure be controlled? Explain temporary heating methods and controls for cold weather pouring operations. Carpentry: Explain the type of carpentry work to be performed. Tell of any unusual carpentry operations to be conducted, and operations which may present a serious hazard to workers; (e.g., working at heights). Explain proposed safeguards to protect workers from these hazards. Major hazards associated with carpentry operations include housekeeping machinery, and material handling. Areas where work is performed should be kept clear of scrap lumber, sawdust, and debris. Debris should be removed on a scheduled basis. Masonry: Tell type of masonry to be used (HCB, brick). Consider access of scaffolds, hoists, and material handling equipment at working levels above ground level. Describe overhead protection for areas below where work is being performed. Tell how free standing masonry walls will be braced against winds. Hazards normally associated with masonry operations are falling debris and collapse of un-braced walls during construction. Structural Steel: OSHA 1926.750-752, 1926.550 Outline work to be done, and describe hoisting equipment to be used and method to bring steel to site. Will there be any offsite storage of materials? Describe how workers will be protected from falls during steel erection. Tell what protective measures will be taken to protect surrounding exposures from hazards associated with steel erection: e.g., planking to protect surrounding buildings/persons from accidentally dropped members/tools/materials. What precautions will be taken to contain sparks and slag from welding operations? Roofing: OSHA 1926.500 Describe the type of roofing system to be installed. Tell what precautions will be used to safeguard roofing operations. Hazards normally associated with roofing operations include falls from heights, burns from hot materials (hot asphalt), fumes from coal tar pitch, and fire potential from asphalt heating equipment. Describe safeguards. Workers should be properly clothed for work on roofs, particularly during summer months. Roofing operations can create injury and property damage from windblown or dropped debris, water leakage, or splatter from roofing materials. Describe the safeguards to be taken in these areas. Determine method for lifting materials to roof level. If membrane roof, determine types Rutgers University Construction Project Safety and Health Program Guidelines - 23 - Rutgers of solvent, cleaners, and cements to be used. Describe controls of hazards associated with these items. Electrical: OSHA 1926.400-405 , NFPA 70E Explain what electrical work will be taking place and who will be performing this work, and what safeguards will be taken. Tell if any "energized work" will be performed or if tieins will be made to existing systems. Comment upon any work which may be conducted on or around electrical utilities. Describe the work to be performed and the safeguards to be taken. Will a utilities locator service be used (i.e., NJ One Call) be notified? If temporary wiring is involved, another area to consider is the type of grounding program to be utilized on the project. Describe how if ground fault protection will be implemented on site. What type of inspection/testing of ground fault circuit interrupters and installations will be conducted? What testing will be done of installations, and what records will be maintained? Describe energization procedures of buildings and/or processes. What controls will be in place to protect workers from the release of hazardous energy? (Lockout/Tagout) HVAC (Heating, Ventilating, Air Conditioning): Work of this nature normally involved work with sheet metal duct sections which can be quite large at times. Fiberglass duct work is also used. Many hazards are involved with this type of work but the most prevalent are cuts from sharp edges; material handling; problems due to heavy and bulky materials; and foreign body in eye accidents from metal shavings created by cutting, drilling, or screwing into duct sections. What testing will be done of installations and what records will be maintained? Will hoisting units to the roof involve special rigging considerations? Rutgers University Construction Project Safety and Health Program Guidelines - 24 - Rutgers Plumbing: Describe any plumbing or mechanical work which will be performed and the safeguards to be taken. If any specialized equipment is to be installed, describe this equipment and the operations required to put it into place. Hazards involved with plumbing and mechanical type work come from various operations such as, welding and cutting, heavy material handling, work in tight or close quarters, and work with high pressures involved with testing and startup of plumbing or mechanical systems. Steam Fitting: Steam fitting operations have hazards similar to plumbing operations with the difference being that the piping will carry steam. Pressures and temperatures within this piping can be quite high and, therefore, safeguards should be taken to protect workers from these hazards. When commenting upon steam fitting operations, describe the operations to be conducted and the safeguards to be used. Painting: Painting operations can create a number of hazards and/or exposures on a job. Over spray from painting operations should be controlled to present damage to adjacent exposures (cars, buildings, and pedestrians) and adjacent work areas. Paint fumes should be properly exhausted and/or the workers should wear proper respiratory protection when paints contain chemicals which can be dangerous when inhaled. This is particularly important when working with lead based paints as on bridge painting operations. Paint flammability should be considered so that appropriate safeguards and fire prevention measures can be taken. Be sure to describe any on-site storage of any flammable paints. Describe work at heights and fall protection concerns and controls. Drywall/Plastering: Explain how materials will be brought to the site (crane, material hoist, manually). Plaster may be pumped and sprayed on. Can floors be overloaded with construction materials? For powder actuated tools, have workers been trained and certified? (Documentation should be on site) Will employees use eye, hearing, and respiratory protection? Explain any unusual scaffolds required. Street and Highway: This may cover excavation, drainage operations, or bridge work as well as paving. Street and highway operations pose a variety of hazards and exposures. Areas which should be emphasized are traffic control procedures, incidental bridge work, underground utilities, and adjacent exposures. If traffic will be rerouted, explain signage, barricades, after hours warning lights, and maintenance of traffic control devices. Review equipment security procedures to be used to control theft and vandalism. Blasting: OSHA 1926.900-914 Give an estimate of the volume of rock, in cubic yards, to be blasted. Also describe Rutgers University Construction Project Safety and Health Program Guidelines - 25 - Rutgers adjacent structures. Can alternate methods of rock removal such as ripping, use of specialized equipment, or jackhammers be utilized? Will explosives be stored on site, or transported on the site? Will licensed blasters be used? What is the company's and blasters' experience? Explain how the public will be warned and informed that blasting will be conducted in the area. When blasting operations are being conducted, consideration should be given to damage created by fly-rock, vibration, or air blast. Precautions taken to lessen the possibility of damage due to these causes should be commented upon in description. Explain the extent to which these precautions are to be taken. If pre-construction surveys are being conducted, explain the detail that will be involved. Will an outside blasting consultant be used? Rutgers University Construction Project Safety and Health Program Guidelines - 26 - Rutgers (Appendix B.1) Rutgers University Construction Project – Supervisor’s Accident Investigation Report Contract: Contractor: Date of Report: _____________ Incident date / time:_____________________ Weather Conditions: _______________________ Incident type (Circle) Worker injury Non-worker injury Near miss incident Property damage Fire Explosion Other ___________ Describe injury (Injury / illness type, body parts affected):_______________________________ Injured Person / Property Owner: ___________________________________________________ Address / Phone #: ________________________________________________________________ _________________________________________________________________ Description of Incident: (Brief factual; description of incident. Use separate sheet if necessary.) _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Incident Causes: (Immediate, Contributory, Root) _______________________________________________ _________________________________________________________________________________________ _ _________________________________________________________________________________________ _ Corrective Action(s): _______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Witnesses (Name, Address, Phone): __________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Police Report files? Y / N Photos taken? Y / N OSHA or other Agency involved?: __________ Foreman / Supervisor: ___________________________________________ Date: _____________ Project Manager / Superintendent: _________________________________ Date: ____________ Rutgers University Construction Project Safety and Health Program Guidelines Rutgers This entire form should be completed and additional paper used as necessary. Rutgers University Construction Project Safety and Health Program Guidelines (Appendix B.2) Rutgers University Contractor Safety Survey Checklist A Contract Safety Checklist will be available from the OCIP Auditor, if any. Rutgers University Construction Project Safety and Health Program Guidelines (Appendix B.3) Rutgers University Project Weekly Toolbox Meeting Agenda Contract_____________________________ Topics Discussed: 1. Upcoming work, safety hazards, safety controls: Contractor___________________________ 2. Safety related Incidents since last meeting: 3. Observed Safety non-compliance issues: 4. Actions Taken/Planned as a result of this meeting: ________________________________ Safety Representative’s Signature Copies of completed forms, with attendees’ signatures should be maintained on file and available to the Owner or Designee. Rutgers University Construction Project Safety and Health Program Guidelines (Appendix B.3) Rutgers University Project Weekly Toolbox Meeting Attendance Roster Name (print) Signature Craft Signatures should be continued on back page and/or additional page(s). GC AGREEMENT, Revision Date: 5-5-2010 Project Name: Writers House (Appendix B.4) Rutgers University Project Contractor First Aid Log All First-Aid Treatment should be logged by the care provider. The form should be maintained on site for the duration of the Contract. Date Treatment Provider Signature Injured Worker Additional copies of this form should be made as necessary. Note, all injuries to non-workers should be reported to the Contractor Safety Representative. GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House (Appendix B.5) OSHA 300 Log – Summary of Occupational Injuries and Illnesses Each Contractor is required to maintain an OSHA 300 Form - The OSHA Log. The form can be obtained at a local OSHA office or from the OCIP Safety Auditor, if any. GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House (Appendix B.6) Rutgers University Project Notification / Contact List Summary Rutgers University Representatives: TBD Contractor Project Manager: Contractor Superintendent: TBD TBD Contractor Safety Representative: TBD OCIP Safety Auditor, if any: Don Perrault, Jr. OCIP Safety Consultant Academic Risk Resources & Insurance 930 Commonwealth Avenue, South Boston, MA 02215 (617) 732-0028 office (860) 250-4723 cell (617) 732-1501 fax OCIP Administrator, if any: Wendy O’Brien Senior OCIP Administrator Academic Risk Resources & Insurance 930 Commonwealth Avenue, South Boston, MA 02215 Ph: 617-732-1514 Fx: 617-732-1503 Insurance Carrier Safety Representative, if any: GC AGREEMENT, Revision Date 1-23-2013 TBD Project Name: Writers House (Appendix B.7) Rutgers University Construction Project Monthly Contract Accident Summary Contract: GC / CM: Report Period: Information for all on-site activities This Month (mm/dd to mm/dd) Year to Date (mm/dd to mm/dd) to to Project to Date (mm/dd to mm/dd) to Hours Worked First Aid Cases OSHA Recordables Lost Time Cases Days Lost Comments / Explanations: (Any OSHA Recordables this month should be listed in this section with worker name, employer, date of accident, and nature of injury. Attach separate sheet as needed.) Prepared by: Date: Contractor Superintendent: Date: Mail or Fax to the Owner and OCIP Administrator, if any, by the 5th day of each month. GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House Exhibit Y OCIP Insurance Manual for Contractors Bound separately. GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House Exhibit Z Inspection Sheet Stormwater Pollution Prevention Inspections must be conducted once every seven (7) days and within twenty-four (24) hours of 0.5” or greater rainfall. All sediment controls must be installed prior to grading and within seven (7) days of first grubbing. TEMPORARY STABILZATION Compliant Non-Comp 1. Are there disturbed areas of the site that will likely be dormant for over 30 days? _________ _________ 2. Have all dormant, disturbed areas been temporarily stabilized completely? _________ _________ 3. Have all stockpiles that will sit for over thirty (3) days been stabilized? _________ _________ 4. Has seed and mulch been applied at the proper rate? (see SESC plan for details) _________ _________ 5. Are any erosion (gullies, sediment plumes) problems that have formed sitewide been repaired and/or stabilized? _________ _________ 6. Has seed or mulch blown away? If so, repair. _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ CONSTRUCTION ENTRANCES Compliant Non-Comp 1. Is sediment being tracked from entrance onto paved surfaces? _________ _________ 2. Is the stone 1 ½” to 2” in diameter? _________ _________ 3. Is the stone at a depth of 6”, with a width and length as per the SESC plan? _________ _________ 4. Are there areas where stone is ground in and no longer functioning for wheel Cleaning? (i.e., stone should be loose to allow for scraping of tires before exiting site) _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ SEDIMENT BARRIERS Compliant Non-Comp 1. Is the silt fence dug in at least six inches (6”) into the ground? _________ _________ 2. Is the trench backfilled to prevent runoff from cutting underneath the fence? _________ _________ 3. Is the fence placed as noted on the certified soil erosion and sediment control plan? _________ _________ 4. Have all gaps and tears in the fence been eliminated? _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ Page 1 GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House INLET PROTECTION Compliant Non-Comp 1. Has the inlet protection been replaced when it deteriorates? _________ _________ 2. Curb inlet protection – does it filter runoff but allow for overflow into the inlet? _________ _________ 3. Yard inlet protection – does the barrier encircle the entire grate? _________ _________ 4. Is the protection properly entrenched or anchored so that water passes through it and under it? _________ _________ 5. Is sediment that accumulates around the inlet/curbline removed on a regular basis? _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ PERMANENT STABILIZATION Compliant Non-Comp 1. Are areas at final grade and stabilized? _________ _________ 2. Has the soil been properly prepared to accept permanent seeding? _________ _________ 3. Has seed and mulch been applied at appropriate rate? (see SESC plan for details) _________ _________ 4. If rainfall has been inadequate, are seeded areas being watered? _________ _________ 5. Are permanent controls (grassed, waterways, conduit outlet protection, channel, etc.) constructed in time with the sequence of construction? _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ NON-SEDIMENT POLLUTION CONTROL Compliant Non-Comp 1. Has an area been designated for washing out concrete trucks? Washings must be contained on site within a contained area until they harden. The washings should never be directed towards a water course, ditch or storm drain. _________ _________ 2. Is waste and packing disposed of in a dumpster? Do not burn or bury them on site. _________ _________ 3. Are fuel tanks and drums of toxic or hazardous material stored within a diked area or trailer and away from any water course, ditch or storm drain? _________ _________ 4. Are streets swept as often as necessary to keep them clean and free from sediment? NOTE: Sediment should be swept back onto the lot, not down the storm sewers. _________ _________ 5. Are stockpiles of soil or other material stored away from any water course, ditch or storm drain? _________ _________ 6. If an area of the site is being dewatered, is it being pumped and filtered and in a way not to cause erosion? _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ Page 2 GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House SEDIMENT BASINS (where present) Compliant Non-Comp 1. Have the embankments of the sediment pond and the areas that lie downstream of the pond been stabilized? _________ _________ 2. Is the connection between the riser pipe and the permanent outlet water tight? _________ _________ 3. Is it time to clean out the sediment pond to restore its original capacity? _________ _________ Note area where repairs or maintenance is needed or where this practice needs to be applied: _________________________________________________________________________________________________ _________________________________________________________________________________________________ Inspected by: __________________________________________ Inspection Date: ____________________________ Page 3 GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House RUTGERS UNIVERSITY FINAL STORMWATER COMPLAINCE INSPECTION CHECKLIST Storm Water Compliance Inspection – Final Inspection Yes No If yes, date(s) Has a final inspection of the construction activities been performed by the contractor or contractor’s representative and documented using the Construction Site Stormwater Compliance Checklist? Have all temporary erosion and sediment control devices been removed? Has final grading been completed? Has all structural and non-structural management systems been installed in accordance with the Soil Conservation District certified plans and the NJ Department of Environmental Protection regulatory requirements? Has the contractor achieved final stabilization of all areas of the site (for which he is responsible) where soil-disturbing activities have been performed? Please be sure the Final Stormwater Compliance Inspection Checklist along with each Construction Site Stormwater Compliance Checklist has been given to Seth Richter, Office of University Planning and Development. Additional Comments / Observations: _________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Name of Inspector: ______________________________________________________________ Signature of Inspector: ___________________________________________________________ Name of Contractor: _____________________________________________________________ Signature of Contractor: _________________________________________________________ Date of Final Inspection: __________________________________________________________ Page 4 GC AGREEMENT, Revision Date 1-23-2013 Project Name: Writers House RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY GENERAL CONDITIONS To The Owner-General Contractor Agreement TABLE OF CONTENTS Article 1: Definitions GC2 Article 2: Priority Of Documents GC7 Article 3: Purpose And Intent GC7 Article 4: Representations And Warranties GC9 Article 5: Contractor’s Organization GC10 Article 6: Reserved GC11 Article 7: Subcontracts GC11 Article 8: Protection And Safety GC13 Article 9: Construction Phase GC18 Article 10: Construction Phase - Project Closeout GC30 Article 11: Construction Phase - Submittals And Testing GC36 Article 12: Scheduling Of Work GC40 Article 13: Owner’s Obligations And Responsibilities GC44 Article 14: Changes To The Work GC45 Article 15: Reserved GC46 Article 16: Payment GC47 Article 17: Insurance, Indemnity, And Bonds GC53 Article 18: Warranty And Correction Of Work GC60 Article 19: Suspension And Termination GC61 Article 20: Statutory Requirements GC63 Article 21: Miscellaneous Provisions GC65 General Conditions GC 1 Project Name: Writers House ARTICLE 1 DEFINITIONS The following definitions are applicable to this Agreement: 1.1 “Agreement” means this written contract between the Owner and the Contractor including all Contract Documents memorializing each parties obligations and rights in connection with the Project. 1.2 “Addendum” means a written document issued by the A/E prior to bid opening that provides additional or revised information regarding the Project. 1.3 “Applicable Laws” means all laws, statutes, ordinances, codes, building codes, regulations, rules, orders, decisions, and resolutions of all administrative, federal, state, county, municipal, and other governing bodies relating to the Project or the performance of this Agreement. 1.4 “Approved,” “approval,” “acceptance,” “acceptable,” “satisfactory,” and words of similar meaning, whether capitalized or lowercase, when used without identifying who provided such approval or acceptance, shall mean approved or accepted by the A/E or the Owner. 1.5 “As-built Documents” is defined in Section 9.48. 1.6 “A/E” means any architectural, engineering, interior design, or other design consulting firm(s), and any successor firm(s) that the Owner engages to design the improvements, administer this Agreement with the Contractor, and perform other professional services in connection with the Project. 1.7 “Bulletin” means a written document issued by the A/E after the bid opening that provides additional, supplementary, or revised information regarding the Project. 1.8 “Change Order” means a written order to the Contractor, signed by the Contractor, the A/E, the Owner’s Representative, if any, and the Owner, in accordance with this Agreement authorizing and directing an addition to, deletion from, or adjustment to, the requirements of any of the Contract Documents, or an adjustment to the Contract Sum payable to the Contractor, or to the Contract Time or any combination thereof. 1.9 “Claims” is defined in Section 17.2. 1.10 “Concealed,” whether capitalized or lowercase, means hidden from sight from all locations that can be accessed by a person without the demolition or removal of the Work, existing improvements, or existing conditions. 1.11 “Contract Documents” means the documents that comprise this Agreement between the parties and includes each of the documents that are listed in Article 2 - Priority of Documents. General Conditions GC 2 Project Name: Writers House Documents that are not listed in Article 2 are not Contract Documents and do not constitute part of the Agreement between the parties. 1.12 “Contract Sum” means the total amount of the following: (i) the Contractor’s base bid that is identified in the Bid Form plus (ii) the amount of any alternates that are accepted in writing by the Owner, and plus (iii) all Change Orders. 1.13 “Contract Time” means the amount of time provided to the Contractor under this Agreement for the Contractor to reach Final Completion of the Work. 1.14 “Daily Reports” is defined in Section 9.38.1. 1.15 “Data Collection Sheet(s)” is defined in Section 10.6.15. 1.16 “Delay” means any delay, suspension, disruption, inefficiency, and any negative impact to the scheduling, conduct, and progress of the Work or the Project, regardless of whether on a critical path or a non-critical path. The term “Delay” includes but is not limited to Excusable Delays. 1.17 “Detailed Construction Schedule” is defined in Section 12.4. 1.18 “Equal,” “equivalent,” and “approved equal,” whether capitalized or lowercase, mean possessing equal or better properties with respect to type, value, function, dimension, performance, physical properties, appearance, measure, force, or effect, subject to the approval of the A/E and/or Owner. Failure to satisfy in any one respect may be sufficient cause for rejection of the proposed item. 1.19 “Excusable Delay” is defined in Section 12.11. 1.20 “Exposed,” whether capitalized or lowercase, means not “Concealed” as this term is defined herein. Without limitation of the foregoing, items in trenches, crawl spaces, and tunnels shall be considered “exposed” unless otherwise specifically noted. 1.21 “Final Completion” means the completion of all Work required by, and in strict compliance with, this Agreement, including but not limited to, punchlist items, start-up, training, testing, obtaining regulatory approvals, final certificate(s) of occupancy from all applicable authorities, all preparations necessary to operate and maintain the Project, receipt of all deliverables required by this Agreement, including but not limited, to warranties, releases, reports, As-built Documents, operations and maintenance documentation, and provision of required proofs of continued insurance coverage, completion all of which is memorialized in a letter signed by the A/E. 1.22 “Final Completion Date” means the date that the Contractor is required to achieve Final Completion. The Final Completion Date is identified in the Project Conditions at Section PC1.1. 1.23 “Final Payment” is defined in Section 16.8. General Conditions GC 3 Project Name: Writers House 1.24 “For Bid / For Contract” documents means the documents, including the signed plans, Project Manual and addenda, if any, that are issued to bidders for bidding the Project and to the successful bidder for contracting for the Project. 1.25 “Global Project Schedule” is defined in Section 12.3. 1.26 “Hazardous Materials” means any waste or other substance that is listed, defined, designated, or classified as, or otherwise determined to be, hazardous, radioactive, toxic, a pollutant, or a contaminant under or pursuant to any Applicable Laws, including any admixture or solution thereof, and specifically including petroleum and all derivatives and synthetic substitutes thereof, and polychlorinated biphenyl (PCB), and asbestos. 