DIRECTOR OF FACILITIES TEL (973) TEL (973) FAX (973) FAX (973) PAGER (973)

Transcription

1 ESSEX COUNTY COLLEGE PROJECT MANUAL PART I FOR BID # 7809 ESSEX COUNTY COLLEGE WEST ESSEX CAMPUS ADDITION AND RENOVATIONS AT 303 UNIVERSITY AVENUE NEWARK, NJ MARYLYN RUTHERFORD JEFF SHAPIRO DIRECTOR OF PURCHASING DIRECTOR OF FACILITIES TEL (973) TEL (973) FAX (973) FAX (973) PAGER (973) RSC ARCHITECTS 3 UNIVERSITY PLAZA DRIVE, SUITE 600 HACKENSACK, NJ TEL (201) FAX (201)

2 TABLE OF CONTENTS SECTION I GENERAL PROVISIONS PAGES LEGAL NOTICE TO BIDDERS 2 SUPPLEMENTARY CONDITIONS 3-6 NOTICE TO BIDDERS 7-12 INSTRUCTIONS TO BIDDERS (SECTION I) GENERAL CONDITIONS (SECTION II) PREREQUISITE FORMS AND PAGES REQUIRED WITH THIS BID RESPONSE (SECTION III) 37 NON-COLLUSION STATEMENT 38 STOCKHOLDER OR PARTNERSHIP DISCLOSURE REQUIREMENT 39 MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE AFFIRMATIVE ACTION RESPONSE FORM 46 PROJECT MANNING REPORT EXHIBIT 47 NEW JERSEY PREVAILING WAGE ACT 48 QUALIFICATION FORM NJ PREVAILING WAGE 49 EMPLOYEE OR RELATIVE DISCLOSURE REQUIREMENT 50 PAYMENT BOND SURETY DISCLOSURE CERTIFICATION CONSENT OF SURETY 55 SUBCONTRACTORS CERTIFICATION 56 OUTREACH POLICY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN 66 CONTRACTOR'S PROPOSAL (SECTION IV) EXHIBITS AGREEMENT NOTICE OF INTENT TO AWARD 76 ACCEPTANCE OF NOTICE 77 NOTICE TO PROCEED 78 BIDDERS DOCUMENT CHECKLIST 79 DIVISION 0 - I of 79

3 LEGAL NOTICE TO BIDDERS The Board of Trustees of Essex County College County of Essex, NJ Bid No 7809 PUBLIC NOTICE is hereby given for the purpose of submitting sealed bids for the following: All sealed bid proposals for construction of Essex County Collegee- West Essex Campus Addition and Renovations will be received by the Essex County College Purchasing Department until 3:00 pm on March 31, 2015 in the Office of the Director of Purchasing, Room 6108, 303 University Avenue, Newark, New Jersey, and at the said place be publicly opened and read aloud at the time and place set forth herein. A MANDATORY Pre-Bid Conference is scheduled for March 17, 2015 at 11:00 am in the Multipurpose Room, located at the West Essex Campus, 730 Bloomfield Avenue, West Caldwell, New Jersey. Last date for all questions shall be March 24,2015. The Contract Documents may be examined at the Office of Purchasing and copies thereof obtained for a fee of $ per set NON-REFUNDABLE. The College reserves the right to accept or reject any and all bids for the whole, or any part of the materials or services, and to waive any informalities as they may be in the best interest of the College. Bidders are required to comply with the requirement of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 and N.J.S.A. 19:44A-20.4 and agree to adopt same prior to the execution of any contract. The following are PREREQUISITES THAT MUST BE RETURNED NOTARIZED WITH SEAL AND SIGNATURE with your bid response. Failure to provide all of the following will disqualify any Bidder: 1. Prequalification form - State of New Jersey, Department of the Treasury, Division of Building and Construction. Documents to be completed and submitted with your bid response. 2. State of New Jersey, Division of Building and Construction, DPMC 701 form (Total amount of incomplete contracts). Documents to be completed and submitted with your bid response. 3. The Public Works Contractor Certification - State on New Jersey Department of Labor, Divisions of Wage and Hour Compliance (P. L Chapter 238) 4. Non-Collusion Affidavit 5. Stockholder Disclosure Requirement 6. Affirmative Action Response Form 7. New Jersey Prevailing Wage Act Qualification Form 8. Employee or Relative Disclosure Requirement Form 9. Surety's Consent and 10% Bid Security 10. Outreach Policy 11. Business Registration Certificate (BRC) 12. Disclosure of Investment Activities in Iran 13. Contractor Certification of Qualifications and Credentials Affidavit * Certification for all PRIME SUBCONTRACTORS required to be named under P.L. 2000, C.72 (N.J.S.A.18A:7G-1 ET AL), where applicable (DPMC, DPMC 701, NJ Prevailing Wage Act Form, Public Works Contract Registration Certificate, Business Registration Certificate) NOTE: Debarment and Suspension (Federal Executive Orders #12549 and #12689) Dated: 2/24/15 Marylyn Rutherford Director of Purchasing DIVISION 0-2 of 79