1.27 “Key Project Personnel” is defined in Section 5.2. 1.28 “Key Project Entities” is defined in Section 5.2. 1.29 “MBE” and “Minority Business Enterprise” mean a business which has its principal place of business in the State of New Jersey, is independently owned and operated, and at least 51% of which is owned and controlled by person(s) who are black, Hispanic, Portuguese, AsianAmerican, American Indian, or Alaskan natives. 1.30 “Monthly Submittals” of logs, schedules and pictures to the Owner is defined in Section 9.38.2. 1.31 “Notice to Proceed” means a written notice from the Owner directing the Contractor to commence construction of the Project or any portion thereof. 1.32 “OCIP Administrator” means the administrator retained by the Owner to implement and administer the Owner Controlled Insurance Program (OCIP). The Owner reserves the right to change the OCIP Administrator without notice or consent. 1.33 “Owner-A/E Agreement” means the written contract between the Owner and the A/E for the design of the improvements of the Project and for other services to be performed by the A/E during the Project. 1.34 “Owner Indemnitees” is defined in Section 17.2. 1.35 “Owner’s Other Contractors” means any contractor (other than the Contractor) who enters into a direct contract with the Owner to perform construction or installation work in the areas where the Contractor’s Work will be performed. The term “Owner’s Other Contractors” shall not be deemed to include Subcontractors. General Conditions GC 4 Project Name: Writers House 1.36 “Owner’s Representative” means the corporation, firm, or person, if any, that is engaged by the Owner for the Project to act on the Owner’s behalf for the Owner-A/E Agreement and for this Agreement with the Contractor. The Owner’s Representative is not an employee of the Owner. The Owner’s Representative does not have authority to waive or modify any condition or term of the Owner-A/E Agreement or this Agreement with the Contractor. 1.37 “Pay Request” is defined in Section 16.3. 1.38 “Pre-Construction Meeting(s)” is defined in Section 9.10. 1.39 “Prepaid Items” is defined in Section 16.12. 1.40 “Project” means the design and construction of the improvements that are the subject of this Agreement. Without limitation of the foregoing, the term “Project” includes the services of the A/E, the services of the Owner’s Representative, if any, and the Work of the Contractor. 1.41 “Proposed Change Order Log” is defined in Section 9.42. 1.42 “Provide” when used in reference to physical items for the Work, whether capitalized or lowercase, unless specifically indicated otherwise, means to perform all tasks necessary to cause such physical item to be installed and ready for regular operation, including, coordination, supply, installation, and connection and, if applicable, start-up, testing, and training. 1.43 “Record Drawings” means a complete set of updated full-sized drawings/prints which include the content of the As-built Documents. Note that the Record Drawings are prepared by the A/E. “As-built Documents” are prepared and maintained by the Contractor. 1.44 “RFI Log” is defined in Section 11.9. 1.45 “Schedule of Values” is defined in Section 9.20. 1.46 “Site Logistic Plan” is defined in Section 9.11. 1.47 “Site Specific Safety and Health Program Guidelines” – means the minimum standards to which the Contractor’s Comprehensive Site Specific Safety and Health Program will comply. Refer to Section 8.2. 1.48 “Subcontract Costs” means those sums properly paid or due and payable by the Contractor under the terms of the Subcontract(s). 1.49 “Subcontract(s)” means the contract(s) between the Contractor and the Subcontractor(s). 1.50 “Subcontractor” means any person or entity of any tier having a contract or purchase order to provide Work. Without limitation of the foregoing, the parties acknowledge that the term “Subcontractor” includes suppliers. General Conditions GC 5 Project Name: Writers House 1.51 “Submittal” means shop drawings, material samples, mock-ups, product data, catalog cuts, certificates, and other similar information required for approval by the Owner and/or A/E. 1.52 “Submittal Log” is defined in Section 11.8.1. 1.53 “Substantial Completion” means that stage of completion of the Work such that the Work may be occupied or utilized by the Owner for the purpose for which it is intended as indicated in the Contract Documents. Without limitation of the foregoing, Substantial Completion requires (i) issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy or like certification, (ii) completion of the terms of the soil erosion and sediment control plan to the satisfaction of the applicable Soil Conservation District, and (iii) all project systems being fully operational, including but not limited to HVAC systems with test and balance reports having been submitted to and approved by the A/E and Owner. 1.54 “Substantial Completion Date” means the date that the Contractor is required to achieve Substantial Completion. The Substantial Completion Date is identified in the Project Conditions at Section PC1.1. 1.55 “WBE” and “Woman Business Enterprise” mean a business which has its principal place of business in the State of New Jersey, is independently owned and operated, and at least 51% of which is owned and controlled by women. 1.56 “Work” means any and all labor, supervision, work, materials, machinery, equipment, connections, supports, tools, utilities, inspections, testing, permits, fixtures, items, vehicles, insurance, bonds, licenses, costs, royalty fees, warranties, documents and things required by the Contract Documents or required to be performed or supplied to render the Project, and every component thereof, fully operational and usable for its intended purposes in accordance with the requirements of the Contract Documents. 1.57 Where any item in the specifications is referred to as singular in number, such references shall be deemed to mean as many items as are required to complete the Work. Capitalized terms used but not defined in this Agreement shall have the meaning(s) as 1.58 defined in the other Contract Documents/exhibits. ARTICLE 2 PRIORITY OF DOCUMENTS 2.1 In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, interpretation will be based on the following descending order of priority: General Conditions GC 6 Project Name: Writers House (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Written amendments to this Agreement, if any; The Bid Form (after the Owner signs such document); Exhibit I – OCIP Insurance Requirements, if any These General Conditions; Change Orders, if any; Notice(s) to Proceed; Bulletins, if any; Addenda, if any Project Conditions; The A/E’s responses to requests for information, if any; Specifications and drawings; Approved Submittals; All Exhibits to this Agreement as set forth in the table of contents to the Project Manual (other than the Addenda and Exhibit I, if any, which are at higher priorities as identified above); (14) Instructions to Bidders; and (15) OCIP Insurance Manual for Contractors, if any. In the event of a conflict between the details in the drawings and the portions of the drawings that are not details, the details shall take priority. In the event of a conflict within or between the specifications and the drawings, the greater quantity and the better quality of work shall govern in accordance with the A/E’s interpretation. ARTICLE 3 PURPOSE AND INTENT 3.1 The purpose of this Agreement is to secure the services of a contractor to (i) schedule the Project to achieve completion by the date required herein; (ii) organize and direct the complete construction of the Project and all Work necessary in connection therewith; and (iii) to assume all risks and responsibilities as set forth in this Agreement. 3.2 The Contractor accepts the relationship of trust and confidence among it, the A/E, the Owner’s Representative, if any, and the Owner, and covenants with the Owner to furnish its best skill and judgment and to cooperate with the Owner, A/E, and the Owner’s Representative, if any, in furthering the interests of the Owner. The Contractor agrees that it shall perform all of the Work described in this Agreement in accordance with high standards of skill and care of its profession. The Contractor acknowledges and agrees that the Owner shall be entitled to rely upon the Contractor so performing such Work and upon the Contractor’s experience in the construction industry in general and as a contractor in particular. The Contractor agrees to (i) furnish efficient business administration and superintendence; (ii) provide adequate home office and on site office facilities for the Project for the Contractor’s use, (iii) provide adequate staffing for the Project, in terms of both home office and field office personnel; (iii) construct the Project in strict accordance with the Contract Documents; and (iv) ensure that the Work is performed in the best way (consistent with the General Conditions GC 7 Project Name: Writers House Contract Documents, subject to the Contractor’s responsibilities with respect thereto) and in the safest, most expeditious and economical manner, all consistent with the interests of the Owner. 3.3 In no event shall any specific tasks or responsibilities identified in this Agreement be construed to limit the scope of the Contractor’s obligations under this Agreement. 3.4 Authorized Representatives. 3.4.1 The Owner hereby designates the Director Facilities Project Services, or the Director Facilities Contract Services, or the Director Facilities Projects at Newark (Owner to circle the appropriate selection) as its authorized representative during the term of this Agreement. The Contractor may rely upon written instructions received from this designated person as having been fully authorized by the Owner. The Owner may change this designated person at any time and from time to time during the term of this Agreement by written notice to the Contractor. 3.4.2 The Owner may designate an entity to act as an owner’s representative for the Project. If the Owner designates such an entity, which shall be referred to as the “Owner’s Representative,” the Contractor may rely upon written instructions received from the Owner’s Representative as having been fully authorized by the Owner; however, the Contractor acknowledges that the Owner’s Representative does not have authority to waive or modify any condition or term of this Agreement or the Owner-A/E Agreement. The Owner may change the Owner’s Representative at any time and from time to time during the term of this Agreement and written notice shall be provided to the Contractor. The Contractor acknowledges and agrees that (i) the role of the Owner’s Representative is to function solely on behalf of and for the benefit of the Owner, and (ii) the Contractor waives all claims, whether in contract, tort, or otherwise, it may have against the Owner’s Representative. 3.4.3 The Contractor shall designate a person as its authorized representative during the term of this Agreement. The Owner may rely upon written instructions received from the authorized representative of the Contractor as having been fully authorized by the Contractor. ARTICLE 4 REPRESENTATIONS AND WARRANTIES 4.1 Without limitation of the representations and warranties provided by Applicable Laws or industry practice, the Contractor makes the following representations and warranties to the Owner: 4.1.1 The Contractor is professionally qualified to act as the contractor for the Project and has, and shall maintain, licenses, permits, and other authorizations necessary to act as the Contractor for the Project and to perform the Work required hereunder; General Conditions GC 8 Project Name: Writers House 4.1.2 The Contractor has the capability and experience, including sufficient working capital and qualified and competent management and supervisory personnel and labor, to efficiently and timely perform the Work, and the Contractor shall continuously furnish sufficient, qualified, and competent personnel and labor to perform the Work in a timely and proper manner; 4.1.3 The Contractor warrants complete understanding and thorough familiarity with (i) the local conditions under which the Project is to be constructed; (ii) all labor and material market conditions; (iii) the location and availability of utilities and transportation; (iv) the Contract Documents; (v) the Project site; and has performed a close visual inspection thereof; and (vi) any other conditions that will in any manner affect the Work; 4.1.4 The Contractor shall comply, and shall cause all Subcontractors to comply, with all Applicable Laws in connection with the Work; 4.1.5 The Contractor warrants to the Owner that all labor furnished to perform the Work under this Agreement will be competent to perform the tasks undertaken, that the product of such labor will yield only good and workmanlike results, that Work will be of good quality, free from defects and deficiencies, and in strict conformance with the Contract Documents; 4.1.6 The Contractor further agrees that in the performance of this Agreement it will abide fully with the provisions of the current and applicable statutes and/or executive orders of the State of New Jersey pertaining to Affirmative Action and Equal Employment Opportunities, which are attached as an exhibit to this Agreement; and 4.1.7 All obligations related to, or arising from, all representations and warranties made in the Contract Documents shall be obligations of, and shall be deemed incorporated in, the payment and performance bond furnished by the Contractor. 4.2 The representations and warranties enumerated in this Article operate in addition to, and shall in no way supersede, limit, or restrict any other duty, responsibility, representation, or warranty, express or implied, created, or required by the Contract Documents or by Applicable Laws. The representations and warranties of this Article shall survive termination of this Agreement. General Conditions GC 9 Project Name: Writers House ARTICLE 5 CONTRACTOR’S ORGANIZATION 5.1 The Contractor shall perform all Work under this Agreement in a good, skillful, prompt and efficient manner. The Contractor shall establish organization and lines of authority required to carry out the requirements of this Agreement in order to organize and direct the complete construction of the Project. The Contractor shall assign only qualified personnel and engage only qualified entities to perform any Work concerning the Project. 5.2 A list of key project personnel (the “Key Project Personnel”), key project entities (the “Key Project Entities”), and a staffing plan, (collectively, the “List Of Key Personnel And Key Project Entities And Staffing Plan”) provided by the Contractor, and approved by the Owner, will be attached as an exhibit to this Agreement and shall be the Key Project Personnel and Key Project Entities to be used on the Project. No substitution or replacement of Key Project Personnel or Key Project Entities may be made by the Contractor without the prior written consent of the Owner, which shall not be unreasonably withheld. Before any such substitution or replacement, the Contractor shall submit to the Owner detailed justification supported by the qualifications of any proposed replacement. If such substitution or replacement is requested by the Contractor and approved by the Owner, any expenses incurred as a result of such substitution or replacement shall be borne by the Contractor. 5.3 The Contractor’s employees performing the Work, including but not limited to those of the Contractor’s Subcontractors of any tier, shall not fraternize with the Owner’s faculty, staff or students. In addition, such persons shall not access portions of the Owner’s property when such access is not reasonably required for the performance of the Work. Such persons shall comply with the Owner’s rules and standards regarding discrimination and harassment, which shall be made available by the Owner upon request. In the event that the Owner, in its sole discretion, determines that any of the requirements in this paragraph were violated, the Contractor shall promptly cause the responsible employee to leave the Project site and perform no additional onsite Work and shall promptly provide a suitable replacement for such employee. 5.4 The Contractor shall perform all of the Work required hereunder by its own staff and the staff of the Key Project Entities, unless otherwise authorized by the Owner. However the Contractor may subcontract the Work as identified herein. Such approval shall not be construed as constituting an agreement between the Owner and any such person or firm. 5.5 No Employment Relationship. The Contractor acknowledges that this Agreement and the performance of the Work shall not be construed to create an employment relationship between the Owner and any of the Contractor’s officers, agents, or employees. The Contractor acknowledges and agrees that its employees and agents are not employees or agents of the Owner and are not entitled to any of the Owner’s employee benefits. The Contractor also acknowledges and agrees that the Owner shall not pay any contributions to Social Security, unemployment insurance, federal or state withholding taxes, or provide any other contributions or benefits which might be expected in an employer-employee relationship and the Contractor waives any right to such participation and coverage. By entering into this Agreement, the General Conditions GC 10 Project Name: Writers House Contractor agrees that it shall make such contributions, pay all applicable taxes and bear sole responsibility for payment of compensation to its employees and agents and hereby indemnifies and holds harmless the Owner for any costs, fees, damages, or penalties assessed against the Owner by virtue of the Contractor’s failure to make such contributions or payments. 5.6 The presence of professional personnel on the Owner’s staff and those of the Owner’s agents, contractors, and representatives, including the Owner’s testing laboratories and the Owner’s Representative, if any, shall not relieve the Contractor of any of its responsibilities under this Agreement, nor shall it be construed as a substitute for any part of the Contractor’s Work called for in this Agreement. 5.7 The Contractor shall be responsible for effecting continual coordination with the Owner and shall fully apprise the Owner at all times of the status, progress, and direction of all material aspects of the Project. This shall include such formal and informal submissions and presentations as the Owner may require. ARTICLE 6 RESERVED ARTICLE 7 SUBCONTRACTS 7.1 The Contractor shall not subcontract any part of the Work with any Subcontractor or consultant (including affiliates and subsidiaries of the Contractor) who is not properly licensed and/or registered with the State of New Jersey, or who is debarred by the New Jersey State Department of Labor for violation of the Prevailing Wage Law, N.J.S.A. 34:11-56.25 et seq., or against whom the Owner has a reasonable objection. If requested by the Owner, the Contractor shall provide the Owner with such written information as the Owner deems necessary in order to determine whether to object to the Contractor entering into a Subcontract with any Subcontractor or consultant, including proof of license/registration as required. 7.2 All Subcontracts shall afford the Contractor rights against its Subcontractors that correspond to the rights afforded to the Owner against the Contractor herein, including those rights of contract suspension and termination and documentation of Subcontractor charges as set forth herein. The Contractor shall require that its Subcontractors abide by all provisions of the General Conditions related to non-discrimination and affirmative action. 7.3 Neither the Owner nor the A/E assumes any responsibility for defining the limits on any Subcontracts on account of the organization of or nomenclature used in the specifications or drawings. The Contractor shall ensure that the Subcontracts are coordinated so that all of the Work is properly and clearly allocated among, and assigned to, the Contractor and General Conditions GC 11 Project Name: Writers House Subcontractors without omission, conflict, or duplication. The Contractor shall carefully review all Subcontracts to ensure that: (1) All subcontracted parts of the Work are assigned to the appropriate Subcontractor; (2) Provisions are made for temporary facilities and utilities necessary for the performance of the Work; (3) Provisions are made for the Owner and the A/E to access the Work; (4) Responsibility for Project safety is properly assigned; and (5) They are in compliance with Applicable Laws. 7.4 The Contractor’s subcontracting of the Work, and the Owner’s consent and approval of the Contractor’s subcontracting with any Subcontractor, shall not relieve the Contractor from any liability or obligation under the Contract Documents or under any Applicable Laws. The Contractor shall be responsible for the acts and omissions of its Subcontractors, and shall be and remain liable and obligated to the Owner for all Work subcontracted. It is agreed that no relationship of agency, employment, contract, obligation, or otherwise shall be created between the Owner and any Subcontractor or consultant of the Contractor. In no event shall the Owner be liable to any of the Contractor’s Subcontractors for Work performed by such Subcontractor on behalf of the Contractor or for the Project. The A/E and the Owner will not be asked to resolve disputes between the Contractor and any Subcontractor or disputes between Subcontractors. The Contractor shall endeavor to, and shall, resolve all disputes between the Contractor and any Subcontractors, and/or disputes between Subcontractors, at it own cost and expense. 7.5 If requested by the Owner, the Contractor shall supply to the Owner a list of key project personnel for any Subcontractor. Before any substitution or replacement of Subcontractors by the Contractor, the Contractor shall submit to the Owner detailed justification for such replacement. If any such substitution or replacement of Subcontractors by the Contractor occurs, any expenses incurred as a result of such substitution or replacement shall be borne by the Contractor. General Conditions GC 12 Project Name: Writers House ARTICLE 8 PROTECTION AND SAFETY 8.1 Protections Of Persons And Property. The Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with the performance of the Work. The Contractor shall at all times take, or require to be taken, all necessary steps required to safeguard from injury and loss (i) persons and property involved in the Project and/or the Work and (ii) persons and property that may be affected by the Project and/or the Work, including, without limitation, the Owner’s employees, agents, vendors, guests, visitors, invitees, licensees, students, or faculty and the general public who may visit the Project site or be affected by the Project and/or the Work. The Contractor shall appoint an individual at the Project site who shall act as the Contractor’s safety representative with a duty to ensure compliance with the approved Contractor’s Comprehensive Site Specific Safety and Health Program, all Applicable Laws and to prevent injury and loss. The safety representative shall be an on-site, full time member of the Contractor’s supervisory staff whose sole duty will be to implement the Contractor’s SiteSpecific Safety and Health Program. Such Contractor’s safety representative shall have training and experience commensurate with the scope and hazard level of the Project. The name and qualifications for the proposed Contractor’s representative for safety shall be submitted to the Owner prior to on-site mobilization activities. The Contractor shall also provide a full time onsite non-working job superintendent that is at minimum 30-hour OSHA certified. The Contractor shall further cause each of its Subcontractors to designate a responsible supervisory representative to assist the Contractor’s representative in the performance of its duties as described above and have, at minimum, OSHA 10-hour training. 