4 SUPPLEMENTARY CONDITIONS LIQUIDATED DAMAGES Liquidated damages shall be computed in accordance with the following: If the contractor fails to meet any of Milestones as set fofth due to any Event of Default, the contractor shall be liable to and shall pay the owner Liquidated Damages in the following amounts, each of which shall be payable in the amounts indicated per calendar day of delay in the achievement of same: Milestone Completion Liquidated Damages Phase 1 - Existing Building Renovations - August 15, 2015 Substantial Completion $ / Day Phase 2 - Building Addition and Sitework - May 15, 2016 Substantial Completion $ / Day THE PUBLIC WORKS CONTRACTOR REGISTRATION A Contractor prior to submitting a bid must have completed and forward the registration application to the State. The State of New Jersey Department of Labor has 30 days to process an application. During that period, a copy of the contractor application is considered to be sufficient to establish eligibility to bid; check and applications must be submitted to the Department of Labor. SURETY DISCLOSURE STATEMENT AND CERTIFICATION Essex County College will not accept more than one payment and performance bond to cover a single construction contract. The College will not accept a payment or performance bond unless there is attached thereto a Surety Disclosure Statement and Certification to which each surety executing the bond shall have subscribed. This statement and certifications shall be complete in all respects and duly acknowledged according to law. BUSINESS REGISTRATION CERTIFICATE Effective September 1, 2004, C57 Laws of 2004 (S.778 signed 6/29/04) makes it mandatory for the college to request and keep on file a copy of the Business Registration Certificate issued by the New Jersey Department of the Treasury, which shall be provided at the time any bid is submitted for contractors and subcontractors; failure to do so is a fatal defect that cannot be cured. DIVISION 0-3 of 79

5 CERTIFICATE OF EQUAL OPPORTUNITY This certification is required pursuant to executive order 11246, Par II, 203(B), (30 C.F.R ). Each Bidder is required to state in its Bid whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable filing requirements. PREREQUISITES REQUIREMENTS Prerequisites item numbers 1, Contractors (subcontractors). 2, 3, and 11 apply to both General Contractors and Trade DIVISION 0-4 of 79

6 CERTIFICATE OF EOUAL OPPORTUNITY Name of Bidder Project No. INSTRUCTIONS This certification is required pursuant to executive order 11246, Par H, 203(B), (30 C.F.R ). Each Bidder is required to state in its Bid whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable filing requirements. Contractor's Name: CONTRACTOR'S CERTIFICATE Address: 1. Bidder has participated in previous contract or subcontract subject to the equal opportunity clause. Yes No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No If Yes, state what reports were filed and with what agency. 3. Bidder has filed all compliance reports due under applicable instructions. Yes No 4. If answer to Item 3 is "No", please explain in detail on reverse side of this certification. Certification: The information above is true and complete to the best of my knowledge and belief. A willfully false statement is punishable by law. (U.S. Code, Title 17, Section 1001). (Name and Title of Signer - Please Type) (Signature) Date: DIVISION 0-5 of 79

7 PERFORMANCE RECORD CERTIFICATION Explanation of details in connection with non-completion of contracts, time extensions, penalties imposed, labor troubles experience, liens, termination of contracts, poor performance, debarment, claims and notices filed against contracts. The information above is true and complete to the best of my knowledge and belief. (Name of Organization) (Signature) (Title) STATE OF ) COUNTY OF ) ss. being duly sworn to law, deposes and says that it is authorized to make this affidavit for, and on behalf of, the individual, partnership or corporation herein first named as the Bidder, that deponent is familiar with the books of the said Bidder and that the foregoing statement is a true and accurate statement taken from the books of said Bidder of such financial condition as of the date herein first named; that the answers to the foregoing interrogatories are true and correct. Subscribed and sworn to before me This _ day of _, 20-. (Signature) (Seal) Notary Public of New Jersey Specify Other State My Commission Expires, 20-. DIVISION 0-6 of 79

8 Essex County College will be receiving bids on: ESSEX COUNTY COLLEGE 303 UNIVERSITY AVENUE NEWARK, NEW JERSEY TELEPHONE (973) FAX (973) NOTICE TO BIDDERS BID NUMBER: Essex County College West Essex Campus Addition and Renovations ADVERTISED DATE: February 24-26, 2015 SCHEDULED OPENING: March 31, 2015 at 3:00 PM + There is a MANDATORY Pre-Bid Conference scheduled for Tuesday, March 17, 2015 at 11:00 am in the Multipurpose Room, located at the West Essex Campus, 730 Bloomfield Avenue, West Caldwell, New Jersey. Last date for all questions shall be March 24, Failure to attend will disqualify a bidder. INSTRUCTION It is imperative that the bid be submitted in a sealed envelope before the scheduled date of the bid opening. The Contract Documents may be examined at the Office of Purchasing and copies thereof obtained for a fee of $ per set NON-REFUNDABLE. Bids delivered in person must be brought to Room 6108 of the Mega structure building prior to the bid opening and registered. Bids received after the indicated opening time will be rejected and returned. The College will not be responsible for late postal delivery service nor will postmark dates be considered in honoring bids. Federal Express and/or other equivalent forms of courier service including overnight mail service must be received in Purchasing, Room 6108 prior to the bid opening time. Otherwise, it will be rejected. The following are PREREQUISITES THAT MUST BE RETURNED NOTARIZED WITH SEAL AND SIGNATURE with your bid response. Failure to provide all of the following will disqualify any Bidder: 1. Prequalification form - State of New Jersey, Department of the Treasury, Division of Building and Construction. Documents to be completed and submitted with your bid response. 2. State of New Jersey, Division of Building and Construction, DPMC 701 form (Total amount of incomplete contracts). Documents to be completed and submitted with your bid response. 3. The Public Works Contractor Certification - State of New Jersey Department of Labor, Divisions of Wage and Hour compliance (P.L CHAPTER 238) 4. Non-Collusion Affidavit 5. Stockholder Disclosure Requirement Form 6. Affirmative Action Response Form 7. New Jersey Prevailing Wage Act Qualification Form 8. Employee or Relative Disclosure Requirement Form 9. Surety's Consent and 10% Bid Security 10. Outreach Policy 11. Business Registration Certificate (BRC) 12. Disclosure of Investment Activities in Iran 13. Contractor Certification of Qualifications and Credentials Affidavit * Certification for all PRIME SUBCONTRACTORS required to be named under P.L. 2000, C.72 (N.J.S.A.18A:7G-1 ET AL), where applicable (DPMC, DPMC 701, NJ Prevailing Wage Act Form, Public Works Contract Registration Certificate, Business Registration Certificate) NOTE: Debarment and Suspension (Federal Executive Orders #12549 and #12689) DIVISION 0-7 of 79

9 (A certificate from a surety company will be required to be submitted with the bid stating that it will provide the performance payment and general maintenance bond(s) required by the bid documents if the bidder is awarded the total bid or any part thereof. THE SURETY COMPANY MUST INDICATE IN ITS CERTIFICATE THAT IT IS LICENSED TO TRANSACT BUSINESS IN THE STATE OF NEW JERSEY AND SHALL SO CERTIFY IN THE CERTIFICATE.) DEBARMENT AND SUSPENSION (Federal Executive Orders #12549 and #12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.'s and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O Contractors with awards that exceed the simplified acquisition threshold shall provide the required certification regarding its exclusion status and that of its principal employees. Therefore, any contractor exceeding the minimum threshold must certify that they are not excluded from doing business with the government. Information on this can be found at 1. DIVISION 0-8 of 79

10 Small Business Enterprise Outreach Policy Policy Statement It is the policy of Essex County College to promote equal business opportunity in connection with the College's contracting process by encouraging full and equitable participation by Small Business Enterprises (SBE's) in the provision of goods and services to the College on a contractual basis. Small Business Enterprises (SBEs) Any business that employs less than 10 people will be deemed a SBE. Required Outreach Efforts Each contractor is expected to engage in aggressive outreach effort to small subcontractors. These efforts should include but not be limited to: 1. Contacting the NJ Commerce and Economic Growth Commission, Office of Business Services, for a list of certified SBE's. 2. Mail/Fax a bid solicitation letter including information on subcontracting opportunities to at least five (5) SBE subcontractors in each trade to be subcontracted at least two weeks prior to the bid submission deadline. 3. Complete Schedule B attachment verifying outreach efforts (see page 58-59). Each contractor must provide documentation to support that these minimum outreach efforts have been made. Failure to engage in the minimum outreach efforts outlined above may disqualify a prospective bidder from award consideration. Listing of Certified SBE's Prospective contractors can obtain a list of certified SBE's from: NJ Commerce and Economic Growth Commission Attn: Muriel Mitchell-Lawrence Office of Business Services 20 West State Street PO Box 820 Trenton, NJ (609) murielmitchell.lawrence@commerce.state.nj.us DIVISION 0-9 of 79

11 Minority Business Enterprise Outreach Policy Policy Statement It is the policy of Essex County College to promote equal business opportunity in connection with the College's contracting process by encouraging full and equitable participation by Minority Business Enterprises (MBE's) in the provision of goods and services to the College on a contractual basis. Minority Business Enterprises (MBEs) Any business whose management and daily business operations are controlled by one or more minorities who own it, and which is at least 51% owned by one or more minorities will be deemed an MBE. Required Outreach Efforts Each contractor is expected to engage in aggressive outreach effort to minority subcontractors. These efforts should include but not be limited to: 4. Contacting the NJ Commerce and Economic Growth Commission, Division of Minority and Women Business Development, for a list of certified MBE's. 5. Mail/Fax a bid solicitation letter including information on subcontracting opportunities to at least five (5) MBE subcontractors in each trade to be subcontracted at least two weeks prior to the bid submission deadline. 6. Complete Schedule B attachment verifying outreach efforts (see page 61-62). Each contractor must provide documentation to support that these minimum outreach efforts have been made. Failure to engage in the minimum outreach efforts outlined above may disqualify a prospective bidder from award consideration. Listing of Certified MBE's Prospective contractors can obtain a list of certified MBE's from: NJ Commerce and Economic Growth Commission Division of Minority and Women Business Development 20 West State Street PO Box 820 Trenton, NJ (609) DIVISION 0-10 of 79

12 Women Business Enterprise Outreach Policy Policy Statement It is the policy of Essex County College to promote equal business opportunity in connection with the College's contracting process by encouraging full and equitable participation by Women Business Enterprises (WBE's) in the provision of goods and services to the College on a contractual basis. Women Business Enterprises (WBEs) Any business whose management and daily business operations are controlled by one or more women who own it, and which is at least 51% owned by one or more women will be deemed an WBE. Required Outreach Efforts Each contractor is expected to engage in aggressive outreach effort to women subcontractors. These efforts should include but not be limited to: 7. Contacting the NJ Commerce and Economic Growth Commission, Division of Minority and Women Business Development, for a list of certified WBE's. 8. Mail/Fax a bid solicitation letter including information on subcontracting opportunities to at least five (5) WBE subcontractors in each trade to be subcontracted at least two weeks prior to the bid submission deadline. 9. Complete Schedule B attachment verifying outreach efforts (see page 64-65). Each contractor must provide documentation to support that these minimum outreach efforts have been made. Failure to engage in the minimum outreach efforts outlined above may disqualify a prospective bidder from award consideration. Listing of Certified WBE's Prospective contractors can obtain a list of certified WBE's from: NJ Commerce and Economic Growth Commission Division of Minority and Women Business Development 20 West State Street PO Box 820 Trenton, NJ (609) DIVISION 0-11 of 79