8.2 Without limitation of the Contractor’s obligations to prevent injury or loss: 8.2.1 Comprehensive Site Specific Safety And Health Program. The Contractor shall prepare and implement a comprehensive site specific safety and health program (the “Contractor’s Site Specific Safety and Health Program”) which complies with (i) the Owner’s Site Specific Safety And Health Program Guidelines for this Project, (Exhibit W), (ii) Applicable Laws, including but not limited to the requirements of the Occupational Safety and Health Act of 1970, (iii) the rules, regulations, and requirements of insurance carriers having an interest in the Work or the Project, and (iv) the needs of the Project. In the event of conflicting requirements, the more stringent shall govern. At minimum, the Site Specific Safety and Health Program shall also include, with details commensurate with the Work to be performed and/or the actions to be taken, but not be limited to, elements addressing the following topics: (1) Duties and Responsibilities - Shall include, but not be limited to, a description of supervisory safety responsibilities for all jobsite activities. (2) Daily Site Safety Inspections - Shall include, but not be limited to, a description of documented daily jobsite inspections and hazard mitigation. General Conditions GC 13 Project Name: Writers House (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) General Conditions Personal Protective Equipment (PPE) - Shall include, but not be limited to, a description of the Contractor’s personal protective equipment program. Substance Abuse Policy - Shall include, but not be limited to, a description of the policy in place for the establishment and maintenance of a safe and efficient work environment for all personnel, free from the effects of alcohol, illegal drugs, and other controlled substances. Weapons and Controlled Items - Shall include, but not be limited to, a description of the policy that prohibits the use, possession, concealment, transportation, promotion, or sale of weapons, ammunition, unauthorized explosives, stolen property, or contraband at the jobsite. Community Public Protection - Shall include, but not be limited to, a description of hazards to be anticipated by the Owner’s employees, agents, vendors, guests, visitors, invitees, licensees, students, faculty or trespassers and the general public and a description of actions planned to control such hazards. Dust/Debris Control Plan - Shall include, but not be limited to, a description of hazards/concerns to be expected through creation of dust, soils tracking, and other debris associated with construction operations and a description of controls to mitigate such hazards. Site Security, Signage, and Barricades - Shall include, but not be limited to, a description of provisions planned to notify persons, prevent injury and ensure a secure worksite during the entire course of construction. Fall Protection - Shall include, but not be limited to, the means by which workers will be protected from falls, and shall require, at a minimum, that all accessible project areas shall be protected from falls at heights of 6 feet or greater. All workers exposed to heights of 6 feet or more will be protected from falls at all times including during steel erection, scaffolding erection / dismantling, and scaffolding use. Fall protection for portable ladder use is required for workers exposed to building perimeter and shaft areas. Scaffolding Installation and Inspection - Shall include, but not be limited to, a description of the policy that includes provisions to ensure that all scaffolding is designed, installed, and inspected in accordance with regulatory and manufacturers’ requirements. Hazardous Materials and Explosives - Shall include, but not be limited to, a description regarding the proper use, storage, removal, or disposal of Hazardous Materials and explosives. First Aid and Medical Services - Shall include, but not be limited to, procedures for providing first aid treatment, medical services, and transportation of workers who incur occupational injuries or illnesses at the Project worksite. GC 14 Project Name: Writers House (13) Incident Investigation, Reporting, and Record Keeping - Shall include, but not be limited to, procedures for notification, investigation, report, and documentation of all adverse safety and health incidents resulting from activities that occur on the worksite. (14) Disciplinary Sanctions - Shall include, but not be limited to, a description of the policy that includes procedures for enforcement of safety rules, including, at least a progressive means of discipline, up to and including termination of employment on the Project, for enforcing the Contractor’s safety and health rules of the Project. (15) Safety and Health Training - Shall include, but not be limited to, descriptions of the programs for the education and training of visitors and Contractor’s employees, labor and Subcontractors in the recognition, avoidance, and prevention of unsafe acts and conditions. At minimum, such description shall address the following: (a) Contract safety orientation; (b) Weekly toolbox safety meetings; (c) Contractor safety meetings; and (d) Pre-Construction safety review with first tier Subcontractors. (16) Emergency Procedures - Shall include, but not be limited to, a description of the emergency procedures for the protection of all persons on Project site or affected thereby (including, but not limited to, visitors, students, faculty, the general public, Contractor’s employees, labor and Subcontractors, and the Owner’s Other Contractors’ employees and labor), equipment, structures, and materials on the Project. At minimum, such description of emergency procedures shall address the following: (a) Fire; (b) General evacuation of the worksite; (c) Confined space rescue; (d) Personal injury; (e) Workplace violence; (f) Explosion; (g) Bomb threats; (h) Release of hazardous substances; (i) Severe weather; (j) Public demonstrations; and (k) Interruption of public utilities. Provision of the Site Specific Safety and Health Program, however, will not relieve the Contractor of its responsibility for safety of persons and property and for compliance with all Applicable Laws. During construction, the Contractor shall monitor compliance with the Site Specific Safety and Health Program and shall take immediate corrective action in the event of noncompliance. General Conditions GC 15 Project Name: Writers House 8.2.2 Strict Discipline And Good Order. The Contractor shall, at all times, enforce strict discipline and good order among the persons on the Project site and shall not employ on the Work or permit any unfit person or anyone not skilled in the Work assigned. The Contractor shall take precautions to ensure that those performing the Work or are present on the Project site are not under the influence of alcohol, narcotics, or any other substances that could affect performance or jeopardize the safety of themselves or others. The Contractor shall ensure strict compliance with the Site Specific Safety and Health Program by all persons present on the Project site. 8.2.3 Drug And Alcohol Testing. The Contractor and its Subcontractors shall implement a drug and alcohol testing program in which their respective employees will be required to submit to pre-employment, periodic and for cause drug and alcohol testing. Such testing shall occur as permitted by Applicable Law and as often as the Contractor deems is necessary for the Contractor to meet its obligations under this Agreement to safeguard from injury and loss. The Contractor shall provide signs that are at least 12” x 24” in size at all pedestrian points of entry into the construction site which states, “ALL WORKERS ENTERING THIS SITE ACKNOWLEDGE THAT THIS IS A DRUG AND ALCOHOL FREE ENVIRONMENT AND MAY BE SUBJECT TO DRUG AND ALCOHOL TESTING.” 8.2.4 Safety Orientation. The Contractor will provide and document safety orientation training to all workers prior to their participation on the Project. This training shall include but not necessarily be limited to reviewing the general safety rules, emergency procedures, discipline policies and the Contractor’s Site Specific Safety and Health Program applicable to the workers’ expected activities. The Contractor shall post a sign near all entrances to the Project site(s) that states the following: “Nothing on this Project is more important than SAFETY. If it’s not safe, please don’t do it.” Such sign shall be not less than three feet by three feet in size and in colors approved by the Owner. 8.2.5 Safeguards. The Contractor shall use properly designed, installed, and maintained shoring, boarding, barricades, signage, and other safeguards as necessary to prevent injury and loss. Where the Work affects pedestrians and drivers, safeguards for vehicular and pedestrian traffic shall be used. All temporary safeguards shall be removed by the Contractor upon completion of the Work. 8.2.6 Fire Protection. The Contractor shall comply with all fire protection codes, standards, requirements, instructions, and recommendations of the National Fire Protection Association for all Work. General Conditions GC 16 Project Name: Writers House The Contractor shall also comply with requirement to obtain a Hot Work Permit from the Owner’s Department of Emergencies Services for Work that involves open flames or sparks in (i) existing buildings or (ii) Work where there is/will be an attachment to an existing building. The Contractor shall maintain adequate quantities of both hose and operable fire extinguishers at the Project site. 8.2.7 Protection Of Existing Structural Elements. The Contractor shall not endanger any Work or pre-existing improvements by cutting, welding, excavating, or otherwise altering structural elements or the sub-grade without taking sufficient precautions to protect such Work or pre-existing improvements as is necessary. 8.2.8 Maintenance Of Access Routes. The Contractor shall maintain safe and unobstructed pedestrian walks and traffic lanes on all access routes for the Project. Such Work shall include controlling and directing construction and campus traffic as necessary and constructing and maintaining safe pedestrian walks and traffic lanes. The Contractor shall remove snow and ice from pedestrian walks and traffic lanes that are within the Project site as required for the proper execution of the Work and to provide safe access, and as required by Applicable Laws. 8.2.9 Security And Storage. The Contractor shall take all reasonable security measures necessary to protect the Project, the Work, the Owner’s property, tools, machinery, vehicles, equipment, supplies, and materials for the Project, including any Owner-supplied items, from injury or loss, including but not limited to, injury and loss due to the elements, vandalism, theft, water, dampness, dirt, dust, and other risks of property loss. 8.2.10 Hazardous Materials. Immediately upon discovery of Hazardous Materials encountered during the course of construction at the Project site, the Contractor shall notify the Owner and also notify the following: Director, Rutgers Environmental Health and Safety Department, 27 Road 1, Room 120 Piscataway, New Jersey, tel: 732 445-2550; fax: 732 445-3109. Owner shall not grant an extension of time for Delay or reimburse any direct or indirect costs resulting from the releasing, spilling, leaking, emitting, discharging, depositing, escaping, leaching, dumping, or other release of nonpre-existing Hazardous Materials through the act or omission, whether intentional or unintentional, of the Contractor, including any Subcontractor. In locations where the Owner has previously performed abatement of pre-existing Hazardous Materials, the Contractor, including any Subcontractors, shall use reasonable care to protect such abated areas and prevent or avoid a release, spill, leak, emission, discharge, deposit, escape, leaching, dumping, or other release of such abated Hazardous Materials. General Conditions GC 17 Project Name: Writers House ARTICLE 9 CONSTRUCTION PHASE General Requirements 9.1 The construction phase will commence with the Owner’s provision of a Notice to Proceed with the construction of the Project or a portion thereof and will terminate upon the Owner’s final acceptance of the Project. 9.2 The Contractor acknowledges that it has full and sole responsibility for the execution of the Work. The Contractor acknowledges that the scope of the Work includes Work that is not expressly indicated on the Contract Documents but which is inferable from the Contract Documents and that such Work shall be performed without an increase to the Contract Sum or an extension of the time for completion of the Work. 9.3 The Contractor agrees that it will not start construction of Work prior to receipt of a Notice to Proceed for such Work, and will abide with any reasonable stipulation(s), if any, contained in the Notice to Proceed. 9.4 The Contractor shall perform the Work in accordance with the Detailed Construction Schedule and shall take such action as is necessary to maintain such schedule. 9.5 Quality Of Work. All Work shall be (i) of good quality; (ii) free from defects and deficiencies; (iii) in strict conformance with the Contract Documents; and (iv), unless otherwise specified, contain only new items. 9.6 Construction Supervision. The Contractor shall maintain a continuous presence on the Project site at all times during construction through the provision of sufficient qualified supervisory and other personnel to perform the Work. The Contractor shall ensure that Contractor’s Subcontractors maintain sufficient presence on the Project site including qualified supervisory and other personnel to perform their part of the Work. The Contractor shall continually supervise its own forces and those of the Subcontractors in a first-class manner. The Contractor shall perform full and continuous inspections of the Work to ensure that the Work performed is of good quality, free from defects and deficiencies, in strict accordance with the Contract Documents, and, unless otherwise specified, contains only new items. General Conditions GC 18 Project Name: Writers House Pre-Mobilization Activities 9.7 Proofs Of Insurance. Prior to signing this Agreement the selected Contractor shall meet with the Owner’s OCIP Administrator and provide copies of certificates of insurance and related documents required by this Agreement and by the OCIP Administrator. In the event the Owner chooses to implement an OCIP for this Project, the selected Contractor shall fully cooperate with the OCIP Administrator in the implementation of the OCIP. In the event the Owner chooses not to implement an OCIP for this Project the selected Contractor shall forward to the Owner copies of those certificates of insurance for the insurance policies required from the Contractor under this Agreement. The Contractor shall also obtain certificates of insurance from each Subcontractor prior to such Subcontractor’s commencement of its respective portion of the Work and, if requested by the Owner, shall forward a copy thereof to the Owner. 9.8 Copies Furnished. The Owner will furnish one (1) set of specifications and drawings and any addenda thereto to the Contractor (the For Bid / For Contract set) that are signed and sealed by the A/E and were initialed by the Owner and the Contractor at the Agreement signing meeting. At the Pre-Construction Meeting, or within two weeks thereof, the Owner will also furnish to the Contractor, for information only, one (1) set of specifications and drawings marked ‘Conforming Set’ as prepared by the A/E. During the course of construction, the Owner will furnish one (1) copy of any additional details or supplementary instructions issued. Additional copies of any documents shall be paid for by the Contractor. The Owner shall also provide the Contractor a copy of a Tax Exempt Purchase Certificate, Form ST-13. 9.9 Examination And Checking Of Drawings And Specifications. Prior to mobilizing on the Project site and throughout construction, the Contractor shall examine and check all quantities and dimensions given on drawings and shall advise the Owner and A/E of any discrepancies which can be discovered by such examination and check. The Contractor shall promptly advise the Owner and A/E of any discrepancies between (i) the drawings and details, and (ii) between drawings and specifications. The Contractor shall also promptly advise the Owner and A/E if any Work is indicated on the drawings or is specified in such a manner as to make it impossible to produce the same in conformance with other requirements of this Agreement. 9.9.1 Notwithstanding that each and every item necessary may not be shown on the drawings or mentioned in the specifications, the drawings and specifications are intended to provide for and comprise everything necessary for the proper and complete finishing of the Work in every part. 9.9.2 Wherever the Contract Documents identify quantities of Work to be done or materials to be furnished, they are given for use in comparing bids and the Owner retains the right to increase or decrease the quantities in such estimates to comply with actual quantities and to increase or decrease the Contract Sum accordingly. General Conditions GC 19 Project Name: Writers House 9.10 Pre-Construction Meeting(s). The Owner shall schedule and conduct the initial PreConstruction Meeting. The Contractor shall schedule and conduct any subsequent on-site PreConstruction Meetings (the “Pre-Construction Meeting(s)”) with the Subcontractors, the Owner, A/E, the Owner’s Representative, if any, the OCIP Administrator, if any, and the Owner’s Other Contractors, if any, to discuss such matters of procedures, progress, problems, scheduling, and Equal Employment Opportunity provisions. The Contractor’s project superintendent and project executive shall attend the Pre-Construction Meeting(s). 9.10.1 At the initial Pre-Construction Meeting(s), the Contractor shall provide for the Owner’s approval: (1) A project directory; (2) A list of the proposed Key Project Personnel and Key Project Entities, including Subcontractors as known to date (re: IB8.6), to be used on the Project. 9.10.2 At the initial Pre-Construction Meeting and as necessary at any subsequent Pre-Construction Meetings, the parties shall discuss: (1) The Contractor’s safety plan; (2) Weekly construction meetings and the date and time therefor; (3) The Owner’s requirements for daily hot work permits; (4) The procedure for daily disabling of fire detection, fire suppression, and fire alarm systems; (5) The ten day notice procedure for disruption of utilities; (6) Soil erosion and sediment control permits and process and the procedure for preparing the weekly Stormwater Compliance Inspection Reports (the Owner shall provide a copy of the forms for the Stormwater Compliance Inspection Report and Final Stormwater Compliance Inspection Checklist); (7) The procedure for notifying Rutgers Environmental Health and Safety Department for Hazardous Materials removal; (8) The procedures and addresses for correspondence between the project participants; (9) The requirements for the Site Logistics Plan; (10) The requirements for the Global Project Schedule and Detailed Construction Schedule and updates thereto, including dates of Substantial and Final Completion; (11) Uniform Commercial Code local inspections, permit forms, and process; (12) Uniform Commercial Code inspections by the New Jersey Department of Community Affairs; (13) The Owner’s field observation reports and inspections; (14) Testing requirements, balancing reports, and roof moisture testing; (15) The RFI Log and response turn around time; (16) The number of required Submittals; (17) The Submittal Log and response turn around time; (18) The Schedule of Values; General Conditions GC 20 Project Name: Writers House (19) Payment procedures, including timing of submission of preliminary Pay Request, partial and final lien waivers; (20) AA201 Initial Monthly Project Workforce Reports and AA202 Monthly Project Workforce Reports; (21) Certified weekly time sheets; (22) Proposed Change Order Log, Change Order process, and markups on Change Order Work; (23) Training requirements; (24) Operations & Maintenance Manuals and Final Closeout Documents (25) Close out checklist; and (26) Procedures for release of retainage and issuance of final payment. (27) Monthly Submittals to the Owner 9.11 Site Logistics Plan. Prior to mobilizing on the Project site, the Contractor shall submit a plan (the “Site Logistic Plan”) for the Owner’s and A/E’s approval. The Site Logistic Plan will identify the proposed locations of the following: (1) The Contractor’s site office trailer and other trailers, if any; (2) The Owner’s and / or the Owner’s Representative’s trailer, if any; (3) Subcontractors’ trailer(s), if any; (4) Temporary utilities; (5) Contractor’s and Subcontractors’ parking; (6) Routing of truck and deliveries; (7) Dumpsters; (8) Staging areas; (9) Fencing; (10) Student/faculty/pedestrian access to the Project site, if any, and their safe access to any adjacent facilities affected by the Project, if any; and (11) Student/faculty/visitor parking, if any. Upon incorporation of the Owner’s and A/E’s comments, if any, and receipt of their approval, the Contractor shall provide one copy of the Site Logistic Plan to the A/E and two copies to the Owner. 9.12 Contractor’s Testing. If the specifications require the Contractor to obtain the services of independent testing laboratories or engineers to perform testing, then prior to mobilizing on the Project site, the Contractor shall submit for the Owner’s and A/E’s approval the names of recommended testing laboratories for the Project in accordance with the requirements of Article 11, Construction Phase – Submittals And Testing. 9.13 Video Recording. Prior to mobilizing on the Project site, the Contractor shall obtain a video recording of the conditions of the Project site and any surrounding property that may be affected by the Project. Electronic media containing such video recording shall be promptly provided to the Owner. General Conditions GC 21 Project Name: Writers House Mobilization Activities 9.14 Equal Employment Opportunity Policy Notice. Upon the Contractor’s mobilization on the Project site, the Contractor shall obtain and post Equal Employment Opportunity Policy Notices setting forth the non-discrimination provision under N.J.S.A. 10:5-31 et seq., and N.J.A.C. 17:27. Such notices shall be posted in conspicuous places that are available to employees and applicants for employment. 9.15 Project Sign. Upon the Contractor’s mobilization on the Project site, the Contractor shall erect and maintain a project sign as shown on the drawings or in the specifications and located as directed by the Owner. Such sign shall be created by a professional sign painter. No other signs identifying the Project or the entities performing the Work will be permitted at the site absent the Owner’s prior written approval. 9.16 Testing Meeting. Promptly after mobilizing on the Project site, the Contractor shall schedule and conduct an on-site Pre-Construction Meeting with the Subcontractors, the Owner, A/E, and applicable testing laboratories and technical engineers to discuss testing requirements. 9.17 Field Office Mailing Address. Promptly after mobilizing on the Project site, the Contractor shall obtain a mailing address for the field office from the U.S. Post Office that will provide daily Post Office mail delivery. The Contractor shall notify the Owner and A/E in writing of such address upon procurement thereof. 9.18 Layout, Dimensional Control, And Verification. Prior to beginning the Work, and throughout the duration of the Project, the Contractor shall field verify all dimensions and measurements. Discrepancies between field conditions and drawings shall promptly be brought to the attention of the A/E. The Contractor shall locate and layout the Project improvements in strict accordance with the drawings. The Contractor shall utilize a land surveyor that is licensed in the State of New Jersey, who shall be subject to the Owner’s approval, to perform layout Work. The Contractor shall verify all Owner furnished topographical and utility survey data and all points, lines, elevations, grades, and benchmarks. If any discrepancy between information given on drawings and actual site conditions is found, the Contractor shall notify the Owner of such discrepancy and shall not proceed with any affected Work until after receipt of written instructions from the Owner or A/E. As the Work progresses, the Contractor shall furnish to the Owner signed, sealed letters from the licensed land surveyor certifying that the plumb lines, levels, locations, and elevations of the excavations, footing base plates, columns, walls, floors, and roofs are as required by the drawings. Within Twenty Days After Commencement Of The Work 9.19 Submittal Log. Within twenty (20) days after commencing the Work, the Contractor shall prepare and submit to the Owner and A/E a Submittal Log in accordance with the requirements of Article 11. 9.20 Within twenty (20) days after commencement of the Work, the Contractor shall prepare and present to the Owner and A/E a proposed schedule of values allocating the actual cost of the General Conditions GC 22 Project Name: Writers House Work among the different elements of the Work (the “Schedule of Values”). The Schedule of Values shall conform to the requirements identified in Article 16, Payment. Throughout The Construction Phase 9.21 Workspace Allocation. The Contractor shall confine operations at the site to areas permitted by the Owner, Applicable Laws, ordinances, permits, and the Contract Documents, and shall not unreasonably encumber the Project site with materials or equipment. 9.22 Owner’s And A/E’s Access. During the Project, the Contractor shall provide the Owner, the A/E, the Owner’s Representative, if any, and the OCIP Administrator, if any, reasonable facilities, equipment, and assistance to enable them to access the Project site, the Work, and discrete portions thereof in a safe and convenient manner. 9.23 Covering Work Contrary To Directions. If any of the Work is covered contrary to the request of the Owner or the A/E, or contrary to any provision of the Contract Documents, such Work shall, if required by the Owner or the A/E, be uncovered for inspection and shall be recovered at no additional cost to the Owner. 9.24 Access To Existing Facilities. The Contractor shall provide all precautions and measures for safety and protection when accessing the Owner’s existing facilities that are not part of the Project site. In addition, the Contractor’s access to the Owner’s existing facilities that are not part of the Project site may be permitted at times other than the regular workday hours provided that advance notice is given to the Owner to permit scheduling of an escort for the Contractor’s workers and scheduling of security monitoring during the Contractor’s performance of its Work in the existing facility. 9.25 Disruption Of Utilities. The Contractor shall provide ten (10) days advance notice, coordinate with the Owner, and make arrangements for any interruptions or severance of utilities and services to existing facilities. Unless otherwise approved by the Owner, such interruption or severance shall be performed during non-regular working hours. 9.26 Disruption Of Fire Protection System. A fire watch is required for any system that is taken offline and not returned online at the end of each day. The Contractor shall provide daily notice of any interruption or severance of any fire detection, fire suppression, or fire alarm systems. Daily notice shall be made to Emergency Services via the Rutgers Police Department, Telephone: 732-932-7211. Fire alarm systems must be kept operational in partially occupied buildings. 9.27 Owner’s Other Contractors. The Owner reserves the right to perform construction or operations related to the Project or within the Project site with the Owner’s own forces, and/or the Owner’s Other Contractors. The Contractor shall provide these persons and the Owner’s Other Contractors access to the Project site and a reasonable amount of space to conduct their operations and for storage of materials and equipment and shall closely coordinate its Work and operations with such persons or entities. If a dispute arises as to the party accountable for waste material or rubbish left at the General Conditions GC 23 Project Name: Writers House Project site, the Owner shall direct one of the parties to clean up the portion of the Project site at issue and allocate the costs among those the A/E determines is responsible. 