13 Bid Security Each bidder must deposit with his/her bid security in an amount of not less than ten percent (10%) of the Bid including All Alternates on the form and subject to the conditions provided in the Instruction to Bidders. No bidder may withdraw his/her bid for a period of sixty (60) days after the actual date of the opening thereof. The Successful bidder will be required to furnish a Performance and Payment Bond(s) in the full amount of the contract price indemnifying the Owner from any and all proceedings, suits or actions of any kind, (including, attorneys' fees and costs) name or description and conditioned upon the faithful performance of the work and as security for the payment of all persons performing labor and furnishing materials in connection with the contract including a General Maintenance Bond Guaranteeing all work for a period of one year from completion. A corporation of the State of New Jersey, submitting a bid in response to the Advertisement, shall accompany such bid with a resolution authorizing its proper officers to execute a contract in the event its bid is accepted and a list of all stockholders holding in excess of 10% of the corporate stock. All bidders are hereby notified that compliance with the New Jersey Prevailing Wage Act (Chapter 150, Laws of 1963) and pursuant to N.J.A.C. 12: effective March 1, 1992 with the rules and regulations of any public agency and/or department, applicable to projects in which said department participates, will be required in the performance of any contract awarded. The Successful Bidder must provide "certified copies" of all applicable "payroll records" to the College for each payroll period during the term of this award. These records will be made available for inspection to all interested parties. During the performance of this contract, the Contractor agrees to comply with P.L 1975, c. 127, "Law Against Discrimination" and current regulations promulgated there under. Essex County College reserves the right to select any combination of bids or award the contract in part or whole and to waive any informality in or reject any and all bids if deemed in the best interest of Essex County College. It is imperative that the bid be submitted before the scheduled date of the bid opening. Bids delivered in person must be brought to Room 6108 of the Mega structure building prior to the bid opening and registered. Bids received after the indicated opening time will be rejected and returned. The College will not be responsible for either late postal delivery service nor will postmark dates be considered in honoring bids. Federal Express and/or other equivalent forms of courier service including overnight mail service must be received in Purchasing, Room 6108 prior to the bid opening time. Otherwise, it will be rejected. NOTE: Pursuant to the New Jersey County College Contracts Law N.J.S.A. 18A: 64A-25.1 et seq., any legal challenges to the bidding process, the award or non-award of a contract, or the rejection of any bids, must be pursued before the Board of Trustees within (10) calendar days of the decision to award or not to award a contract. Proceedings on the petition shall be governed by the Rules Governing Hearing N.J.S.A. 18A: 3B-6f before the Board of Trustees of Essex County College, which may be obtained at the Office of the President from Rasheedah Billups, Coordinator to the President and Board of Trustees. SECTION I SECTION II SECTION III SECTION IV SECTION V INSTRUCTION TO BIDDERS GENERAL CONDITIONS REQUIRED PREREQUISITE DOCUMENTS CONTRACTOR'S PROPOSAL LIST OF DRAWINGS * Please also, refer to Legal Ad. DIVISION 0-12 of 79

14 Essex County College 303 University Avenue Newark, NJ SECTION I Bid No The word "bid" herein is intended to be all inclusive of any and all types of bids, proposals, etc., to be submitted. INSTRUCTION TO BIDDERS 1. Notice is hereby given that sealed bids will be received by Essex County College until: 3:00 pm on March 31, 2015 in the office of the Director of Purchasing, and publicly open and read aloud at the time and place set forth herein. A Mandatory Pre-Bid Conference is scheduled for March 17, 2015 at 11:00 am in the Multipurpose Room, located at the West Essex Campus, 730 Bloomfield Avenue, West Caldwell, New Jersey. Last date for all questions shall be March 24, To receive consideration, each bid shall be in accordance with the following instructions. Failure to comply with any one of these shall be sufficient grounds to disqualify the bidder: a. Bid shall be properly signed by an individual authorized to bid on behalf of the company. b. Bid shall be accompanied by such literature, specifications and drawings as are required to prove that a responsible bid is being presented. c. When a brand name and/or number is used, it indicates specifications, character and quality of the article and the bidder may offer an approved equal unless otherwise specified. Samples or cuts of such approved equals must accompany the bid. If the bidder fails to name a substitute, it will be assumed he intends to furnish the brand and number specified. Any exceptions to or deviations from the specifications must be fully explained in your covering letter together with the bid document. Equipment proposed by the bidder, which does not conform to the specifications, shall be fully described by technical literature including performance data and drawings. d. Prices quoted must include all freight or delivery charges and installation to assure the College that, which is received, is ready for operational use unless otherwise stated. e. Where work and/or installation is required by this contractor, this contractor shall comply with those provisions of Chapter 150, Laws of 1963 (NJ Prevailing Wage Act) and amendments thereto and same shall be made part of this contract. f. All work shall comply with those any Local, State and Federal Laws. 2. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, the bid number and description of the bid proposal. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another addressed envelope. any person in the administration of the College shall be made absolved of all responsibility for the premature opening of any bid not so marked. 3. a. IF BID IS PERSONALLY DELIVERED, IT WILL BE ACCEPTED AT THE PURCHASING DEPARTMENT, ROOM 6018, 303 UNIVERSITY AVENUE, NEWARK, NEW JERSEY. b. IF BID IS MAILED, IT IS SUGGESTED THAT YOUR BID BE MAILED APPROXIMATELY FIVE (5) DAYS BEFORE DUE DATE AND MAILED IN A MANNER TO ASSURE BIDDER OF DELIVERY BEFORE BID TIME AND DATE. THE MAILING ADDRESS IS 303 UNIVERSITY AVENUE, NEWARK, NJ ANY BID NOT RECEIVED BEFORE SPECIFIED TIME AND DATE OF BID OPENING, SHALL BE RETURNED UNOPENED AND MARKED "RECEIVED LATE". DIVISION 0-13 of 79