9.28 Labor Relations. The Contractor shall administer an effective labor relations program, and shall take all steps necessary to ensure that the Work proceeds without causing labor disharmony or Delays. In the event that the Project’s progress or the Owner’s use or access to the premises is affected as a result of a labor dispute, including but not limited to, picket lines or other public demonstrations or displays, the Contractor shall immediately take all steps necessary, including seeking court intervention, to restore the Owner’s full use of and access to the premises and prevent any Delays to the Work. 9.29 Owner-Supplied Items. The Contractor shall assist the Owner in arranging for delivery and storage of Owner-supplied items, if any, for the Project until such items are incorporated into the Project. In addition, the Contractor shall unload, move, store, secure, protect, unpack, assemble, and install the Owner-supplied items, and dispose of all debris related thereto. 9.30 Non-Removal Of Materials. The Contractor shall take reasonable precautions to ensure that materials delivered and stored at the Project site shall not be removed from the Project site. 9.31 Soil Erosion And Sediment Control. The Contractor shall comply with the requirements of the applicable Soil Conservation District, including the requirements that are identified in the certified contract drawings that were filed by the Owner with the applicable Soil Conservation District. The Contractor shall fully cooperate with the applicable Soil Conservation District for inspections, permits and the filing of required reports. The Contractor shall expeditiously remedy any non-compliance issues. 9.31.1 The Owner will obtain necessary certifications and / or permits related to soil erosion and sediment control prior to any land disturbance by the Contractor. 9.31.2 The Contractor will be responsible for the timely inspections of the project site to ensure continuous compliance with the soil erosion and sediment control sections of the applicable Soil Conservation District’s certified contract drawings. The contractor will also be responsible for the completion, submitting to the Owner, and filing on site of the weekly “Construction Site Storm water Compliance Inspection Report”, and the “Final Storm Water Compliance Inspection Checklist”. Report forms to be supplied to the Contractor by the Owner. Refer to Exhibit Z. 9.31.3 Owner / Architect, without relieving the Contractor of its responsibilities stated in this section, may issue letters of non-compliance to Contractor for failure to comply with the soil erosion and sediment control sections of the applicable Soil Conservation District’s certified contract drawings. The Contractor shall expeditiously remedy the non-complying issues. Failure to comply can result in fines and / or other penalties being assessed to the Contractor equivalent to those imposed by the applicable Soil Conservation District. 9.31.4 Contractor shall be responsible for all deficiencies, violations and penalties received by the Owner from the New Jersey Department of Environmental Protection or the General Conditions GC 24 Project Name: Writers House applicable Soil Conservation District for work not in conformance with the certified contract drawings and specifications. 9.31.5 All soil(s) imported for use on Rutgers University properties must be ‘Certified as Clean Fill’ or meet the definition of ‘Beneficial Reuse’ standards established by the NJ Department of Environmental Protection (NJ DEP) as per the New Jersey Administrative Code (N.J.A.C.) 7:26E-1 et Seq. 9.31.6 Certified Clean Fill is any fill material that is/or has been mined from virgin soil and is free from contaminates. Documentation (Bill of Lading, Manifest, etc.) must be provided to the Owner or owner’s Representative, if any, for every truck load. Documentation must include, but is not limited to: Source location, lot and block. A certification must be included on all documents. 9.31.7 Beneficial Reuse. The Contractor will provide the Owner or Owner’s representative, if any, all documentation for any soil that is being imported on Rutgers University properties under the NJDEP Beneficial Reuse program. Documentation shall include, but not be limited to: Source location, lot and block, NJ State Application(s) for reuse, analytical data and site map(s). Rutgers University reserves the right to refuse any/all soil imported for use on University properties from commercial, industrial or residential sites. 9.31.8 Bill of Laden must be supplied for all ‘fill’ materials used on Rutgers University properties. ‘Fill’ material can include, but is not limited to: Soils, Sand, stone and crushed/pulverized concrete. 9.32 Delivery Tickets. Any soil transported from or to the Project site shall be hauled by covered tandem dump trucks and weighed and recorded. Delivery tickets therefore shall be provided to the Owner. 9.33 Municipal Opening Permits And Inspections. Municipal permits and inspections required for the opening or modifying of streets, sidewalks, or municipal or public utilities shall be obtained and scheduled by the Contractor directly with the applicable municipality. 9.34 Uniform Construction Code Local Inspections And Permits. The Contractor acknowledges that local municipalities are not required to inspect the Work for compliance with the New Jersey Uniform Construction Code when the Project is located on a Rutgers campus or on property owned by Rutgers University, collectively “campuses,” and that required code inspections for such locations shall be obtained through the Rutgers University Construction Code Official, or as directed by the Owner. If, however, the Project site is not located in one of the Owner’s campuses, then the Owner will advise whether the local code inspections will be obtained through the Rutgers University Construction Code Official, or otherwise. The Owner shall pay the cost of the construction permits and the local inspections relative to the New Jersey Uniform Construction Code only. (See Special Permits at Section 9.35 below). The Contractor, however, shall fill out the applicable New Jersey Uniform Construction Code permit forms and submit the forms to the Owner, who will forward the forms to the Rutgers University Construction Code Official. To schedule an inspection with the Construction Code Official, the General Conditions GC 25 Project Name: Writers House Contractor shall contact the Construction Code Official, 732-445-2430 Extension 606, a minimum of seventy-two (72) hours in advance of the requested inspection time. Should the Contractor schedule any inspection but not be prepared at the time the Construction Code Official arrives, the Contractor shall pay any costs of time and travel resulting from having the Construction Code Official return to the jobsite for re-inspection. This pertains to routine inspections, as well as inspections for Temporary and Final Certificates of Occupancy. 9.35 Special Permits. The Contractor shall obtain and pay the cost of any permits and inspections required, other than for compliance with the New Jersey Uniform Construction Code. 9.36 Progress Meetings. The Contractor shall conduct meetings with the Owner and the A/E at least weekly, unless otherwise directed by the Owner, and at such additional times as the needs of the Project or good design and construction management practice may require, or more frequently as the Owner directs, for the purpose of discussing all matters relating to safety, labor, materials, and the quality, quantity, coordination, sequences, and progress of the Work. The Contractor shall be represented by the Contractor’s project superintendent, and, if necessary, other persons familiar with the details of the Project and authorized to conclude matters relative to the Project. As needed, Subcontractors shall attend and participate in the meetings. The Contractor shall provide timely advance notice to the Owner and A/E of progress meetings. 9.37 Meetings Minutes. Within five (5) days of each progress meeting, meeting minutes will be prepared by the A/E and distributed as directed by the Owner. Within three (3) business days after the Contractor’s receipt of the meeting minutes, the Contractor shall review the meeting minutes and provide to the A/E proposed additional content or proposed revisions as is necessary to make the meeting minutes an accurate representation of the meeting’s events and conclusions. 9.38 Basic Project Documentation. The Contractor shall maintain at the Project site the following documents on behalf of, and for the use of, the Owner: (1) A directory of personnel and project entities; (2) Insurance certificates showing the required insurance coverage; (3) A complete set of current Subcontracts and Contract Documents, including a current set of drawings and specifications; (4) Change Orders and the Proposed Change Order Log; (5) The current Global Project Schedule and the Detailed Construction Schedule; (6) Meeting minutes; (7) Daily Reports; (8) Monthly Submittals to the Owner; (9) Permits and approvals; (10) The Submittal Log and Submittals, including samples and mock-ups; (11) The RFI Log and requests for information; (12) Bulletins; (13) Testing log, plot plan, and testing results; (14) Coordination drawings; (15) As-built Documents; General Conditions GC 26 Project Name: Writers House (16) (17) (18) A clean set of the principal building layout lines, elevations of the bottom of footings, floor levels, and key site elevations certified by a qualified land surveyor or engineer; Approved Site Logistic Plan, and All other documents required by this Agreement. Prior to final payment by the Owner to the Contractor, the Contractor shall deliver these documents to the Owner. The Contractor shall also maintain, at the Project site, applicable handbooks, federal, state, municipal, commercial, and technical standards and specifications, which shall not be delivered to the Owner at the completion of the Project. 9.38.1 Daily Reports. The Contractor shall maintain daily reports (“Daily Reports”), which shall identify (i) daily weather conditions and any material impact on the Work caused thereby; (ii) the Contractor’s personnel on site; (iii) all Subcontractors working each day and the number of employees of each on the Project site; (iv) the Work accomplished each day; (v) any material equipment failures or breakdowns; (vi) any procurement or delivery problems; (vii) any Project site accidents or injuries; (viii) any safety or environmental violations, warnings, or citations issued; (ix) discovery of defective, deficient or non-conforming Work; and (x) any other events, circumstances, or occurrences materially impacting the progress or cost of the Project. A log containing the Daily Reports shall be maintained and open to the Owner and the A/E at all times. 9.38.2 Monthly Submittals. Each month, the Contractor shall prepare and submit to the Owner within fifteen (15) days of the end of the preceding month the following: (1) Certified weekly time sheets (payroll documents) from the prior month’s work. (2) Submittal Log, update (3) Global Project Schedule, update (re: 12.6) (4) Detailed Construction Schedule, update (re: 12.6) (5) Project Photographs (re: 9.38.3) Updates to the Submittal Log, Global Project Schedule and Detailed Construction Schedule shall be in print and electronic form. 9.38.3 Project Photographs. The Contractor shall periodically, but not less than once per month, record photographs of the progress of the Project by means of digital photographs. Such photographs may be taken by the Contractor’s field staff and need not be taken by a professional photographer. Electronic media containing the photographic record shall be submitted to the Owner together with the Monthly Submittals. 9.38.4 General Conditions Project Video Recordings. (1) If at any time requested by the Owner, the Contractor shall, at the Owner’s expense, record periodic narrated video recordings depicting progress of the Work. Any such video recordings shall be submitted to the Owner with the Monthly Submittals. GC 27 Project Name: Writers House (2) 9.39 As soon as is possible after a safety or an environmental incident occurs, the incident shall be photographed and video recorded at the Contractor’s initiative and expense. Any such photographs and video recordings shall be submitted to the Owner with the Monthly Submittals. Installation Of The Work. 9.39.1 The Contractor shall perform the Work in accordance with Applicable Laws. If the Contractor ascertains at any time that any requirement of this Agreement is at variance with Applicable Laws, the Contractor shall promptly notify the Owner and the A/E. 9.39.2 The Contractor shall be responsible for satisfactory joining and fitting all parts of the Work. 9.39.3 The Contractor shall install the Work so that items that need to be accessed for operation and maintenance are readily accessible. Minor changes, due to field conditions, in the locations of items such as equipment, pipes, risers, valves, partitions, and access panels from the locations that are indicated in the drawings shall be made if and as directed. The Contractor shall preserve the integrity of the ceiling heights and room sizes and shall prevent conflicts and encroachments on specified clearances and code requirements. No approval of Submittals shall negate this requirement, unless such change was identified in writing. 9.39.4 The Contractor shall handle, store and install items for the Work in accordance with the manufacturer’s printed instructions, unless otherwise approved by the Owner or A/E. In addition, items must be handled, stored, and installed such that any applicable manufacturer’s guarantee or warranty shall be preserved and will accrue on behalf of the Owner. 9.39.5 The Contractor, including its Subcontractors, shall conduct any preinstallation meetings with the A/E as the A/E may require. 9.40 Drawings. The drawings for each of the different trades complement each other; no drawings are to be considered complete for any trade without all other drawings. The Contractor shall not scale dimensions or locations from the drawings. Throughout construction, the Contractor shall field verify dimensions on drawings. Drawings may be augmented by responses to requests for information (“RFIs”) and the A/E’s Bulletins, Construction Change Directives, or other written instructions. The Contractor shall conform to all reasonable minor changes without an increase to the Contract Sum. 9.41 Coordination Drawings. Unless directed otherwise by the Owner, prior to construction of the Work at issue the Contractor shall prepare and submit to the A/E for review and approval a set of fully coordinated mechanical, electrical, plumbing, HVAC, and fire protection drawings General Conditions GC 28 Project Name: Writers House showing layout, coordination among the various parts of the Work, availability of access for maintenance and repair, absence of interferences and preservation of architectural features. These documents shall also be made available by the Contractor to the Owner upon the Owner’s request. 9.42 Changes In The Work. The Contractor shall develop and implement a system for the preparation, review, and processing of proposed Change Orders. The Contractor shall prepare and maintain a log of proposed Change Orders (the “Proposed Change Order Log”). 9.43 Cleanup Of Owner’s Premises. The Contractor shall frequently clean up all waste, including debris, and excess materials and insure that the Project site presents a neat and orderly appearance. The Contractor shall be responsible for the timely and expeditious removal and lawful off-site disposal of all waste resulting from the Work. No burning or burying of waste and excess materials is permitted. The Contractor shall frequently clean any debris, mud, snow, and other materials on the Owner’s property, including outside the Project site, that falls off any vehicle while the vehicle is traveling to or from the Project site. 9.44 New Jersey Preference. Items that are manufactured or produced in the State of New Jersey shall be provided preference over items that are manufactured or produced outside of New Jersey when such preference will not negatively impact the quality or cost of the Project or the efficiency of the Work. 9.45 Materials Specified By Standard. Unless identified otherwise, any item that is specified by reference to the number, symbol, or title of such item, or by reference to a standard, such as a commercial standard, federal specifications, trade association standard, or other similar or related construction industry standards, shall comply with requirements of the latest revision thereof and any amendment or supplement thereto in effect on the date of this Agreement. The Contractor shall provide satisfactory evidence of such compliance in the Submittal for such item. 9.45.1 Approved Equal. If an item is specified with the phrase “or approved equal,” then the Contractor may submit a request to the Owner and A/E for approval of an Equivalent item. For the proposed Equivalent item to be accepted, the Contractor must show that such item is Equivalent as this term is defined in Article 1. If requested, the Contractor shall submit testing results and/or samples of both the specified and proposed Equivalent items. The Contractor shall be responsible for all costs associated with evaluating a proposed Equivalent item and all additional costs necessary to incorporate such item into the Project. In no event will either the A/E or the Owner be liable for Delay to the Work incurred through the Contractor’s requests to have a proposed Equivalent item approved. 9.45.2 Brand Name Items. If an item is identified by brand name and the phrase “or approved equal” does not appear with such reference, then the use of a proposed Equivalent item shall not be requested or permitted. 9.46 Quality Control And Quality Assurance. The Contractor shall implement an effective quality control program to ensure that the Work complies with contract requirements and an General Conditions GC 29 Project Name: Writers House effective quality assurance program to evaluate the procedures, programs, and methods utilized during the Project that impact quality. 9.47 Solid Waste And Recycling Requirements. 9.47.1 All non-hazardous waste, including debris, and excess materials, created during the Project shall be recycled in accordance with local, county, and state guidelines. Such waste shall be placed in covered roll-off containers that are clearly labeled for the following types of waste: (1) Concrete and concrete block; (2) Asphalt; (3) Steel/metal; (4) Wood; (5) Cardboard; (6) Carpet (all types) and padding; (7) Cans/glass/plastics; and (8) Vegetation. In addition, (i) florescent light tubes shall be properly boxed and labeled; (ii) electronic ballasts shall be placed in fifty-five gallon labeled drums; (iii) ceiling tiles that do not contain asbestos, are not coated with fiberglass and do not have attached insulation shall be stacked on pallets and shrink wrapped to avoid contamination and water damage; and (iv) aluminum siding shall be stacked and bound. The Contractor shall ensure that waste created from the Project is segregated and stored as identified above and thereafter recycled. All other non-hazardous waste and debris must be placed in containers and be removed from the Project site when full. Containers for any type of material shall not be overloaded. Containers shall be covered to prevent precipitation from entering the container. 9.47.2 Within thirty (30) days of removal of waste from the Project site, the Contractor shall provide the Owner, (with a copy to: Director Environmental Services and Grounds, Facilities Maintenance Services - Busch/Livingston, Room 103, 6 Berrue Circle, Livingston Campus, Piscataway, New Jersey, tel: 848-445-3711 ext. 186; fax: 732-445-1234), with written proof of proper recycling by the recycling facility utilized, which will include: (1) The name and address of the recycler; (2) The total pounds, yards or cubic yards of material recycled; (3) The date of receipt of the material; and (4) A legible signature of the recycler indicating receipt of the materials. 9.48 As-Built Documents. The Contractor shall maintain at the Project site a set of drawings and specifications that are marked to accurately record all deviations, changes, and corrections from the layouts shown on the drawings and, as such, indicate all as-built conditions of the Project (the “As-built Documents”). Markings shall be made in easily distinguishable colors and in a uniform pattern. The Contractor shall update all As-built Documents periodically, but not less often than on a weekly basis. The Owner and A/E shall have a right to inspect these General Conditions GC 30 Project Name: Writers House documents at the Project site at any time during regular business hours, upon one day’s advance notice. The As-built Documents shall also be shown to the Owner and A/E at the meetings in which the Owner, Contractor, and A/E review the Contractor’s Pay Request. After completing the Work, the Contractor shall submit the As-built Documents to the A/E and Owner for approval. After approval, the Contractor shall furnish the A/E with three (3) sets of the As-built Documents. The As-built Documents for Projects that are located on the campuses other than in New Brunswick and Piscataway (e.g. the Newark, Camden and other campuses) shall also include signed and sealed drawings by a New Jersey licensed land surveyor that identify the final location of all underground service lines. Such drawings shall be titled “Contractor’s Documentation of Work As-Built” and shall carry the name and seal of the land surveyor and shall identify in feet and tenths of a foot the depths from finished grades and offset dimension from permanent service improvements such as buildings, curbs, walls, and walks of the underground service lines. The print copy of the drawings for the A/E shall be accompanied by a copy of the drawings on electronic media. ARTICLE 10 CONSTRUCTION PHASE – PROJECT CLOSEOUT 10.1 Substantial Completion. The Contractor shall advise the Owner and A/E when the Contractor believes that the Work has reached Substantial Completion and shall provide the A/E a list of Work items that are incomplete, deficient, or nonconforming, and prepare a schedule for their completion. The Contractor shall report to the Owner and A/E on a weekly basis regarding its progress in correcting and completing such incomplete, deficient, or nonconforming Work and any additional incomplete, deficient, or nonconforming Work that may be identified by the A/E or the Owner. 10.2 Early Occupancy. The Owner reserves the right to take possession of any completed or partially completed portion of the Work at any stage, provided such occupancy is authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the Contractor and Owner have accepted in writing the responsibility assigned to each with respect to such Work, including regarding payment, retainage, security, maintenance, heat, utilities, damage to the Work, warranties, and insurance. Partial occupancy or use of a portion of the Work, however, shall not constitute acceptance of Work not complying with the contract requirements. 10.3 Final Clean-Up. The Contractor shall make a final clean-up of the Work, the Project site and all other areas affected by the Work. Such final cleaning shall include, but not be limited to: (1) Removal of all tools, excess materials, temporary buildings, and Project signs; (2) Removal of all waste and excess materials and waste containers; General Conditions GC 31 Project Name: Writers House (3) (4) (5) (6) (7) Removal of temporary floor protections and clean, wash, or otherwise treat as directed, polish, and wax all finished floors; Removal of marks, labels, undesirable stains and paint, fingerprints, grease, oil, soil, dust, dirt, putty stains, and other foreign materials; Professionally clean floors and walls, clean and polish mirrors, fixtures, hardware, metal surfaces, interior and exterior surfaces of glass, and other surfaces that exhibit marks, and dirt; If air conditioning units were operated without filters during construction, then cleaning of ducts, blowers and coils shall be done; if units were operated with filters during construction then replace air conditioning filters; and Broom cleaning paved surfaces; rake clean other surfaces of Project site. 10.4 Final Inspection. The Contractor shall provide written notice to the Owner and A/E that the Work is ready for final inspection and participate with the Owner and the A/E in the final inspection of the Work. The Contractor shall promptly correct any defective, deficient, or nonconforming Work found in the inspection. 10.5 Required Closeout Documentation. Prior to Project closeout, the Contractor shall submit to the Owner, the following: (1) A certificate from the A/E certifying that the Project has reached Substantial Completion; (2) A bound copy of the approved Submittals and final Submittal Log; and (3) A letter from the A/E certifying that the Project has reached Final Completion. 10.6 Required Closeout Documentation From Contractor. Prior to or with the submission of the final Pay Request, the Contractor shall perform each of the items identified below, each of which is a condition precedent to the Owner’s obligation to make final payment. 10.6.1 Punchlist Letter. The Contractor shall submit a letter to the A/E and the Owner stating that all punchlist Work is completed. 10.6.2 Insurance. The Contractor shall submit a certificate of insurance showing the required post-completion insurance that is in effect from the date of Substantial Completion per the requirements of Article 17, as stated below: Products-Completed Operations Five (5) years Owners Contractors Protective Policy One (1) year Contractors Pollution Liability Three (3) years Contractors Professional Liability Three (3) years 10.6.3 Review And Assignment Of Warranties. The Contractor shall obtain and transmit to the Owner all special product, system, equipment, or material warranties required by the Contract Documents or the Subcontracts or obtained during the Project. The Contractor shall review all such warranties to confirm that the warranties are in General Conditions GC 32 Project Name: Writers House compliance with the requirements of this Agreement. Special product, system, equipment, or material warranties called for by this Agreement shall commence on the date of Substantial Completion. By entering into this Agreement, the Contractor hereby assigns to the Owner all of the Contractor’s rights, title, and interest in and to, any warranties that the Contractor receives or is entitled to receive from any Subcontractor in connection with the Project. 