15 4. Bid may be withdrawn by the bidder prior to, but not after, the time fixed for the opening of bids. 5. It is the intent to make evaluation and disposition of the bids within 30 days after receipt; however, no bid may be withdrawn for a period of 60 days after the scheduled closing time of their receipt. 6. The contract will be awarded to the qualified bidder whose new equipment meets the specifications and whose presentation is responsive, provided acceptance of the bid is in the best interest of the College. The College reserves the right to waive any or all informalities, or to reject, any or all bids submitted and to award the contract on the basis of quality commensurate with price and to award in total or in several parts. Further, the College has the right not to award when, in the opinion of the College, sufficient funds are not available. 7. All bids must be complete, meeting materially and significantly the entire requirements of the specification and other attending schedules made a part thereof, otherwise the bid shall be subject to rejection as an invalid proposal. Any omission in the specifications that prevents the bid from being an accepted bid becomes the responsibility of the bidder. 8. Bids will not include any state or local sales or use tax. 9. NOTICE OF EQUIPMENT AND MATERIALS CHANGE: The contractor shall notify Essex County College of impending changes in or discontinuation of models or specifications in materials or equipment known to him at the time of delivery and to deliver only latest model and design of equipment specified at the time of delivery unless notified otherwise by the College. 10. WARRANTY: The contractor will replace without charge for materials, labor or transportation any and all parts found defective within one year from date of final acceptance. In the event that equipment fails to function properly for any reason whatsoever (other than negligence on the part of a College employee) within the first thirty days after delivery, it shall be replaced with new equipment under the conditions of warranty and manufacturers guarantee as stated for new equipment or replacement. SERVICE During the warranty period, the Contractor will furnish field service within a twenty-four- (24) hour period. The Contractor will provide loaner equipment, comparable to the equipment furnished, at no cost to Essex County College, if any equipment breakdown occurs which cannot be repaired within the twenty-four (24) hour service period. The contractor shall provide at the time of delivery, service and operational manuals, schematics, parts lists and any other technical data pertaining to each category of equipment purchased; listing manufacturers name, model number and modifications. All above data shall correspond to the equipment purchased. Vehicles and equipment to receive pre-delivery inspection and service according to manufacturer's specifications. Operation instructions and manuals will be provided by the Contractor's representative to Essex County College personnel at time equipment delivery. DIVISION 0-14 of 79

16 11. DOCUMENTS: Certificate of ownership will be furnished. Vehicles shall conform to Motor Vehicle Laws of the State of New Jersey and State inspection to be acquired prior to acceptance by the College. In addition to equipment specified in basic specifications, vehicles shall be equipped with all other standard equipment as specified by manufacturer and must be so equipped and constructed to permit Gross Vehicle Weight specified. Equipment shall be equipped in accordance with federal regulations, including OSHA. 12. AUTHORITY OF ESSEX COUNTY COLLEGE: On all questions concerning the interpretations of specifications, the acceptability, quality of materials of items furnished and work performed the classification of materials, the execution of the work and the determination of payment due or to become due, the decision of the Essex County College Board of Trustees, or its designate, shall be final and binding. 13. INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner and the Project Manager and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (Other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Project Manager or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under Workmen's Compensation laws. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. The Contractor shall be responsible to the Owner for all acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under any contract with the Contractor. The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 14. CONTRACTOR'S LIABILITY INSURANCE: The Contractor shall purchase and maintain such insurance as will protect him from claims under Workmen's Compensation acts and other employee benefit acts, from claims for damages because of bodily injury including death, and from claims for damages to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified as part of this Contract, or required by law, whichever is the greater, and shall include contractual liability insurance as applicable to the Contractor's obligation under this Paragraph 14 and paragraph 15. Certificates of such insurance shall be filed with the College. DIVISION 0-15 of 79

17 15. INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he obtains, at his own expense, all the required insurance. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibilities for payment of damages resulting from his operations under the Contract. The Contractor shall purchase and maintain insurance with companies satisfactory to the owner as follows: a. Worker's Compensation and Employer's Liability Insurance covering all of the Contractor's employees directly or indirectly engaged in the performance of this Contract. This insurance shall comply with the statutory requirements of the State of New Jersey including Employer's Liability Insurance. b. Comprehensive General Liability Insurance Including Contractors Protective Completed Operations and Contractual Liability Insurance with minimum limits of not less than $1,000,000 any one person and $2,000,000 any one occurrence and $1,000,000 aggregate for property damage. The property damage liability insurance shall include the Broad Form Property Damage Liability Endorsement as well as coverage for the explosion, collapse and underground (XCU) hazards. All liability coverage shall be on occurrence basis. Broad Form Comprehensive General Liability Endorsement without modification must be included. Claims Made Form is not acceptable. c. Comprehensive Automobile Liability Insurance covering Contractor for claims arising from all owed, non-owned or hired vehicles with limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $1,000,000 each accident for property damage. d. Contractual Liability Insurance all certificates must refer to indemnification clause under this contract and verify coverage under Broad Form Comprehensive General Liability Endorsement required under b. e. Policy Limits specified above are minimum, and wherever the law requires higher limits, the higher limits shall govern. f. Builders Risk Insurance or equivalent shall be provided by the Owner for new construction of additions and alterations to existing property. Coverage will include interests of general contractors, project managers retained by owner and all subcontractors as interest may appear. A minimum deductible of $1,000 shall apply which shall be borne by contractor. Coverage will not extend to include uninstalled personal property on or off site or property of contractor or subcontractor. g. Certificates of the insurance required above must be filed with the Project Manager and Owner before the Contract is signed. The Comprehensive General Liability Insurance is in force insuring the Indemnification Clause, and the Indemnification Clause must be typed on the certificate. All certificates must provide for 30 days prior written notice to the Owner of Policy cancellation or material change. h. Copies of the Insurance Policies required must be filed with the Project Manager and Owner before any work is started by the Contractor. i. Policies Shall Remain in Force until all work has been completed and until all retained percentages and maintenance bonds have been released. DIVISION 0-16 of 79

18 j. Subcontractors shall be required by the General Construction Contractor to provide the same types of insurance with the same limits as described above. The Contractor shall not allow any subcontractor to commence work on his subcontract until all similar insurance required on behalf of the Subcontractor has been so obtained and approved. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. Certificates and polices of insurance covering each Subcontractor shall also be filed with the Engineer and Owner before a Subcontractor begins any work. k. Indemnification of the Owner and Proiect Manager the Contractor shall pay, indemnify and save harmless the Owner and the Engineer, their employees, agents, or servants from all suits, actions, demands, claims, losses, damages, expenses, and/or costs of every kind (including attorneys' fees) and description to which the Owner may be subjected or put by reason or injury, including death, to persons or property, resulting from the manner or method employed by the Contractor, his employees, agents or servants, or subcontractors or from any neglect or default of the Contractor, his/her employees, agents, or servants, or subcontractors, including actions arising out of the conduct of the Owner or engineer of their employees, agents or servants, and whether such suits, actions, demands, claims, losses, damages, expenses, and/or costs be against, sustained, or suffered by the Owner, its employees, agents, or servants, or be against, sustained or suffered by other agents or servants may become liable therefore; and the whole or so much of the monies due or to become due the Contractor under the contract as may be considered necessary by the Engineer, may be retained by the Owner until such suits or claims for damages or injuries shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the Engineer. 16. ASSIGNMENT: The Contractor shall not assign the whole or any part of this contract or any monies due or to become due hereunder without prior written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due the Contractor shall be subject to prior liens of all persons, firms and corporations for services rendered, or equipment or supplies furnished in connection with this contract. 17. PROHIBITED INTEREST: No official of the College who is authorized in such capacity and on the behalf of the College to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any material or supply contract or any subcontract in connection with the furnishings of supplies and/or equipment, shall become directly or indirectly interested personally in this contract or in any part thereof. 18. THE COLLEGE RESERVES: The right to cancel part of all of the award in the event of a failure by the Contractor to deliver the materials as required and/or the failure to furnish materials as specified. In case of rejection or non-delivery, the College may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby as well as up to 15% for any and all fees, legal and otherwise. Non-Collusion Statement: 19. The "Notice to Contractors" and statement attached must be adhered to. The Statement must be completed, signed, notarized, and be submitted with the proposal form. DIVISION 0-17 of 79

19 20. Each bidder shall be obligated to conform in all respects with New Jersey Statute P.L C "Affirmative Action". 21. Each bidder shall be obligated to conform in all respects with New Jersey Statute P.L. 77, C. 33 (C). "10% ownership" in company bidding ESSEX COUNTY COLLEGE. 22. Failure of bidder to comply with any of the herein requirements or fail to submit all prerequisite forms as specified under Sections I and II, shall be sufficient reason for bid rejection and to also award to the next lowest responsible bidder or dispose of bid in a manner which is of best interest to the College or in accordance with state (NJ) Statute. Your response to this bid is also acknowledgment of all of the above and negates any further request by you to challenge, attempt to correct, or correct the College specific actions(s). 23. FORM OF CONTRACT: All drawings, specifications and addenda thereto, as prepared and issued by the college; the Invitation to Bid (Advertisement), Detailed Technical Provisions; the Contractor's Form of Proposal, the Contract for Construction, General Conditions, and Supplementary Conditions shall be the Contract Documents, and are all a part of and incorporated into the successful bidder's contract with the Owner. All manufacturer's prints, shop drawings, etc., as approved by the Project Manager shall also become a part of and be incorporated into the successful bidder's contract with the Owner. 24. PREPARATION OF PROPOSAL: 24-1: The Contractor's Proposal must be made upon the "Form of Proposal" contained in these specifications. The proposal must remain part of the specifications and may not be submitted separately. All bid prices must be written in ink, and no change shall be made in the phraseology of the proposal or in the items mentioned therein. All items must be bid on 24-2: All information required concerning the bidder's qualifications, as called for in these specifications shall be furnished and included with his proposal. 24-3: Any proposals which are incomplete, conditional or obscure, or which contain additions, notcalled-for erasures, alterations or irregularities of any kind or which do not comply with the Notice and Instructions to Bidders may be rejected, at the option of the Owner. 24-4: Proposals and certified checks and bonds, if required, must be submitted in sealed envelopes, marked as follows on the outside: the name of the bidder, his address, the name of the project and the contract number. Proposals will be hand delivered at the time and place specified in the Advertisement. The Owner will not be responsible for proposals submitted in any other manner. 24-5: No proposal may be withdrawn or modified for any reason whatsoever. No proposal will be accepted after the time stated in the Advertisement or upon the last calling for bids at the time of the opening of the proposals. 24-6: The unit prices for each item shall be printed in ink, in both words and figures, together with the total amount for each item carried forward. In case of errors or discrepancies between the price written in words and that given in figures, the lower unit price written in words or figures will govern in the computation of the bid. Failure to comply with the provisions of this section may be deemed sufficient ground for rejection of the bid. 24-7: The bidder shall sign his proposal in the blank space provided for this purpose. Name, post office address, county and state of the bidder must be typewritten after the signature, and such address is the one, in the absence of written directions to the contrary, to which notice of award of the contract will be mailed or delivered; the said notice may be served on the bidder or any designated agent of the bidder. DIVISION 0-18 of 79