10.6.4 Certificate Of Occupancy. The Contractor shall submit the Temporary Certificate of Occupancy and the Certificate of Occupancy that was obtained from the Rutgers University Construction Code Official. 10.6.5 Lien Waivers. Using the forms included as exhibits to this Agreement, the Contractor shall submit a Final Lien Waiver And Indemnity Agreement, with Final Lien Waivers, identified as “Final” by each of the Subcontractors attached thereto. 10.6.6 Consent Of Surety. The Contractor shall submit a signed document from the surety that states that the surety consents to the issuance of Final Payment to the Contractor. 10.6.7 Final Pay Request. approved by the A/E. The Contractor shall submit the final Pay Request, 10.6.8 As-Built Documents. The Contractor shall submit a set of accurate and complete As-built Documents to the A/E for the A/E’s preparation of the Record Drawings. The Owner shall own all rights to the As-built Documents and Record Drawings. 10.6.9 Stormwater Polution Prevention Inspection Sheet (Report) and Final Stormwater Compliance Inspection Checklist (Report). Using the forms provided by the Owner (Refer to Exhibit Z), and any necessary Contractor attachments thereto, the Contractor shall complete an initial stormwater pollution prevention inspection report at the outset of the construction phase of the project, and every 7 days thenceforth. A report shall also be completed within 24 hours of each 0.5 inch or greater rainfall. The inspection reports, completed to show an accurate accounting of existing field conditions, are to be keep on site in a binder and organized by date. At the conclusion of the project the Contractor shall submit to the AE/Owner a final inspection report completed and signed by the Contractor’s project executive together with a bound set of all previously prepared inspection reports . This final report(s) is a condition precedent to the Contractor’s request for final payment. 10.6.10 Air Balancing Report. If required by the specifications, the Contractor shall submit an air balancing report, if not provided to the A/E previously. Any deficiencies noted in the air balance report or by the A/E shall be expeditiously corrected by the Contractor. General Conditions GC 33 Project Name: Writers House 10.6.11 Water Testing Report. If required by the specifications, the Contractor shall submit a water testing report. 10.6.12 Roofing Testing Infra-Reds. If required by the specifications, the Contractor shall submit a copy of the infra-red testing results of the roofing system. 10.6.13 Fire Protection System. If required by the specifications, the Contractor shall submit proof of acceptance of the fire detection, fire suppression, and fire alarm systems from the necessary regulatory entity. 10.6.14 Service And Maintenance Documentation. The Contractor shall obtain, and transmit to the Owner, a service and maintenance manual for each mechanical, electrical, plumbing, HVAC, or other technical systems. Such documentation shall use manufacturer’s printed information whenever available and shall include a complete description of the following: (1) The system; (2) Service and maintenance manuals; (3) Oiling requirements and types of lubricants to be used in operation of the system; (4) Parts plans and list of recommended spare parts for maintenance; (5) Warranties and service contracts; (6) A list of names, addresses and telephone numbers for all Subcontractors and service firms for each system; (7) Data Collection Sheets; (8) Diagrams and charts that identify and locate wiring, connections, control valves, circuits, and zone locations; (9) Valve tag chart; (9) Sleeve and opening drawings; and (10) Coordination drawings. The service and maintenance manuals shall be furnished to the Owner and A/E for review in two sets of uniform, labeled, three-ring binders. After incorporation of the Owner’s and A/E’s comments, if any, and after the Owner’s acceptance, the Contractor shall deliver to the Owner three (3) corrected bound copies and three (3) sets of labeled CD-ROMs of the contents thereof scanned. For all warranty items listed above, the Contractor shall provide to the Owner 5 bound copies of the warrantees and 2 CD copies of the same. Additionally, the Contractor shall provide to the Owner all service and maintenance documentation, if any, for structural components of the Project, exterior siding, curtain walls, glazing, doors, hardware, insulation, roofing, flooring, ceilings, specialty finishes, elevators, specialty equipment listed in the specifications, landscaping and plantings, exterior systems and all finishes listed in the specifications. Five bound copies of these documents and 2 CD’s are to be submitted to the Owner. General Conditions GC 34 Project Name: Writers House 10.6.15 Data Collection Sheets. A form Data Collection Sheet is attached as an exhibit to this Agreement. The Contractor shall provide a completed Data Collection Sheet for each piece of mechanical, electrical, plumbing, and HVAC system that is permanently installed for the Project. These sheets shall be bound and turned over to the Owner prior to final acceptance of the Project by the Owner. 10.6.16 Diagrams. In rooms where technical systems will be operated, the Contractor shall furnish and install, under framed glass in appropriate locations as directed by the Owner, a complete set of inked or typewritten diagrams and charts identifying and locating all wiring, connections, control valves, circuits, and zone locations and shall provide color coding of piping and wiring and attach corresponding numbered tags to each item. 10.6.17 Operations And Maintenance Training. The Contractor shall provide comprehensive, adequate, training sessions of the Owner’s personnel for all mechanical, electrical, plumbing, or other technical systems that are part of the Work of the Project and shall provide a copy of the particular manufacturer’s recommended training program for the operation of the manufacturer’s equipment. The Contractor shall provide to the Owner for the Owner’s approval a detailed schedule for the training sessions of the Owner’s personnel. The schedule shall include, where applicable, but not be limited to, provisions for: One day for electrical systems including any emergency generator(s) One day for fire alarm system Two days for HVAC systems including boilers, burners, pumps, heat exchangers, water softeners, circulators, breeching, compressors, condensing units, air handlers, fans, fan motors and building management systems. One day for geothermal systems, all components. One day for plumbing equipment, sprinkler system and fire pump(s). 10.6.18 Cleaning Instructions. The Contractor shall submit cleaning instructions for visible materials throughout the completed Work. 10.6.19 Maintenance/Attic Stock. The Contractor shall submit a list that shows (i) the maintenance/attic stock that is required by the Contract Documents and (ii) the maintenance/attic stock that was provided by the Contractor. The document containing such list shall also identify that the provided stock meets the requirements of the Contract Documents. 10.6.20 Keys. The Contractor shall label and deliver all keys to the Owner with maintenance/attic stock, if any, for the Project. 10.6.21 Monthly Project Workforce Reports. The Contractor shall submit a complete set of AA202-Monthly Project Workforce Reports for the Project. General Conditions GC 35 Project Name: Writers House 10.6.22 Updated MBE/WBE Compliance Form. The Contractor shall submit a final updated MBE/WBE Compliance Form for the Project that shows the actual amounts of subcontract work that was provided to MBE/WBE entities during the Project. 10.6.23 Certified Weekly Time Sheets. The Contractor shall submit certified weekly time sheets relating to persons who have performed Work. 10.6.24 The Contractor shall also provide all other documents required by this Agreement, by good building practices, or as reasonably required by the Owner. 10.7 Excess Materials. All excess materials of any kind or character left on the Project site or the Owner’s property after the expiration of twenty (20) days from the date of Final Completion, as shown in the A/E’s letter of Final Completion, shall become the property of the Owner, if the Owner accepts ownership of such materials in writing. 10.8 Eleventh Month Inspection. During the eleventh month after Final Completion, the Contractor, A/E, and Owner shall conduct a thorough inspection of the Work and determine if the Contractor has fully complied with its contractual responsibilities under this Agreement, including whether if any part of the Work requires remedial or warranty Work by the Contractor (the “Eleventh Month Inspection”). The Contractor shall promptly remedy any defects identified. The Contractor shall coordinate such Work with the Owner’s operations. No actions taken during, or as a result of the eleventh month inspection, shall discharge, diminish or otherwise modify any of the Contractor’s obligations under this Agreement or any applicable warranties by the Contractor or any other entity. 10.9 Non-Waiver Of Claims For Defective Work. The Contractor acknowledges that neither entrance, inspection, nor use of the Project site or completed Work by the Owner, the A/E, or their representatives, nor any payment (whether final or otherwise) made by the Owner, shall be construed as an acceptance of defective, deficient, or nonconforming Work, nor shall such entrance, inspection, use, or payment release the Contractor from any of its obligations under this Agreement. ARTICLE 11 CONSTRUCTION PHASE – SUBMITTALS AND TESTING 11.1 Contractor’s Testing. If the specifications require the Contractor to obtain the services of independent testing laboratories or engineers to perform testing, then prior to mobilizing on the Project site, the Contractor shall submit for the Owner’s and A/E’s approval the names of recommended testing laboratories for the Project. Such testing laboratories shall: (1) Be licensed, certified, and authorized to operate in the State of New Jersey; (2) Meet the “Recommended Requirements for Independent Laboratory Qualification,” published by American Council of Independent Laboratories; (3) Meet the requirements of ASTM E 329; and General Conditions GC 36 Project Name: Writers House (4) Utilize testing equipment that is calibrated at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. The Contractor shall submit a copy of the Materials Reference Laboratory of National Bureau of Standard’s most recent inspection of the recommended testing laboratory’s facilities, including a memorandum of remedies of any deficiencies reported by the inspection. The Contractor shall also provide, for the Owner’s and A/E’s approval, the qualifications of and certifications received by the laboratory’s field service technical personnel which will be utilized on the Project site. 11.2 Contractor’s Testing. If the specifications require the Contractor to obtain the services of independent testing laboratories or engineers to perform testing, then the Contractor shall provide the Owner and A/E a written report of each test and inspection within ten (10) days of testing. The Contractor shall immediately notify the Owner and A/E if laboratory tests indicate that strengths, qualities, quantities, or system performances do not meet the specified requirements and shall propose remedial action. The Contractor shall maintain preliminary records of test results at the Project site pending provision of the written report. Each report shall identify the: (1) Project title and number; (2) Testing laboratory name, address, and telephone number; (3) Name and signature of the person performing the inspection or test; (4) Test report number; (5) Date report issued; (6) Date and time of the test or inspection; (7) Record of temperature and weather conditions; (8) The test location; (9) Identification of the product and specification section; (10) Type of inspection or test; (11) Results of inspections or tests and compliance with Contract Documents; (12) Interpretation of the inspection or test results; and (13) A marked-up plan that identifies the inspection and testing locations. These documents shall be maintained daily and be available for the A/E’s and Owner’s inspection upon two (2) days’ notice. 11.3 Contractor’s Testing Of The Work. The Contractor shall perform the testing of the Work (i) that is required by the specifications and (ii) which is not performed by the Owner but is required by industry standards and good building practices. The Contractor shall provide advance notice of such testing and inspections to the Owner and A/E, shall provide suitable documentation for such testing and inspections, and arrange for witnessing of same by the A/E and the Owner. The Contractor shall distribute appropriate copies of testing and inspection documentation to the Owner and A/E. 11.3.1 For testing and balancing of HVAC systems, the Contractor shall engage one of the Owner-approved test and balance companies that are identified in the specifications. General Conditions GC 37 Project Name: Writers House 11.4 Owner’s Testing. The Owner shall engage testing laboratories and technical engineers to perform testing for portions of the Project. Copies of testing reports shall be provided to the Contractor and the A/E. The Contractor shall immediately notify the Owner and A/E if laboratory tests indicate that strengths, qualities, quantities, or system performances do not meet the specified requirements and shall propose remedial action. The Owner’s testing shall in no way reduce or otherwise modify the Contractor’s full and total responsibility for the Work. Testing laboratory and technical engineers are not authorized to modify the requirements of this Agreement or perform the Contractor’s duties. The Owner shall provide the Contractor a list of testing to be performed by the Owner’s testing laboratories and technical engineers. The Owner may modify, update, and expand such list throughout the Project. 11.5 Coordination And Assisting The Owner’s Testing. The Contractor shall coordinate the Work, and cooperate and assist the Owner’s testing laboratories, including, but not limited to, the following: 11.5.1 Notifying such entities sufficiently in advance of operations to allow for laboratory assignment of personnel and scheduling of tests. Special notification requirements may be established by the testing or engineering agencies to ensure that the required field testing is performed in a timely manner. The Contractor shall be responsible for any additional costs incurred by the Owner as a result of the Contractor’s scheduling of testing that could not be performed as scheduled due to the fault of the Contractor; 11.5.2 Providing such entities access to the Work as may be required to complete the testing; 11.5.3 Providing such entities adequate quantities of representational samples of materials that require testing and are proposed to be used; 11.5.4 Providing such entities the preliminary and final design mixes proposed to be used for concrete and other materials mixes, which require evaluation by the testing laboratory prior to commencement of related work; 11.5.5 Providing such entities with copies of product test reports, if requested; 11.5.6 Providing such entities with incidental labor and facilities: (i) to provide access to Work to be tested; (ii) to obtain and handle samples at the Project site or at the source of the product to be tested; (iii) to facilitate inspections and tests; and (iv) for storage and curing of test samples; and 11.5.7 Coordinate with the testing laboratory for additional samples and tests required for the Contractor’s convenience. Any such additional samples and tests shall be at the Contractor’s expense. General Conditions GC 38 Project Name: Writers House 11.6 Additional Testing. The Owner may direct the Contractor to examine and obtain testing of items incorporated in the Work and such examination and testing shall be paid for as follows: 11.6.1 If the item fails to comply with the requirements of this Agreement, the Contractor shall pay for the cost of all examination and testing, and shall remove and replace all similar items with approved items at no expense to the Owner. 11.6.2 If the examination and tests establish the suitability and compliance of the item, the Owner shall pay for the costs of examining and testing, and the costs of any Work necessary to repair the tested item. 11.7 Nothing in this Article shall be construed to prohibit the Contractor, at the Contractor’s expense, to obtain the services of independent testing laboratories or engineers to perform provided materials testing services of the Work as part of the Contractor’s quality control/quality assurance program. 11.8 Submittals. 11.8.1 Submittal Log. Within twenty (20) calendar days after commencing the Work, the Contractor shall prepare and submit to the A/E a proposed log tabulating in detail all required Submittals. The log shall include a schedule for proposed dates and the corresponding specification section for each submittal. This log shall list the required Submittals in the same order as the Work related to such Submittals is identified in the specifications. Such log shall provide reasonable time for the A/E to review the Submittals. After the review of this log by the A/E, and the Contractor’s incorporation of the A/E’s comments, if any, the Contractor shall maintain and update such log (the “Submittal Log”) during the performance of the Work. Without limitation, updates to the Submittal Log shall identify: (1) A description of the Submittal with a reference to the appropriate division and section of the specifications; (2) The date the Contractor submits the Submittal or revision thereto to the A/E; (3) The date(s) the A/E returns the Submittal or revisions thereto and the reason for such rejection and whether or not the A/E approved or rejected the Submittal; and (4) The date the A/E approves the Submittal. 11.8.2 Submittal Process. The Contractor shall implement procedures to be followed for expediting the processing and the A/E’s approval of Submittals. The Contractor’s Work regarding Submittals shall be completed with reasonable promptness, and expedited where necessary, so as to cause no Delay to the Project. The Contractor shall immediately report to the Owner in writing any Delays in the Submittal process and the cause thereof and shall take appropriate steps to coordinate and expedite the Submittal process. The Contractor shall perform the Work in accordance with approved Submittals. The Contractor shall review all Submittals for constructability and General Conditions GC 39 Project Name: Writers House conformance with the requirements of the Project and Contract Documents (and require re-submission if necessary) prior to applying its approval stamp and submission to the A/E. Regardless of any statements in the Contractor’s approval stamp, the Contractor’s forwarding of such Submittal to the A/E for approval shall constitute the Contractor’s affirmation of approval of the Submittal’s constructability and conformance with the requirements of the Project and Contract Documents. If the Submittal deviates from the requirements of the Project or the Contract Documents, then the Contractor shall include a cover page on such Submittal that clearly identifies how such Submittal deviates from the requirements of the Project or the Contract Documents and briefly identifies why such deviation is appropriate. The Contractor shall furnish the A/E with four (4) prints of each Submittal to be reviewed. The A/E shall markup the Submittal prints to note the Submittal’s status and shall keep two prints for its own records, return one print to the Contractor and send the forth marked up Submittal to the Owner. If the Submittal constitutes printed matter that does not involve any special drafting, such as manufacturer’s information, the printed matter may be sent with only a transmittal letter. In such cases the number of copies of the printed matter to be sent to the A/E for review shall be determined at the initial Pre-Construction Meeting. The Contractor shall submit additional copies of Submittals as may be reasonably requested by the A/E or the Owner. 11.8.3 Submittals - Samples And Mock-ups. The Contractor shall furnish on the Project site for the Owner’s and A/E’s approval all samples and mock-ups that are required by the Contract Documents or for the Project. The samples and mock-ups shall show the true character, quality, and standards proposed. Samples and mock-ups shall have attached labels that identify the following: (1) The Project name; (2) The Contractor; (3) The Work for which the sample or mock-up is intended and, when applicable, the location where it will be installed; (4) The name and type of materials represented; and (5) The name of the producer and the place of origin. Approval of samples and mock-ups is for quality, color, and finish characteristics and does not act to permit deviation from the Contract Documents, unless such deviation is identified in writing by the Contractor and approved in writing by the A/E and the Owner. If the sample or mock-up is rejected, then the Contractor shall promptly prepare new or altered samples or mock-ups until acceptance. The Contractor shall perform the Work in accordance with the approved samples and mock-ups. The Contractor shall dispose of unapproved samples. Approved samples and mock-ups shall be maintained until Substantial Completion or, if directed by the Owner, until Final Completion. Thereafter, the Contractor shall dispose of the approved mock-ups. If approved by the A/E and Owner, approved samples and mockups that are in good condition may be used in the Work. 11.8.4 A/E’s Review/Approval. The A/E’s review and/or approval of Submittals shall not relieve the Contractor from its obligation for performance of the Work in strict General Conditions GC 40 Project Name: Writers House compliance with the Contract Documents. Submittals received by the A/E that indicate insufficient study of drawings and specifications, illegible portions, or gross errors may be rejected outright. Such rejections shall not constitute an acceptable reason for granting an extension of the Project duration. The A/E’s notation of “no exception taken” or “note markings” or substantially similar language shall not be construed as authorizing any deviations from the Contract Documents unless the Submittal identifies to the A/E that it is not in compliance with the Contract Documents and briefly identifies why such deviation is appropriate. The A/E’s notation of “note markings” or “no exception taken” or substantially similar language is used only to expedite the Work and in no way relieves the Contractor from submitting corrected Submittals. 11.9 RFI Log. In the event that an interpretation of the meaning or intent of the Contract Documents becomes necessary during construction, the Contractor shall advise the A/E of the issue by a written request for information and shall obtain the A/E’s response thereto. The Contractor shall submit requests for information to the A/E a sufficient time in advance of performance of the Work at issue so that the time taken by the A/E for review will not cause Delay to the Work. The Contractor shall prepare and maintain a log (the “RFI Log”) of the requests for information. Without limitation, the RFI Log shall identify: (1) A description and number of each RFI; (2) The date the RFI was submitted to the A/E; and (3) The date the A/E responded to the RFI. ARTICLE 12 SCHEDULING OF WORK 12.1 The Work to be provided under this Agreement shall be performed as follows: the Construction Phase will commence upon issuance by the Owner of the Notice to Proceed for the Work or portion thereof and will end upon Final Completion of all Work. 12.2 Notice To Proceed. The Owner shall issue Notice(s) to Proceed for the Project as a whole or portions thereof at such a time as determined by the Owner. The Contractor shall commence the Work that is subject to the Notice to Proceed not more than ten (10) calendar days after receipt of such Notice to Proceed. Such Notice(s) to Proceed shall identify the required Substantial Completion Date and Final Completion Date for the Project. 12.3 Global Project Schedule. Within two (2) weeks after the date the parties enter into this Agreement, the Contractor shall prepare and submit to the Owner, for approval, a schedule showing the sequence by which the Contractor proposes to perform the Work (the “Global Project Schedule”). The Global Project Schedule shall contain a 90 day look-ahead for construction activity and procurement activity. 12.4 Detailed Construction Schedule. Within four (4) weeks after the parties enter into this Agreement, the Contractor shall submit to the Owner a detailed construction schedule for performance of all Work (the “Detailed Construction Schedule”). The Detailed Construction General Conditions GC 41 Project Name: Writers House Schedule shall coordinate and sequence all activities, including procurement, fabrication, and offsite and onsite construction, and performance by all participants in the construction of the Project, including at least the Owner, the Contractor, the A/E and the major Subcontractors. 12.5 General Requirements For Schedules. The Global Project Schedule and Detailed Construction Schedule shall: (1) Be in such a form as the Owner may require; (2) Unless otherwise approved in writing by the Owner, utilize the critical path method of scheduling and shall identify the items that are on the critical path; (3) Include the milestone dates identified in the Contract Documents and other milestone dates, as appropriate, but at a minimum include milestones for procurement of long-lead items, sitework, Work by major trades, fabrication, and installation of all systems, Substantial Completion, testing, and start-up, Final Completion and an occupancy and, if applicable, incorporate performance of the Owner’s activities, including but not limited to, a user relocation schedule prepared in coordination with the Owner and incorporate schedules by the Owner’s Other Contractors, if any, and including receipt, installation and connection of Owner supplied equipment, if any; (4) Accurately and reasonably reflect the durations of and milestones for each of the tasks included therein; (5) Be prepared to enable Substantial Completion and Final Completion by the required dates; (6) Not show a Substantial Completion Date or Final Completion Date earlier or later than the required dates identified in this Agreement, as modified by Change Order(s), if any; (7) Be provided to the Owner in print and electronic form and shall be subject to the Owner’s approval; (8) Identify activities by early start and shall include a time scale network diagram with a minimum size of 24” by 36”; (9) Not show any one activity to span longer than twenty (20) calendar days. Lengthy activities which will span longer than twenty (20) calendar days shall be segmented into more detailed activities of durations less than twenty (20) calendar days each; and (10) Include provision for time anticipated to be lost due to foreseeable adverse weather conditions. 