20 24-8: If a proposal is made by a partnership or corporation, the name and address of the Partnership or corporation shall be indicated, together with the names and addresses of the partners or officers thereof. If the proposal is made by a partnership, it must be signed and acknowledged by each of the partners. When a corporation is the bidder, the state of incorporation and the name and address of its registered agent must be specified. The person signing shall be an officer, having authority under the corporation bylaws to sign contracts, and his title shall be specified. Such proposal shall bear the corporate seal, and the corporation secretary shall attest to same. 25. INTERPRETATION AND ADDENDA: 25-1: If the bidder finds any omissions, discrepancies or errors in the contract documents, or is in doubt as to the meaning of the plans, specifications or other contract documents, he should notify the Engineer, in advance of the opening of bids, who may correct, amend or clarify such documents by an interpretation or addendum. THE SUBMISSION OF A PROPOSAL WILL BE CONSTRUED AS AN ACKNOWLEDGMENT THAT THE BIDDER FULLY UNDERSTANDS THE CONDITIONS AND DIFFICULTIES OF THE WORK AND THE PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ALL MATTERS RELATING TO THE PROJECT, NO BIDDER AT ANY TIME AFTER THE SUBMISSION OF THE BID SHALL ASSERT THAT THERE HAS BEEN ANY MISUNDERSTANDING IN REGARD TO THE NATURE OF THE AMOUNT OF THE WORK TO BE DONE. 25-2: No interpretation of the meaning of the plans, specifications or other contract documents will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Engineer, and, to be given consideration, must be received at least eight (8) calendar days prior to the hour fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, at the respective addresses furnished for such purpose a minimum of five (5) calendar days prior to the scheduled bid opening date. The Owner will not be responsible for any other explanation or interpretation of the contract documents. 25-3: If the Owner, Project Manager shall deem any matter arising within forth-eight (48) hours of the time set for receipt of bids of importance to the bid it, (he) may postpone the time of the opening of bids by notifying each prospective bidder of such postponement by telegraph or telephone and shall issue an addendum. Failure of any bidder to receive any addendum shall not relieve the bidder from any Obligation under his bid, if such addendum is actually sent to the bidder at the address furnished by him at the time he obtains copies of the contract documents. All addenda so issued shall become part of the contract documents. 26. QUALIFICATIONS OF THE BIDDER: 26-1: The bidder must furnish, under oath, the information necessary to complete the forms bound in these specifications. 26-2: The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Owner with all such additional information and data for this purpose as the Owner may request. 26-3: The foregoing information and evidence concerning the bidder's qualifications and experience will be required in order to assist the Owner in its determination of the bidder's responsibility. The Owner, or its authorized representative(s), shall be the sole judge of the merits of such evidential proof of the bidder's qualifications and may make such additional independent investigation of the same as are deemed by it to be proper. DIVISION 0-19 of 79

21 26-4: Prequalification form State of New Jersey, Department of the Treasury, Division of Building and Construction (Section III documents to be completed and submitted with your bid response, if applicable and stated in the legal notice). 26-5: State of New Jersey, Division of Building and Construction, DPMC 701 Form (Total amount of incomplete contracts) Documents to be completed and submitted with your bid response (If applicable and stated in the legal notice). 27. The bidder must also provide a "Consent of Surety" form contained in the Contractor's Proposal, which forms, is part of these bid specifications. 28. The bid security of all but the three lowest bidders will be returned within thirty (30) days after the date of opening of the bids. The bid security of the three (3) lowest bidders will be returned within three (3) days, Sundays and Holidays excepted after award of the contract and approval of the successful bidders performance bond except, however, when the award of the contract shall have been annulled due to failure of the bidder to whom award shall have been made to execute and deliver the contract and performance bond, the certified check of such bidder shall be forfeited and become the property of the Owner, not as a penalty but as liquidated damages, which shall not be deemed a limitation upon the College's damage claim. No interest shall be allowed or paid on any certified check deposited as part of the bid security. 29. PERFORMANCE, PAYMENT AND MAINTENANCE BOND(S): 29-1: The successful bidder to whom the contract is awarded shall, within ten (10) days of the date of the award of the contract, deliver to the Owner a separate performance bond and payment bond in an amount equal to one hundred (100%) percent of the contract price and guaranteed by a qualified surety on a performance bond and payment bond which is of the form contained in these specifications in the section "Contractor's Proposal". 29-2: In the event of the insolvency of the corporate surety, the Contractor shall forthwith furnish and provide a substitute performance bond and payment bond acceptable to the College. 29-3: The successful bidder shall also be prepared to furnish a general maintenance bond guaranteeing the repair of all damages due to improper materials or workmanship for a period of one year after the acceptance of the work by the Owner. (Refer to Section II, Para 39, Page 32). 30. DEBARMENT AND SUSPENSION (Federal Executive Orders #12549 and #12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.'s and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O Contractors with awards that exceed the simplified acquisition threshold shall provide the required certification regarding its exclusion status and that of its principal employees. Therefore, any contractor exceeding the minimum threshold must certify that they are not excluded from doing business with the government. Information on this can be found at DIVISION 0-20 of 79

22 TABLE OF CONTENTS SECTION II GENERAL CONDITIONS NO PARAGRAPH PAGE A. Special Notice to Contractors 23 B. Familiarity with the work Concerned Financial Arrangements Additional or Substitute Bond Cost Breakdown Forecasts of Monthly Requisitions Materials and Work Owner's Right to Withhold Certain Amounts and Make Application Thereof 7. Payment by the Contractor Change in the Work Stated Allowances Taxes Acceptance of Final Payment No Damage For Delay Clause Contractor's Claim for Damages Owner's Claim for Damages Use and Occupancy Prior to Acceptance by Owner Dispute Resolution Procedure Owner's Method of Payment to the Contractor Contractual Relationship Single General Contract Contractor's Responsibility Subcontractors Assignments Right of the Owner to Terminate Contract 30 DIVISION 0-21 of 79

23 23. Extensions of Time Provisions Required by Law Deemed Inserted General Notice and Service Thereof Royalties and Patents Hazardous Substances (Right to Know Act) Guarantees and Correction of Work Manufacturer's Subcontractor's and Supplier's Guarantees Correction of Work Before Final Completion Final Certificate Not an Acceptance by Owner Subsequent Disclosure of Faulty Work Correction of Work After Final Completion Contractors Continuing Responsibilities and Obligation Certificates of Substantial Completion and Punch List(s) Punch List Completion within 60 Days of Substantial 35 Completion 37. Cleaning Up Maintenance After Completion (Requirement for Maintenance Bond) NOTE: DEFINITION OF TERM USED, AS "OWNER" SHALL BE "ESSEX COUNTY COLLEGE" DIVISION 0-22 of 79