12.6 Updating Of Schedules. The Contractor shall update the Global Project Schedule and the Detailed Construction Schedule on a monthly basis throughout the Project, or more frequently as the Owner directs, to accurately reflect the Work accomplished and the Work to be performed. Two (2) copies of such updates of the Schedules shall be furnished to the Owner and to the A/E monthly, or more frequently as the Owner directs, as a part of the Monthly Submittals (re: 9.38.2) required by this Agreement. 12.7 Owner’s Approval Of Schedules. Upon the Owner’s written approval of the Global Project Schedule or the Detailed Construction Schedule, the Contractor may proceed in accordance therewith; however, the owner’s approval of any schedule shall only indicate the General Conditions GC 42 Project Name: Writers House owner’s acknowledgment of the dates contained therein and shall not constitute ratification or approval of the accuracy, adequacy, or logic of such schedules, or of the means, methods, manner or sequence of work contained in such schedules. The Owner’s approval of the Global Project Schedule and the Detailed Construction Schedule shall in no way diminish the Contractor’s duties to schedule and coordinate the Project and the Work, which coordination shall remain the sole responsibility of the Contractor, and shall not diminish or excuse the Contractor’s duties to perform its Work in a manner so as to achieve timely completion of the Project. In no event shall the Global Project Schedule, the Detailed Construction Schedule, or updates to these documents provided by the Contractor, whether or not objected to or approved by the Owner, constitute evidence of an adjustment in the Substantial Completion Date, Final Completion Date, or of the Contractor’s compensation hereunder. 12.8 Provision Of Support For Schedule. Upon the Owner’s request, the Contractor shall provide documents and information that is sufficient to show that it is able to maintain the Global Project Schedule and the Detailed Construction Schedule. Such evidence shall include showing that labor, subcontractors, materials, and equipment that are necessary for the timely installation and completion of the Work will be available. The Owner’s lack of objection or consent to such provided evidence shall not excuse the Contractor’s obligation to timely complete the Work. 12.9 Expediting To Maintain Schedule. If during the progress of the Work, the Contractor determines that it will not be able to (i) perform the Work in accordance with the Global Project Schedule or the Detailed Construction Schedule or (ii) achieve Substantial Completion by the Substantial Completion date and Final Completion by the Final Completion Date, or if, in the opinion of the Owner, the Contractor is delaying or failing to prevent delay in the progress of the Work, then the Contractor shall promptly submit to the Owner a recovery plan, including proposed adjustments, if any, to such schedules showing how the Contractor plans to mitigate the impact upon other portions of the Work and the Project and how it plans to complete the Work within the Contract Time. The Contractor, at its sole expense, shall take all reasonable steps to expedite performance of any activity, contract, delivery, or inspection where necessary to mitigate any Delay and maintain the Global Project Schedule and Detailed Construction Schedule and to achieve Substantial Completion by the Substantial Completion Date and Final Completion by the Final Completion Date. 12.10 Time Is Of The Essence. Inasmuch as the performance of this Agreement and completion of the Project is for the purpose of enabling the Owner to utilize a greatly needed facility or improvement to an existing facility, all provisions relating to the time of performance and completion of the work are of the essence, and it is hereby understood and mutually agreed between the Contractor and the Owner that the date of beginning, rate of progress, and time for completion of the Work required hereunder for the Project are essential conditions of this Agreement. It is expressly understood and agreed by and between the Contractor and the Owner that the time specified herein for completion of the Work is a reasonable time for completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Failure to prosecute the work, in accordance with the approved schedules shall constitute a material breach of this agreement. General Conditions GC 43 Project Name: Writers House 12.11 Excusable Delay. If, and to the extent, the Contractor can demonstrate the effect of a Delay on the critical path of the Global Project Schedule or the critical path of the Detailed Construction Schedule, such Delay in the performance of this Agreement shall be excused if such Delay: (1) Is beyond the reasonable control of the Contractor; (2) Is not due to the fault of the Contractor; (3) Which by the exercise of reasonable diligence by the Contractor, could not have been avoided; and (4) Did not occur during concurrent Delay that was caused by the Contractor, (collectively, an “Excusable Delay”). Excusable Delay may include, but is not limited to the following: Delay caused by the acts or omissions of the Owner, the A/E, the Owner’s Representative, if any, and/or the Owner’s Other Contractors, if any, floods, earthquakes, or other acts of God, unusually inclement weather of any nature, lack or failure of transportation facilities, epidemics, quarantines, cyclones, blockade, embargo, war, terrorism and acts of public enemies, riots or civil disturbances, revolution, interference by civil or military authorities, or is caused by reason of any unforeseeable revision in Applicable Laws. The Contractor shall promptly notify the Owner of the beginning and end of any instance of Excusable Delay and shall take all reasonable steps and precautions to alleviate the affects thereof. The Contractor shall not be entitled to an extension of time for completion of the Work or an equitable adjustment in the Contract Sum for any Delay for which the Contractor can not demonstrate an effect on the critical path of the Global Project Schedule or the Detailed Construction Schedule. 12.11.1 For Excusable Delay, the Contractor shall be entitled to (i) an extension of the Contract Time by the amount of the critical path delay as determined by the Owner and/or (ii) an equitable adjustment in the Contract Sum which shall be limited to the direct cost of the Contractor’s additional on site supervision, if any, as a result of the Excusable Delay. All other damages for Excusable Delay shall be barred by the provisions of this section. No adjustment shall be made under this clause for which an equitable adjustment is provided for, or excluded under, any other provision of the Contract Documents. 12.11.2 An Excusable Delay not identified in writing within twenty-one (21) days from the beginning of such Excusable Delay shall constitute a waiver of such Excusable Delay. 12.11.3 If Excusable Delay will likely extend for more than thirty (30) days, the Contractor shall reduce the size of its Project site staff and shall limit, restrict, and reduce costs incurred for the remainder of the Excusable Delay period, as directed by the Owner. Upon notification from the Owner of the termination of the Excusable Delay, the General Conditions GC 44 Project Name: Writers House Contractor shall restore the Project site staff to its former size, and shall use its best efforts to re-staff the Project with the Key Project Personnel. 12.12 No Damages For Delay. Except as expressly identified in Section 12.11 above regarding Excusable Delay, the Contractor shall NOT be entitled to a modification to the Contract Sum, Contract Time, or milestone dates, if any, and the Owner shall NOT be liable in any way for any Claims caused by or arising out of any Delay. In addition to and without limitation to the foregoing, the Contractor waives any Claims for indirect, special, incidental, exemplary, or punitive damages, idle labor or equipment, loss of productivity or efficiency, escalation of costs, lost profits, lost bonding capacity, home office overhead, and any other consequential damages caused by or arising out of any Delay. ARTICLE 13 OWNER’S OBLIGATIONS AND RESPONSIBILITIES 13.1 Owner’s Reviews, Inspections, Approvals, And Payments. The Owner’s, Owner’s Representative’s, if any, the OCIP Administrator, if any, and/or A/E’s review, inspection, or approval of any Work or documents prepared or submitted by the Contractor shall be solely for the purpose of determining whether such Work and such documents are generally consistent with the Owner’s construction program. The Contractor acknowledges that the Owner is relying on the Contractor to ensure strict performance of its obligations under this Agreement and for the accuracy, adequacy, or coordination of the Work. The Contractor agrees that no review, inspection, or approval by the Owner, A/E, Owner’s Representative, OCIP Administrator, any governmental or other regulatory agency or official shall relieve the Contractor’s obligation to comply with these obligations. In addition, payment by the Owner shall not constitute a waiver of any of the Owner’s rights under this Agreement. ARTICLE 14 CHANGES TO THE WORK 14.1 The parties recognize and agree that the scope of Work may include Work that is not expressly indicated in the Contract Documents, but which is inferable therefrom. Such Work shall be performed without additional compensation or an extension of the time for completion of the Project. 14.2 The Owner, without invalidating this Agreement, may at any time order changes in the Work, including additions, deletions or other revisions, with, if applicable, the Contract Sum and the Substantial Completion Date and Final Completion Date being adjusted accordingly. All such changes shall be made by written Change Order. Following the date that the change is ordered by the Owner or the change becomes known to the Contractor, notice for claims for changes to the Contract Sum or the Substantial Completion Date or Final Completion Date must be given in writing and within the later of (i) the date of the next Monthly Submittal(s) (re: General Conditions GC 45 Project Name: Writers House 9.38.2); or (ii) twenty-one (21) days after the change becomes known to the Contractor, unless, prior to the release or partial release of retainage, the Owner grants in writing a further period of time. No Work for which there is an increase in the Contract Sum or extension of the Contract Time will be performed by the Contractor without prior written authorization of the Owner, unless such change is due to an emergency affecting the safety of persons or property and identified below in this Article. 14.3 The amount of the Change Order shall be calculated as the sum of the following and which shall be separately identified on the Change Order: (1) The Contractor’s direct labor costs or savings of performing or deleting the change in Work, separately for each individual trade; (2) The Contractor’s direct material costs or savings of performing or deleting the change in Work, separately for each individual trade; (3) The Contractor’s overhead and profit charge applied to items (1) and (2) above only, for the change in Work as allowed for below; (4) The Contractor’s increased or decrease insurance costs, if any, without markup due to the change in Work; and (5) The Contractor’s increased or decreased bond costs, if any, without markup, due to the Change in Work. Allowed markup of direct cost for overhead and profit, as specified below, shall be calculated only on direct labor cost and direct material cost as listed above in 14.3(1) and 14.3(2). Changes in insurance costs if any, and changes in bonding costs if any, shall be billed at actual cost with no markup applied thereto. The Contractor’s maximum allowable markup for all additional overhead and profit shall be 10% for self-performed Change Order Work. For Change Order Work performed by a Subcontractor, the maximum allowable markup for all additional overhead and profit shall be 10% for the Subcontractor and 5% for the Contractor. Change Orders shall include all net time and net cost impacts of the change subsumed in the Change Order and the Contractor shall neither make nor assert a claim for damages against the Owner by reason of Delays arising out of Change Orders. Change Orders shall contain supporting documentation that is sufficiently detailed to allow the Owner, the A/E, the Owner’s Representative, if any, and the OCIP Administrator, if any, to make a check of the validity of the cost of the Change Order. Supporting documentation may include contracts, invoices, payrolls, delivery tickets, and vouchers for cost of materials (separately for each individual trade), labor costs showing hours and rates (separately for each individual trade), ownership or rental cost of equipment, insurance, overhead, and bond. Submission of a proposed change order or documentation in support therefor that contains unbalanced or falsified information or identifies costs in excess of the actual costs shall constitute a material breach of this Agreement. 14.4 In the event that the Owner and the Contractor are unable to reach agreement on a prospective Change Order, or in order to avoid Delay to the progress of the Work due to the time required to prepare the prospective Change Order, the Contractor shall promptly proceed with the Work involved, provided it receives a Construction Change Directive signed by the Owner. General Conditions GC 46 Project Name: Writers House The cost of such Work shall then be determined on a cost plus basis. The Contractor shall keep and present to the Owner, A/E and Owner’s Representative, if any, an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Pending final determination of cost to the Owner, payment on account shall be made monthly to the Contractor. 14.5 Should Concealed conditions be encountered in the performance of the Work that are materially at variance with (i) conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement; (ii) conditions indicated by the Contract Documents and Owner-furnished information; and (iii) conditions which would be apparent from a visual inspection of the Project site, the Contractor shall give the Owner, the Owner’s Representative, if any, and the A/E written notice of and a reasonable opportunity to observe such condition prior to disturbing it. Any failure by the Contractor to provide written notice of and a reasonable opportunity to the Owner, the Owner’s Representative and A/E to observe such condition shall constitute a waiver of any claim for a modification to the Contract Sum, the Substantial Completion Date, and Final Completion Date. 14.6 In any emergency affecting the safety of persons or property, the Contractor shall immediately take all reasonably necessary precautions to prevent threatened damage, injury or loss. Only events or circumstances posing a threat to persons or property (including the Work itself) or to the Owner’s interests shall be deemed emergencies for purposes of this paragraph. Without limitation, insufficient planning or scheduling, deficient Work or untimely performance, by the Contractor or its Subcontractors, shall not qualify as an emergency. 14.7 If the Owner, due to no fault of the Contractor, directs the Contractor to complete portions of the Work on an overtime basis, then the amount chargeable by the Contractor for such change shall include the premium portion of the overtime only. ARTICLE 15 RESERVED ARTICLE 16 PAYMENT 16.1 The Owner shall pay the Contractor the Contract Sum as full compensation for the Contractor’s full performance of this Agreement. 16.2 Schedule Of Values. 16.2.1 Within twenty (20) calendar days after commencement of the Work as defined in the Owner’s written Notice to Proceed, the Contractor shall prepare and present to the Owner and A/E a Schedule of Values in a format acceptable to the Owner. Unless General Conditions GC 47 Project Name: Writers House otherwise approved in writing by the Owner, the Schedule of Values shall contain, but not necessarily limited to, separate line items for: (i) commercial general liability insurance and excess/umbrella insurance; (ii) workers compensation and employers liability insurance; (iii) builders risk insurance; (iv) all insurance that is required under this Agreement but is not included in the foregoing; (v) payment and performance bonds; (vi) general conditions; (vii) overhead and profit; (viii) each awarded alternate; and (ix) a separate line item for the material component and a separate line item for the labor component for each section of each division of the specifications. The Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the A/E or the Owner may require to substantiate its accuracy. The contractor shall ensure that the schedule of values is not front-end loaded by the imbalancing or increasing of any element of the schedule of values in excess of the actual cost. The submission of an unbalanced schedule of values shall constitute a material breach of this Agreement. 16.2.2 The approved Schedule of Values shall be used in determining the amounts payable to the Contractor hereunder, but only after it has been acknowledged in writing by the A/E and the Owner. The Schedule of Values shall be amended for each issued Change Order and/or when so acknowledged in writing by the A/E and the Owner. 16.3 Pay Requests. The Contractor shall submit a notarized invoice in a format acceptable to the Owner requesting payment (“Pay Request”) for that portion of the Contract Sum earned by the Contractor in the performance of the Work during the preceding month. Pay Requests shall also indicate the Contractor’s estimate of the percentage of completion of the Project and each element thereof according to the line items established in the current approved Schedule of Values. Unless otherwise directed by the Owner, six (6) copies of the Pay Requests shall be submitted to the Owner, bearing the appropriate job number designated by the Owner. Pay requests shall be in the form required by the Owner and accompanied by documentation in support of the payment amount requested as the A/E or the Owner may require. Pay Requests and supporting documentation shall describe with reasonable particularity the Work rendered. Strict compliance with the requirements of this Section 16.3, including the subsections hereof, shall be a condition precedent to any payment, including Final Payment, under this Agreement. To facilitate prompt approval of the Pay Request, prior to the date for submitting such Pay Request the Contractor shall prepare a preliminary Pay Request and meet with the Owner, the Owner’s Representative, if any, and the A/E to review such preliminary Pay Request and thereafter appropriately modify such Pay Request prior to formal submission for approval and payment by the Owner. 16.3.1 Certification Relating To Pay Requests. Each Pay Request shall bear the signature of the Contractor’s project executive, which signature shall constitute the Contractor’s representation to the Owner that the Work indicated in the Pay Request has progressed to the level represented, has been properly and timely performed as required herein, that no Work has been covered or concealed contrary to the request of the Owner or the A/E, or contrary to any provision of the Contract Documents, that the portion of the Contract Sum claimed in the Pay Request has been actually, necessarily, and reasonably incurred, that all obligations of the Contractor covered by prior Pay Requests General Conditions GC 48 Project Name: Writers House have been paid in full, and that, to the best of the Contractor’s knowledge, information and informed belief, the amount requested is currently due and owing, there being no reason known to the Contractor that payment of any portion thereof should be withheld. Submission of the Contractor’s Pay Request shall further constitute the Contractor’s representation to the Owner that, upon receipt from the Owner of the amount requested, all payment obligations of the Contractor to others incurred in connection with the Project will be paid in full within five (5) days of such receipt. In the event that the Owner becomes informed that any of the foregoing representations by the Contractor are wholly or partially inaccurate, the Owner may withhold payment of sums, then or in the future otherwise due to the Contractor until the inaccuracy, and the cause thereof, is corrected by the Contractor to the Owner’s reasonable satisfaction. 16.3.2 Liens And Encumbrances. The Contractor warrants that title to all Work covered by a Pay Request, whether incorporated in the Project or not, will pass to the Owner upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances. The Contractor further warrants that no Work covered by a Pay Request will have been acquired by the Contractor, or by any other person or entity performing Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or is otherwise imposed. The Contractor acknowledges that the passing of title of the Work to the Owner shall not constitute the Owner’s acceptance of such Work. 16.3.3 Lien Releases And Verified List Of Subcontractors. Each Pay Request shall be accompanied by a signed lien waiver by the Contractor and signed lien waivers by each of the Subcontractors that provided work or materials for such Pay Request. Such lien waivers shall be in the forms attached as exhibits to this Agreement. Provision of such lien releases shall be a condition precedent to the Owner’s obligation to make payments to the Contractor. The Contractor’s application for Final Payment shall be accompanied by the Contractor’s signed Final Lien Waiver And Indemnity Agreement and by signed Lien Waivers, that are marked as “Final”, from all Subcontractors in the forms that are attached as exhibits to this Agreement together with a verified list of all Subcontractors, including suppliers of materials and systems incorporated into the Work. Such verified list shall be in the form attached as an exhibit to this Agreement. Provision of such documents shall be a condition precedent to the Owner’s obligation to make Final Payment to the Contractor. 16.3.4 MBE/WBE Compliance Form. Each Pay Request shall be accompanied by the Contractor’s completed MBE/WBE Compliance Form (attached as an exhibit to this Agreement), with data cumulative to date, for the month for which payment is requested. 16.3.5 Monthly Submittals. Refer to 9.38.2 for timing for the Monthly Submittals. 16.3.6 Documentation. The Contractor shall maintain detailed statements, including without limitation, receipted invoices, check vouchers, and any other evidence General Conditions GC 49 Project Name: Writers House demonstrating costs incurred by the Contractor on account of Change Order Work, if any, that was provided on the basis of direct cost of the Work plus a fee, if any, which records shall be available for the Owner’s and A/E’s examination during regular business hours. Upon the A/E or the Owner’s request, the Contractor shall submit certified time sheets relating to such persons who have performed Work for the Project. 16.4 Retainage. The Owner shall withhold from the total amount of each monthly Pay Request an amount equal to ten percent (10%) as retainage. At such time as the Contractor’s Work is fifty percent (50%) complete, the Owner may, in its sole discretion, reduce the retainage for the future Pay Requests to zero percent (0%). The Owner, however, shall continue to hold the retainage that was deducted from prior Pay Requests. The Owner reserves the right to reinstitute the 10% retainage at any point after the 50% completion point if, in the Owner’s opinion, the Contractor’s progress or performance is unsatisfactory. 16.5 Payment Of Pay Requests. Subject to the terms and conditions of this Agreement, the Owner shall make payment to the Contractor of all sums properly requested under the provisions of this Article and payable under the terms of this Agreement within thirty (30) days of receipt by the Owner of the Pay Request that has been signed by the A/E and approved by the Owner. If the Pay Request is not in proper order or is not supported by all required documentation, then the Owner or the A/E, shall notify the Contractor of such deficiency and the time for payment of such Pay Request, or any applicable part thereof, shall be extended by the amount of time required to cure such deficiencies. 16.6 Contractor’s Payments To Subcontractors. Within five (5) days after receipt of payment from the Owner, the Contractor shall pay each respective Subcontractor the amount paid to the Contractor on account of such Subcontractor’s Work. The Contractor shall require each Subcontractor to make payments to their respective sub-subcontractors and suppliers in a similar manner. The contractor shall not request payment for subcontract costs of the work for which the contractor does not intend to pay to the appropriate subcontractor within five days after receipt of payment from the owner. 16.7 Discretionary Partial Release Of Retainage. The Owner may, in its sole discretion, release part of the retainage after issuance by the A/E of the certificate of Substantial Completion. Prior to such partial release of retainage, however, the Contractor shall provide to the Owner a completed AIA G707A Consent Of Surety To Reduction In Or Partial Release Of Retainage. If the Contractor does not have access to this form, one may be requested from the A/E. The Contractor’s acceptance of the payment of such retainage shall constitute a waiver and release of all claims by the Contractor against the Owner for additional compensation beyond the unpaid portion of the Contract Sum, including modifications thereto pursuant to fully signed Change Orders. 16.8 Payment At Final Completion. Provided that all conditions precedent have been satisfied, after issuance by the A/E of a letter of Final Completion, and within thirty (30) days of receipt by the Owner of the Contractor’s final Pay Request that has been signed by the A/E, the Owner shall pay the Contractor all unpaid sums, including retainage, that is due to the General Conditions GC 50 Project Name: Writers House Contractor, less any amount properly withheld pursuant to this Agreement (“Final Payment”). The Contractor’s acceptance of Final Payment shall constitute a waiver and release of all claims by the Contractor against the Owner for additional compensation beyond that provided in the Final Payment. Final Payment by the Owner shall not, however, constitute a waiver by the Owner of its rights or claims arising from the Contractor’s failure to perform in strict accordance with the requirements of the Contract Documents. If an OCIP is provided for this Project, any amounts that are found in the final OCIP reconciliation to be due from the Owner or to the Owner shall be either added or deducted, as applicable, from amounts due from the Owner to the Contractor. 16.9 Withholding Of Payment. Any provision of this Agreement notwithstanding, the Owner shall not be obligated to make a payment or payments to the Contractor which is otherwise due, if, and for so long as, any one or more of the following conditions exist: (1) The Contractor’s Pay Request is not in the form or supported by the documentation that is required by this Agreement; (2) The Contractor is in material breach of any of its obligations, representations or warranties under this Agreement; (3) Any part of such payment is attributable to Work which is defective, deficient, or not strictly conforming with the requirements of the Contract Documents; (4) The Contractor has failed to make payments promptly to its Subcontractors, consultants, employees, or others performing Work in connection with the Project, or any person or entity has filed a claim that the Contractor has failed to make payments due to such person or entity, unless such failure is due to the Owner’s failure to make timely payment to the Contractor; (5) Any person or entity has asserted a claim against the Owner in whole or in part on account of alleged acts or omissions of the Contractor; (6) Damage to the Owner or to a third-party to whom the Owner is, or may be, liable, due to an act or omission by the Contractor or a Subcontractor or person or entity for whom the Contractor is responsible; or (7) Any situation or condition exists which, as set forth elsewhere herein or in the Contract Documents, justifies the withholding of payment. In the event that any of the foregoing conditions exist, the Owner shall be entitled to withhold from any sum then due or thereafter to become due, including from retained sums, an amount sufficient in the sole judgment of the Owner to satisfy, discharge, and defend against such claims, losses, prospective losses, costs, attorney’s fees, and other expenses which may result from the existence of such conditions; the Owner shall release the balance payable under the affected Pay Request. The Owner may pay such claims out of such withheld funds after fifteen (15) days written notice to the Contractor; however, in no event shall the Owner be obligated to do so. 16.10 Disputed Pay Requests. In the event the Owner or the A/E disagrees with or questions all or any portion of any Pay Request, the amount due to the Contractor, or the sufficiency of the information and documentation submitted by the Contractor, the Owner or the A/E shall notify the Contractor in writing and the Owner may mark-up and initial the Pay Request and process for payment the undisputed parts of such Pay Request. If the Owner and the Contractor are able to agree on the amount due under the disputed part of any Pay Request, payment will be made to General Conditions GC 51 Project Name: Writers House the Contractor within the time provided by this Agreement or twenty (20) days after receipt of a new Pay Request representing the agreed amount, whichever is later. 16.11 Indemnity And Defense Of Liens. Without limitation of any of the Contractor’s other indemnity obligations, in the event of the filing of a lien by any of the Subcontractors or suppliers to the Project, the Contractor, at its sole expense, shall, within fourteen (14) working days of receipt of notice of such lien filing, cause the lien to be discharged of record thereof, and shall provide proof of such discharge to the A/E and to the Owner in writing. 16.12 Discretionary Items. 16.12.1 The Owner may, in the Owner’s sole discretion, provide payment for high value long-lead items, such as structural steel, precast concrete items and HVAC units (“Prepaid Items”), that are stored at off-site locations that are within the United States or on the Project site but which are not yet incorporated into the Work. In the event that the Contractor seeks prepayment of such items, the Contractor shall: (1) Provide proof of full payment by the Contractor to the supplier of such Prepaid Items; (2) Provide an invoice and notarized bill of sale that transfers all right, title, and interest in the Prepaid Items to the Owner. The Contractor agrees that the Owner’s acceptance of the bill of sale shall not be construed as acceptance of the Prepaid Items as to quality and compliance with the Contract Documents; (3) Provide a UCC-1 Financing Statement for the Prepaid Items; (4) (5) (6) (7) (8) General Conditions Obtain full insurance for the Prepaid Items for the total value thereof against the perils of fire, theft, extended coverage, vandalism and malicious mischief, and provide the Owner a certificate of insurance for an All Risk Floater Policy which (i) names “Rutgers, The State University of New Jersey” as an additional insured and a loss payee and (ii) identifies the location and value of the Prepaid Items; Have a tag affixed to the Prepaid Items, which states “Property of Rutgers, The State University of New Jersey” and identifies the name and location of the Project; Store the Prepaid Items segregated from other items that are not intended for the Project or are not Prepaid Items; Provide the Owner, from all necessary entities, including the Contractor and storage site owner and manager, (i) the right to access and inspect the Prepaid Items at the storage site and (ii) the right to have the Prepaid Items retrieved from the storage site and moved to a location of the Owner’s choosing; and Submit to the Owner a written certification by its Project Executive, or by a more senior employee or officer, which identifies that each of the above conditions is satisfied. The certification shall also include (i) a detailed list of the items to be stored, (ii) the value of the items, (iii) the name, address, and contact information for the storage facility, (iv) the location within such facility, (v) the reasons for storage off-site, (vi) the reason for purchasing the GC 52 Project Name: Writers House items at this time, and (vii) identify and attach dated photographs of the tagged and segregated Prepaid Item as stored in the storage facility. If the Owner approves the Contractor’s request for prepayment of such items, retainage for such Prepaid Items shall be 20%. 16.12.2 The Contractor acknowledges that it is fully responsible to the Owner for any loss, damage, or destruction of Prepaid Items. In the event that the whole or any part of the Prepaid Items are lost, damaged, or destroyed in advance of their satisfactory incorporation in the Work, the Contractor, at its own cost, shall immediately replace such lost, damaged, or destroyed Prepaid Items with items of the same character and quality. The Owner will thereafter reimburse the Contractor for the cost of the replaced materials only to the extent of the monies actually received by the Owner under the policies of insurance identified above in this Article. Until such time as the Prepaid Items are replaced, the Owner will deduct from the value of all Prepaid Items and from any other money due to the Contractor, the amount paid to the Contractor for such lost, damaged or destroyed Prepaid Items. 16.12.3 The Contractor acknowledges that payment for Prepaid Items made hereunder shall not be deemed to be an acceptance by the Owner of such materials as being in accordance with the Contract Documents, and the Contractor always retains and must comply with its duty to deliver to the Project site and properly incorporate in the Work only materials which comply with the Contract Documents. 16.12.4 Should any of the Prepaid Items paid for by the Owner hereunder be subsequently rejected or incorporated in the Work in a manner or by a method not in accordance with the Contract Documents, the Contractor shall promptly remove and replace such defective or improperly incorporated Prepaid Item with an item complying with the Contract Documents. Until such Prepaid Item is properly replaced by the Contractor, the Owner will deduct from any other money due to the Contractor, the amount paid by the Owner for such rejected or improperly incorporated Prepaid Item. ARTICLE 17 INSURANCE, INDEMNITY AND BONDS 17.1 Contractor’s Insurance. 17.1.1 The Contractor shall purchase and maintain, during the duration of the Project, such insurance as will protect it and the Owner from the types of claims which may arise out of or result from the Contractor’s operations under this Agreement, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts or omissions any of them may be liable. The inclusions, coverage and limits set forth herein are minimum inclusions, coverage, and limits. Nothing contained herein will be construed as limiting the type, quality, or quantity of insurance coverage that the General Conditions GC 53 Project Name: Writers House Contractor should or may maintain. The Contractor is responsible for determining appropriate inclusions, coverage, and limits which may be in excess of the minimum requirements set forth herein. 17.1.2 For the insurance required in this Article, a copy of the (i) certificate(s) of insurance and (ii) endorsements, acceptable to the Owner, shall be submitted to the Owner prior to commencement of the Work and a copy of the insurance policies shall promptly be made available to the Owner upon the Owner’s request. Where applicable, such documents shall identify the Owner, the Owner’s Representative, and the A/E as an additional insured. The Contractor’s insurance shall provide at least the following inclusions, coverage, and policy limits as is identified in this Article. 17.1.3 Workers Compensation Insurance. The Contractor shall obtain and maintain throughout the duration of the Project workers compensation insurance in accordance with Applicable Laws, including coverage for sole proprietorships and officers of corporations who will be involved in the Project, if any. 17.1.4 Employers Liability Insurance. The Contractor shall obtain and maintain throughout the duration of the Project employers liability insurance with policy limits of not less than the following: see the Project Conditions. 17.1.5 Business Automobile Liability Insurance. The Contractor shall obtain and maintain throughout the duration of the Project business automobile liability coverage using ISO CA 00 01 with coverage for “Any Auto” and with minimum limits of not less than the following: see the Project Conditions. The policy limits may be satisfied by a combination of primary and umbrella or excess liability policies; however, any umbrella or excess liability policies must provide at least the same scope of coverage as is provided by the business automobile liability insurance. If hazardous materials are being transported then the following minimum enhancements are required: Pollution Liability Broadened Pollution for Covered Autos endorsement using ISO form CA 99 48 (Pollution Liability - Broadened Coverage for Covered Autos) or its equivalent; and the Motor Carrier Act endorsement using ISO form MCS 90. 17.1.6 Commercial General Liability Insurance. The Contractor shall obtain and maintain throughout the duration of the Project commercial general liability insurance on an “occurrence” basis ISO CG 00 01 edition 12/04 or 12/07 or an equivalent form for the commercial general liability insurance with at least the following coverage/enhancements: (1) (2) (3) (4) General Conditions Coverage for Explosion, Collapse, and Underground property damage (X, C, U) and elevators; Coverage for Independent Contractors; Coverage for Discontinued Operations; Broad Form Contractual Liability for liability assumed under all contracts relative to the Project, and shall not have any additional restrictions or modifications to the definition of “Insured Contract” in GC 54 Project Name: Writers House (5) (6) (7) (8) (9) (10) ISO CG 00 01 edition 12/04 or 12/07, also, if any Work will be performed within 50 feet of a railroad, the contractual liability exclusion with respect to such Work shall be removed by adding the ISO endorsement CG 24 17, CG 24 27 or an equivalent endorsement; ISO Additional Insured endorsement CG 20 10 10 01 (Add. Insured Owners, Lessees, Contractors (B)) with ISO Additional Insured endorsement CG 20 37 10 01 (Add. Insured - Owners, Lessees, Contractors - Completed Operations) or endorsements that provide substantially equivalent coverages; ISO endorsement CG 04 35 (Employee Benefits Liability Coverage) or an endorsement that provides substantially equivalent coverage; Pollution Exclusion shall not have any additional restrictions or modifications to the standard ISO CG 00 01 editions 12/04 or 12/07; Severability of Interest. The inclusion of any person or entity as an additional insured shall not affect any right which such person or entity would have as a claimant if not so included; The Commercial General Liability insurance policy shall be endorsed to have the General Aggregate Limit and the Products - Completed Operations Aggregate Limit apply to the location of this Project; and Products - Completed Operations coverage shall be maintained for a minimum period of five (5) years after Substantial Completion of the Work, an additional certificate evidencing continuation of the first year of such coverage shall be submitted with the final Pay Request. Without limitation of the foregoing, the Contractor’s Commercial General Liability policy shall not include ISO endorsement 2294 or any other endorsement that serves to exclude coverage under products-completed operations for damage caused by the work of the insured’s Subcontractor. The policy limits may be satisfied by a combination of primary and umbrella or excess liability policies; however, any umbrella or excess liability policies must provide at least the same scope of coverage as is provided by the commercial general liability insurance. The policy or policies shall provide per occurrence and combined single limits of not less than the following: see the Project Conditions. 17.1.7 Umbrella Liability. The Contractor shall obtain and maintain throughout the duration of the Project insurance that shall be excess of commercial general liability, business automobile liability, and employers’ liability. Such insurance shall be written on an “occurrence” basis on a form acceptable to the Owner and provide a Per Project Aggregate. Such insurance shall include a drop down feature in the event any underlying limits are exhausted. Such insurance shall cover all operations of the Contractor and shall minimally provide the same coverages, additional insureds, and terms and conditions included in the primary policies with limits of not less than the following: see the Project Conditions. 17.1.8 Owner’s And Contractor’s Protective Policy. The Contractor shall obtain and maintain throughout the duration of the Project a separate prepaid owner’s and General Conditions GC 55 Project Name: Writers House contractor’s protective policy. The policy shall show as the named insured the Owner and shall be limited in its protection to their contingent liability for injuries or damages, which may arise from the Contractor’s operations. The policy shall be issued for a term of at least the period of construction plus one (1) year and a receipted invoice for its entire premium shall be delivered to the Owner with the other close out documentation. The owner’s and contractor’s protective policy is neither intended to, nor should it attempt to, insure the A/E’s liability for professional errors or omissions. The policy shall provide limits of not less than the following: see the Project Conditions. 17.1.9 Contractors Pollution Liability Insurance. The Contractor shall obtain and maintain throughout the duration of the Project separate prepaid contractor’s pollution liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor for the Project. Such insurance shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If such insurance is written on a claims-made basis, then continuous coverage or an extended discovery period will be exercised for a period of at least three (3) years after Final Completion and a receipted invoice for its entire first year’s premium shall be delivered to the Owner with the other close out documentation. The policy shall provide limits of not less than the following: see the Project Conditions. 17.1.10 Contractors Professional Liability. The Contractor shall obtain and maintain throughout the duration of the Project contractors professional liability insurance. If such insurance is written on a claims-made basis, then continuous coverage or an extended discovery period will be exercised for a period of at least three (3) years after Final Completion and a receipted invoice for its entire first year’s premium shall be delivered to the Owner with the other close out documentation. The policy shall provide limits of not less than the following: see the Project Conditions. 17.1.11 Property Insurance. The Contractor shall obtain and maintain throughout the duration of the Project property insurance with reasonably appropriate policy limits to protect against injury, destruction, and loss of use of the Contractor’s tools and equipment, including but not limited to construction trailers and their contents; temporary scaffolding, whether owned, leased, rented, borrowed or used at the Project site. The Contractor agrees that the Owner will not be responsible for any loss or damage to its tools and equipment. 17.1.12 Builders Risk Insurance. The Contractor shall obtain and maintain throughout the duration of the Project builders risk insurance coverage which shall: (1) Be under a completed value form providing All Risk Coverage on a replacement cost basis; (2) Provide coverage at least as broad as that provided by ISO Special Cause of Loss Form CP 10 30; (3) Include the Owner as an insured and as a loss payee; General Conditions GC 56 Project Name: Writers House (4) (5) (6) (7) (8) (9) Provide coverage for the cost of removing debris, including demolition as may be legally necessary by the operation of Applicable Laws; Contain an endorsement to provide coverage for collapse, including collapse caused by design error or omission; Contain an endorsement stating that “permission is granted to complete and occupy” or an endorsement that provides substantially equivalent coverage; Contain an endorsement as needed to provide business interruption coverage, covering business income and extra expense, with an agreed amount endorsement of: see the Project Conditions; If any off-site storage location listed with the insurer is used, the builders risk insurance shall cover, for full insurable value, all materials and equipment which have been delivered to and are stored at any such off-site storage location and which are intended for use with respect to the Project; and Contain an endorsement stating that the insurance company’s “rights of subrogation against the Owner, Owner’s Representative, Contractor, including its Subcontractors and suppliers of any tier, and the A/E and its subconsultants of any tier, have been waived even if their negligence causes a covered loss, and regardless of the extent of their insurable interest in the covered property” or an endorsement that provides substantially equivalent coverage. Upon the occurrence of any loss or damage prior to the acceptance of the improvements by the Owner, the Contractor shall at the Owner’s option, replace and redo the injured Work as provided in the Contract Documents with no additional compensation, except as is payable from the money received under the Builders Risk insurance policy. If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of a loss, give bond for proper performance of its duties. It shall deposit any money received from insurance in an account separate from all its other funds and shall distribute it in accordance with such agreement as the parties in interest may reach. The trustee shall have power to adjust and settle any loss with the insurers, unless the Contractor shall object in writing within five (5) business days of the occurrence of the loss. 17.1.13 General Conditions Each of the foregoing policies shall: (1) Be provided by an insurance company or companies that (i) are admitted to conduct business in the State of New Jersey, (ii) possess a current A.M. Best rating of at least A, or as otherwise approved by the Owner in writing, and (iii) are acceptable to the Owner; (2) Contain a requirement and endorsement, as applicable, that any cancellation or any material change adversely affecting the Owner’s interest shall not be effective (i) for such period as the laws of the State of New Jersey prescribe, or (ii) until 30 days (except 10 days for GC 57 Project Name: Writers House (3) (4) (5) non payment of premium) after the insurer or the Contractor gives written notice to the Owner and the Owner’s Representative, whichever period is longer. If any such notice is given, the Owner shall have the right to require that a substitute policy be obtained prior to such cancellation with appropriate evidence thereof at the discretion of the Owner; Provide primary coverage to the insurance and/or self-insurance maintained by the Owner and the Owner’s Representative and that any other insurance or self-insurance that is maintained by the Owner and the Owner’s Representative is excess and not contributing insurance with the insurance required herein; Without limitation of the Contractor’s indemnification obligations under this Agreement, the Contractor and any Subcontractors and their respective insurers do hereby waive any and all rights against each of the Owner and the Owner’s Representative for the recovery of damages to the extent that these damages are covered by the insurance policies required herein and/or maintained by the Contractor or any Subcontractor. The foregoing waiver, however, shall not be operative if prohibited by statute or Applicable Laws; and Except for the workers compensation insurance, each of the forgoing polices shall be endorsed to name the Owner and the Owner’s Representative as an additional insured. Such policies shall be endorsed to name any other parties the Owner may designate from time to time. 17.1.14 Any exclusions or conditions which deviate from standard insurance language or forms must be indicated on the Acord Certificate of Insurance. The Contractor’s Acord certificates will evidence all self-insured retention’s, deductibles, and or selfinsurance greater then $25,000 for any of the aforesaid coverages. The Contractor shall be responsible for the payment of premiums and any deductibles or self-insured retention in connection with the insurance coverages required herein, at no additional cost to the Owner or the Owner’s Representative. 17.1.15 If requested by the Owner in writing, the Contractor shall obtain additional insurance, including additional policies, increased limits or coverage. The cost of such additional insurance shall be charged to the Owner without markup. 17.1.16 The Contractor’s failure to provide any proofs of insurance and the Owner’s failure to request such documentation shall not to be construed as a waiver of the General Conditions GC 58 Project Name: Writers House requirements to provide such insurance. The Owner’s acceptance of submitted insurance documents does not constitute approval of coverage that is not in compliance with this Agreement. The Owner may withhold payments from the Contractor until properly executed Acord Certificates of Insurance, with copies of the required endorsements, are received by the Owner. The Owner may terminate this Agreement for cause for the Contractor’s failure to provide the required proofs of insurance. The Contractor expressly acknowledges that while the Owner retains the right to review the insurance provided by the Contractor, the Owner is not obligated to perform such review. In addition, the Owner’s exercise of such right is for the Owner’s benefit alone and shall confer no rights to the Contractor or to any third party. The Owner’s failure to object to any insurance policies provided to the Owner shall not be construed as acceptance or affirmation of the adequacy or applicability thereof. In addition, the Contractor’s compliance with the insurance requirements set forth herein will in no way relieve or limit the Contractor’s obligations or liability arising out of the Work performed under this Agreement or related activities (including liability under indemnification provisions or under any other provisions of the Contract Documents or Applicable Laws). The required minimum limits set forth herein will not be construed as a limitation of Owner and the Owner’s Representative’s rights under any policy with higher limits, and no policy maintained by the Contractor will be endorsed to include such a limitation. 17.1.17 The Contractor shall cooperate with the Owner and Owner’s Representative and their respective insurance carriers with respect to any and all claims arising as a result of the Contractor’s Work. The Contractor shall notify the Owner and Owner’s Representative in writing as soon as possible after it receives notice of any loss, damage, or injury. The Contractor shall take no action which might operate to bar the Owner and Owner’s Representative from obtaining any protection afforded by any of the Contractor’s insurance policies or which might prejudice the Owner and Owner’s Representative in their defense to a claim based on such loss, damage, or injury. 17.2 General Indemnification By Contractor. To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the Owner, the Owner’s Representative, if any, and the officers, directors, board members, shareholders, employees, principals, trustees, administrators, associates, partners, members, representatives, agents, servants, consultants, predecessors and successors of any of them (collectively, the “Owner Indemnitees”) from and against all liability, claims, loss, damages, costs, and expense, including attorneys’ and experts’ fees and expenses (collectively, “Claims”) arising out of or resulting from any and all acts or omissions, or any combination of the foregoing, of the Contractor or its officers, directors, board members, shareholders, employees, principals, trustees, administrators, associates, partners, members, representatives, agents, servants, consultants, predecessors, successors, insurers, sureties, Subcontractors, joint ventures, or any other person or entity for whom the Contractor is responsible, when such acts or omissions arise out of or result from the Project or the performance of the Work whether or not caused in part by the active or passive negligence or other fault of a party indemnified hereunder, provided, however, the Contractor’s duty hereunder shall not arise if the Claim(s) is solely caused by the negligence of a party indemnified hereunder. In the event that one or more of the Owner Indemnitees are alleged to be liable for General Conditions GC 59 Project Name: Writers House any of the foregoing, the Contractor shall defend the Owner Indemnitees against such allegations through counsel selected by the Owner and the Contractor shall bear all costs, fees, and expenses of such defense, including but not limited to, all attorneys’ and experts’ fees and expenses, court costs, and any resulting settlement, judgment, or award to the fullest extent permitted by law. This duty to indemnify, defend and hold harmless the Owner Indemnitees shall extend to, but not be limited to, Claims for (i) bodily injury (including death), sickness, disease, personal injury, shock, mental anguish, and mental injury; (ii) damage to or loss of property, including damage to the Work itself; and (iii) monetary loss. In addition, the Contractor’s obligations hereunder shall not be limited by (1) a limitation on the amount or type of damages, compensation or benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts or (2) by the existence, applicability or amount of any insurance coverage. Should the Contractor fail to undertake its obligations under this Section, the Owner may defend or settle such claims as it deems prudent, in the exercise of reasonable judgment, and the Contractor agrees to be bound by any such defense, settlement, judgment, or award that may result from such action by the Owner as otherwise provided hereunder. The obligations of this Section shall survive termination of this Agreement. 17.3 Surety Bonds. 17.3.1 Prior to the parties signing the contract, the Contractor shall post a performance and payment bond, in the form attached as an exhibit to the Agreement, underwritten by a surety acceptable to the Owner with a current A.M. Best’s Rating of A or better. The payment and performance bond shall be in the amount of one hundred percent (100%) of the Contract Sum. The bonds shall include (i) an up-to-date financial statement; (ii) evidence of the surety’s right to do business in the State of New Jersey; (iii) the business address, telephone, and facsimile numbers of the attorney-in-fact that signs the bonds; and (iv) the business address, telephone, and facsimile numbers of the surety’s agent. 17.3.2 If at any time after execution of this Agreement, the Owner shall deem any surety to be unsatisfactory, or if, for any reasons the bond shall cease to be adequate security for the Owner, the Contractor, within five (5) days after notice to do so, shall furnish a new or additional bond, in form and sum and signed by such sureties as shall be satisfactory to the Owner. General Conditions GC 60 Project Name: Writers House ARTICLE 18 WARRANTY AND CORRECTION OF WORK 18.1 The warranties contained in this Article are in addition to and separate from any other guarantees, warrantees, and other obligations contained elsewhere in the Contract Documents or provided during the Project, including but not limited to any manufacturers’ warranties and including but not limited to the Contractor’s warranty that the Work will (i) be of good quality, (ii) be free from defects and deficiencies, (iii) strictly conform to the Contract Documents, and (iv), unless otherwise specified, contain only new items. 18.2 One Year Warranty. For the period of one (1) year after Final Completion, the Contractor warrants to the Owner: (1) That the Work will not exhibit defacements such as cracking, dislodgement, spalling, delamination, and peeling of finished surfaces such as precast concrete, unit masonry, cast and natural stone, millwork, plaster, glass, and applied finishes; (2) That the Work will not exhibit damage from proper and usual use of the Work; (3) That the Work will not exhibit damage by exposure to foreseeable weather and damage by intrusion of foreseeable wind-borne water and surface drainage; and (4) That the equipment, machines and systems in the Work, shall operate in a satisfactory manner and in accordance with the specifications. 18.3 Correction Of Work. Upon the Owner’s written request, the Contractor shall promptly correct all Work that is rejected by the A/E or Owner as failing to (i) meet any of the warranties that are identified in the preceding Section, (ii) be of good quality, (iii) be free from defects and deficiencies, (iv) be in strict conformance with the Contract Documents, (v), unless otherwise specified, contain only new items, or (vi) meet any other warranty that is specified in the Contract Documents or provided in connection with the Project. The Contractor shall promptly correct such Work whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed, unless the Owner exercises its option to accept defective Work as identified below in this Article. The Contractor shall bear all costs of correcting such Work and damages to other property or improvements caused as a result of such Work, including, but not limited to, all reasonable cost related to the Work incurred by the Owner that was caused by the Work, the costs of uncovering, removal, disposal, replacement, correction, installation, additional testing and inspections, covering, cleaning, and compensation for the Owner’s direct related expenses, Owner’s Representative’s and A/E’s services and expenses made necessary thereby. Any corrective work to be done after the Owner’s occupation of the improvement that is the subject of the Project shall be done in such a manner and at such times as are best suited to coordinate with the Owner’s business operations. 18.4 Owner’s Option To Accept Defective Work. The Owner may, at its sole discretion, choose to accept defective, deficient or nonconforming Work. Such acceptance shall not be effective unless specifically stated in writing by the Owner. An amount sufficient to compensate General Conditions GC 61 Project Name: Writers House the Owner for the acceptance of defective, deficient, or nonconforming Work shall be deducted from amounts due from the Owner to the Contractor or shall be charged by the Owner to the Contractor. The Contractor shall pay such charged amount to the Owner within fourteen (14) calendar days of receipt of the Owner’s request. 18.5 The obligations of this Article shall survive termination of this Agreement. ARTICLE 19 SUSPENSION AND TERMINATION 19.1 Suspension For Convenience. The Owner may direct the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as the Owner may determine to be appropriate for the convenience of the Owner. In such event, the Contractor shall protect and shall cause the Subcontractors to protect the Work and materials against damage. 19.2 Termination For Convenience. 19.2.1 The Owner may terminate all or any portion of the Work to be performed by the Contractor for the Owner’s convenience and without cause upon giving the Contractor fourteen (14) days written notice of such termination. Within seven (7) days of the effective date of termination, the Contractor shall deliver to the Owner all finished or unfinished documents, including electronic files, data, studies, surveys, drawings, specifications, maps, models, photographs, reports, estimates, schedules, and other documents and data prepared pursuant to the Contract Documents. 19.2.2 If any Excusable Delay continues for a period in excess of one hundred and twenty (120) consecutive days, either party shall have the right to terminate this Agreement for convenience upon fourteen (14) days written notice to the other party. 19.2.3 The Contractor shall neither make nor assert a claim for damage against the Owner by reason of the Owner’s termination for convenience and agrees that the sole remedy in the event of such termination for convenience is limited to payment of the Contract Sum earned to the date of termination (including payment for the period of the fourteen (14) day notice) as determined by the Schedule of Values, plus any withheld retainage. Without limitation of the foregoing, the Contractor shall not be entitled to payment for any lost profits due to the Owner’s termination of this Agreement. In the event that the Owner terminates only part of the Work, the Contract Sum, and Contract Time shall be equitably adjusted to the parties’ reasonable mutual satisfaction and documented in a Change Order. Prior to payment, the Contractor shall furnish the Owner with a release of all claims against the Owner. General Conditions GC 62 Project Name: Writers House 19.3 Termination For Cause. 19.3.1 If the Contractor: (1) Fails to perform its Work in a professional and timely manner; (2) Fails to supply enough properly skilled personnel, materials, or equipment to perform the Work herein; (3) Fails to comply with Applicable Laws; (4) Submits an unbalanced Schedule of Values; (5) Fails to make payment to one or more Subcontractors; (6) Submits a proposed Change Order or supporting documentation thereof that contains unbalanced or falsified documents or information or identifies costs in excess of the actual costs; (7) Fails to provide the required proofs of insurance; (8) Makes a general assignment for the benefit of its creditors, files a bankruptcy petition, or a receiver or a trustee is appointed on account of the Contractor’s insolvency, or if the Contractor is otherwise insolvent, or the Contractor is otherwise unable to perform or provide adequate financial assurance of its ability to perform due to its financial condition; or (9) Is otherwise guilty of a material breach of this Agreement, then the Owner, upon seven (7) days written notice to the Contractor, and without prejudice to any other right or remedy, may terminate this Agreement or, at the Owner’s sole discretion, a portion thereof. 19.3.2 In the event that the Owner terminates this Agreement for cause, the Contractor shall not be entitled to receive further payment for the Project until the entire Project is finished. If the unpaid balance of the Contract Sum exceeds the cost required to complete the Project (including compensation for additional architectural, engineering, managerial, administrative, consulting, legal, and inspection services) such excess shall be paid to the Contractor. If the cost of completing the Project exceeds the unpaid balance of the Contract Sum, the Contractor shall pay the Owner the amount of such excess. As soon as the remaining balance of the Contract Sum is exhausted, the Owner may submit invoices to the Contractor for the amount of the excess costs incurred by the Owner to complete the Project and the Contractor shall pay such amounts within twenty (20) days of the receipt of the invoice. Late payments of such invoices shall bear interest at the prime rate identified in the Wall Street Journal plus one percent. 19.3.3 In the event that the Owner terminates this Agreement for cause, upon seven (7) days from the effective date of termination, the Contractor, without additional payment, shall provide to the Owner all finished or unfinished documents for the Project, including electronic files, data, studies, surveys, drawings, specifications, maps, models, photographs, reports, estimates, schedules, and other documents and data. 19.3.4 In the event that the Owner terminates this Agreement for cause, the Contractor, upon written request from the Owner, shall assign any requested Subcontracts to the Owner or the entity identified by the Owner. General Conditions GC 63 Project Name: Writers House ARTICLE 20 STATUTORY REQUIREMENTS 20.1 Without limitation of the Contractor’s responsibility to comply with Applicable Laws, the Contractor acknowledges its obligation to comply with, and agrees to perform the Work in accordance with, the statutory requirements identified in this Article. 20.2 New Jersey Prevailing Wage Act. The Contractor shall comply with the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25, et seq. Pursuant to N.J.S.A. 34:11-56.27, all persons performing Work shall be paid not less than the applicable prevailing wage rate for such Work. The Owner will include a copy of the Prevailing Wage Rate determination as part of this Agreement. A copy of the Prevailing Wage Rate determination will be available upon request for inspection prior to the bid opening date. While the listed prevailing wage rates are the minimum rates required to be paid, the Contractor acknowledges that labor may not be obtained at these rates and that it is the Contractor’s responsibility to inform itself as to applicable labor conditions. Pursuant to N.J.S.A. 34:1156.27, in the event it is found that any laborer, employed by the Contractor, including by any Subcontractor, has been paid a rate of wages less than the prevailing wage required to be paid, the Contractor shall, within seven (7) days, cure such condition; additionally the Owner may terminate the Contract, or, at the Owner’s discretion, such part of the Work as to which there has been a failure to pay the required wages. The Contractor and its sureties shall be liable for any excess costs occasioned thereby to the Owner. 20.3 New Jersey Uniform Construction Code. The Contractor shall perform the Work in accordance with the New Jersey Uniform Construction Code, including the following: (1) International Building Code, as amended by the New Jersey Uniform Construction Code; (2) The National Standard Plumbing Code; (3) The National Electrical Code; (4) American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) 90.1; (5) Fire Protection Sub-code (portions of the International Building Code and National Electrical Code as indicated in the New Jersey Uniform Construction Code); (6) The International Mechanical Code; (7) International Fuel Gas Code; (8) New Jersey Barrier Free Sub-code and ANSI A117.1; (9) Uniform Fire Code of New Jersey; and (10) Soil Erosion & Sediment Control Plan approved by the applicable Soil Conservation District. General Conditions GC 64 Project Name: Writers House 20.4 The Contractor shall also perform the Work in accordance with the applicable provisions of the following: (1) The National Fire Codes, as published by the National Fire Protection Association; (2) The New Jersey Department of Environmental Protection Clean Water Act program titled: New Jersey Pollution Discharge Elimination System (NJPDES); (3) The regulations of the United Stated Environmental Protection Agency; (4) The regulations of the New Jersey Department of Environmental Protection; and (5) The regulations of the American with Disabilities Act. 20.5 Equal Opportunity And Affirmative Action Program. It has long been the policy of the Owner to promote equal employment opportunity by prohibiting discrimination in employment and requiring Affirmative Action in the performance of construction contracts. 20.5.1 During the performance of this Agreement, the Contractor agrees to comply with the requirements of the Mandatory Equal Employment Language For Construction Contracts, attached as an exhibit to this Agreement. The term “contractor” as used in such exhibit shall be deemed to refer to the Contractor. If however, the Contractor or a Subcontractor (i) is performing under an existing federally approved or sanctioned affirmative action program, or (ii) has four or fewer employees, then such entity shall only be required to comply with the first three paragraphs in the Mandatory Equal Employment Language For Construction Contracts that follow the phrase “During performance of this Agreement, the Contractor agrees as follows:”. 20.6 Law Against Discrimination. The Contractor agrees to comply with the applicable requirements of the Law Against Discrimination, N.J.S.A. 10:5-31 et seq. 20.7 Public Works Contractor Registration. The Contractor agrees to maintain its Public Works Contractor Registration during the term of this Agreement. The Contractor shall not use as Subcontractors any entity that is barred from engaging in or bidding on Public Works Contracts in New Jersey. The Contractor acknowledges that Subcontractors under this Agreement must be acceptable to the Owner. 20.8 New Jersey Sales And Use Taxes Exemption. The Contractor acknowledges that the Owner is exempt from New Jersey sales and use taxes pursuant to N.J.S.A. 54:32B-9. The Contractor, however, shall pay all other applicable taxes in connection with the Work. General Conditions GC 65 Project Name: Writers House ARTICLE 21 MISCELLANEOUS PROVISIONS 21.1 Assignment Prohibited. This Agreement contemplates personal services, and the Contractor shall not assign or transfer the whole, or any part of this Agreement, or any monies due or to become due hereunder, without the prior written consent of the Owner. 21.2 Confidentiality. 21.2.1 No publicity beyond that required in this Agreement pertaining to the Project or the Owner’s name shall be made by or on behalf of the Contractor, including any of the Subcontractors, without the prior written consent of the Owner. Requests shall be submitted in writing to: University Architect, 82 Street 1603, Piscataway, New Jersey 08854. 21.2.2 Subsequent to the parties entering this Agreement, the Contractor shall not disclose to any third person the contents of the information, reports, findings, analyses, surveys, data, and any other materials generated or produced in the performance of this Agreement, or provide copies of same, without the prior written consent of the Owner. Notwithstanding the foregoing, information shall not be considered confidential if it is known or open to the public or otherwise in the public domain at the time of disclosure or is obtained by the Contractor from a third party who has a lawful right to disclose such information. The obligations of these paragraphs regarding publicity and confidentiality shall survive termination of this Agreement. 21.3 Ownership Of Documents. Upon entering into this Agreement, the Contractor assigns to the Owner all rights, title, and interest in any documents required by this Agreement or prepared for the Project, including any drafts thereof and any documents in electronic form. 21.4 Electronic Files From Owner. The Owner may, at it sole discretion, provide the Contractor with electronic files of design documents for the Contractor’s use for the Project. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER TO THE CONTRACTOR OR ANY THIRD-PARTY CONCERNING SUCH FILES AND THE DATA CONTAINED THEREIN. WITHOUT LIMITATION OF THE FOREGOING, THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR VERIFICATION OF ALL CONTENT, INCLUDING DIMENSIONS, AND CHECKING FOR ERRORS CAUSED AS A RESULT OF SOFTWARE TRANSLATION OR COMPATIBILITY ERRORS. 21.5 Availability Of Project-Related Records To Owner or State of New Jersey. All documents relating directly or indirectly to the Project and all documents which are otherwise required by this Agreement to be created and maintained which are in the possession or control of the Contractor shall be made available to the Owner or its designee for copying upon request of the Owner. As required by N.J.A.C. 17:44-2.2, the Contractor shall maintain all such documentation related to products, transactions or services under this Agreement for a period of General Conditions GC 66 Project Name: Writers House five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller or to the Owner upon request. Such documentation and records shall, by way of example, include all cost accounting records, which should be created and maintained in accordance with generally accepted, established procedures and with respect to all portions of the Project where payment was made on a time and materials, unit cost, reimbursable, or similar basis requiring the keeping of records and computation therefrom. The obligations of this paragraph shall survive termination of this Agreement. 21.6 No Third-Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with, or any rights in favor of, any third-party against the Owner or the Contractor, including but not limited to the A/E, the Owner’s Representative, if any, and any Subcontractor. 21.8 Binding Effect. This Agreement shall be binding upon the heirs, representatives, and successors of the Contractor. 21.9 Non-Waiver. The failure of either party in any one or more instances to exercise any right or remedy hereunder or to insist upon strict compliance with any obligation under this Agreement will not be construed as a waiver, estoppel, or relinquishment, to any extent, of the right to exercise such right or remedy or require strict compliance therewith at any other time or on any other occasion. 21.10 Final Release. Upon Final Completion of the Work and contingent upon the Contractor’s receipt of full payment from the Owner, the Contractor shall provide to the Owner a signed Final Lien Waiver And Indemnity Agreement and shall provide signed Lien Waivers from all Subcontractors that provided that provided work or materials for the project, collectively constituting a Final Release, releasing the Owner, the A/E, and the Owner’s Representative, if any, the OCIP Administrator, if any, and their respective directors, agents, and servants, from all claims, suits, and liability of every kind, character, and description growing out of this Agreement, the Project, and the performance of the Work. 21.11 Headings And Titles. The headings in this Agreement are for reference purposes only, and shall not in any way affect the meaning of this Agreement. 21.12 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey without regard to the choice of law principles thereof. 21.13 Forum Selection. Each of the parties hereto irrevocably submits to the exclusive jurisdiction of the courts of the State of New Jersey for the purpose of any suit, action, proceeding, or judgment relating to or arising out of this Agreement and the transactions contemplated hereby, and that any such lawsuit shall be venued in Middlesex County. Each party irrevocably waives any claim that any such suit, action, proceeding, or judgment brought in any such court has been brought in an inconvenient forum. General Conditions GC 67 Project Name: Writers House 21.14 Service of Process. Service of process in connection with any suit, action, proceeding, or judgment may be served (i) on Owner by personal delivery to the Secretary of the University whose office is located in Winants Hall, 7 College Avenue, New Brunswick, NJ 08901, and (ii) on Contractor as required by the “Rules Governing the Courts of the State of New Jersey.” 21.15 Obligation to Continue Performance. Unless mutually agreed in writing otherwise, the Contractor shall continue to perform the Work notwithstanding the existence of a dispute, including disputes that have been submitted to litigation and disputes that have not been submitted to litigation. 21.16 General Project Correspondence. General project correspondence for the Owner shall be mailed or delivered to the address identified below. A facsimile number, e-mail address, and the name and title of the recipient within the Department of University Facilities shall be provided upon request at the initial Pre-Construction Meeting. Department of University Facilities Rutgers, The State University of New Jersey 82 Street 1603 – Livingston Campus Piscataway, New Jersey 08854-8037 21.17 Notices. All legal notices shall be in writing and shall be delivered personally, by facsimile, or sent by certified, registered or express mail, postage prepaid, and shall be deemed given when so delivered to the following addresses, or to such other addresses as shall be furnished in writing to the other party hereto: TO OWNER: Antonio M. Calcado Vice President University Facilities Facilities Complex at Livingston Campus Rutgers, The State University of New Jersey 77 Street 1603 Piscataway, New Jersey 08854-8037 Facsimile: 732-445-3944 copy to: General Conditions GC 68 Office of General Counsel Rutgers, The State University of New Jersey Winants Hall 7 College Avenue New Brunswick, New Jersey 08901-1258 Facsimile: 732-932-8473 Project Name: Writers House TO CONTRACTOR: The Contractor’s contact information is identified in the Bid Form. 21.18 Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to Applicable Laws and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any section containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby. 21.19 Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. 21.20 Construction Of Agreement. The parties agree that this Agreement shall not be construed more severely against one of the parties than another and any rule of construction of contracts resolving any ambiguities against the drafting party shall be inapplicable to this Agreement. Further, each party hereto acknowledges reading this Agreement in its entirety, understanding its terms and effects, and signing at its own volition. Each of the terms of this Agreement are contractual, not a mere recital, and are the result of negotiations among the parties. 21.21 Entire Agreement/Amendments In Writing. This Agreement represents the entire understanding between the parties to this Agreement and supersedes all prior negotiations, representations, or communications, whether oral or written, with respect to the subject matter hereof. 21.22 Amendments. The terms, conditions, and provisions of this Agreement cannot be amended except in writing signed by an authorized representative of the Contractor and by one or more of individuals that signed this Agreement on behalf of the Owner. END OF GENERAL CONDITIONS General Conditions GC 69 Project Name: Writers House
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