24 A. NOTICE OF CONTRACTORS: SECTION H GENERAL CONDITIONS Essex County College requires as a condition precedent to acceptance of bids, a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with' such contract. The form for this sworn statement is included in the proposal and shall be properly executed in order to have the bid considered. Failure to execute the Non-Collusion Statement, and Stockholder Disclosure, Surety, Affirmative Action and other specified prerequisites will automatically disqualify the bid. OWNER'S REPRESENTATIVES: The College may assign a Project Manager to work in conjunction with this project that shall also be located on the project site and shall co-sign all applicable change orders/documents and progress payment requisition in connection with this award. Such person will act in capacity as liaison with the contractor. The Owner may also designate more than one person to act as its agent(s) at the Project site. Such person or persons shall also act as liaison with the Project Manager. The Owner's Representative(s) shall have the authority to stop the Contractor's Work whenever such stoppage may reasonably be necessary to assure the proper execution of all work under this award. The Owner's stoppage of the Work of the Contractor or of one or more subcontractors shall not render it (the Owner) liable for claims of any kind, including delays, by the Contractor or any subcontractor. B. FAMILIARITY WITH THE WORK CONCERNED: It is the responsibility of the bidder to examine carefully the plans and specifications including all addenda: to become thoroughly familiar with the site as to the nature and location of the work, the conformation to make his own estimates of the character, quantity and quality of the materials which will be required: to become familiar with the availability of utilities for construction purposes: to make his own estimates of the equipment and other facilities needed: to evaluate difficulties attending the execution of the proposed contract, including local condition, availability of labor, transportation facilities, uncertainties of weather and other contingencies: To take field measurements and verify field conditions and shall compare such field measurements and conditions and other information known to the Contractor with Contract Documents before starting any work. Discrepancies, errors and/or omissions discovered shall be reported to the Project Manager immediately. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials, equipment, and debris. 1. FINANCIAL ARRANGEMENTS: PERFORMANCE AND PAYMENT BONDS AS CONTRACT SECURITY: The Contractor shall furnish surety bonds, in the forms bound in these Specifications, in an amount at least equal to one hundred (100) percent of the Contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor on the Project and furnishing materials under the Contract. The Surety on such bonds shall be a duly authorized surety company, qualified to do business in the State of New Jersey and satisfactory to the Owner. Cost of the bond shall be included in the Contract price. The contract security as just described and elsewhere in these documents shall be forwarded, within ten days of contract award, to the Owner. DIVISION 0-23 of 79

25 2. ADDITIONAL OR SUBSTITUTES BOND: If at any time the owner for justifiable cause, shall be dissatisfied with any Sureties for the Performance and Payment Bonds, the Contractor shall, within ten (10) calendar days after notice from the Owner, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due the Contractor nor shall be made until the new Surety or Sureties shall have furnished such an acceptable bond to the Owner. 3. COST BREAKDOWN: Upon execution of the Contract, and prior to the first partial payment to be made under the Contract, the Contractor shall furnish to the Owner and to the Project Manager, a breakdown of full correct and complete bulk material quantities and itemized dollar values of the Specification Sections of work, totaling the Contract price, as a basis for determining monthly partial payments. The Contractor shall promptly furnish any additional information that may be requested by the Owner and Project Manager relating to costs of materials or labor for evaluating work in place. 4. FORECASTS OF MONTHLY REOUISITIONS: Upon execution of the Contract, and prior to the first partial payment to be made under the Contract, the Contractor shall furnish to the Owner a schedule of the anticipated amounts of each monthly payment, which will become due to the Contractor in accordance with both the approved progress schedule and the Cost Breakdown. 5. MATERIALS AND WORK: 5-1: In preparing monthly requisitions, material delivered on the site and preparatory work done at the site may be taken into consideration. Identify such on the monthly requisitions. 5-2: All materials, equipment, and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from reasonable responsibility for the care and protection of materials and equipment and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract. 5-3: If payments are made on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedure as will establish the Owner's title to such materials and equipment or otherwise adequately protect the Owner's interest including applicable insurance. 6. OWNER'S RIGHT TO WITHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: 6-1: The Contractor agrees that he will indemnify and save the Owner harmless from any and all claims (including attorneys' fees and costs) growing out of the lawful demands of the subcontractors, laborers, workmen, mechanics, material men, furnishers of machinery and parts thereof, equipment, power tools, and all supplies including commissary, incurred in the furtherance of the performance of this Contract. DIVISION 0-24 of 79

26 6-2: The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract. In paying any unpaid obligations of the Contractor, the Owner shallbe deemed the agent of the Contractor, and any payment so made by the Owner, shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payment made in good faith. 7. PAYMENT BY THE CONTRACTOR: The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered and, (b) for all materials and labor to the extent of 90% of the cost thereof, not later than the 20th day of the calendar month following that in which such materials are delivered to the site of the Project and such labor used thereon, and the balance of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials and labor are incorporated or used. The Contractor, in addition, shall submit with each application for payment, if required receipts and/or other vouchers proving payment, an affidavit proving payment for materials used or stored at the site and labor used, both for his own work and that of his subcontractors, and attesting that there are no liens or encumbrances on the respective Project. 8. CHANGE IN THE WORK: 8-1: Without invalidating the Contract, the Owner may order extra work or make changes by altering, adding to or deducting from the Work, the Contract price being adjusted accordingly. All such changes shall be executed under the conditions of the contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. Contractor shall not reserve any rights to claim delay damages for Change Order work, and all such claims shall be waived unless negotiated at the time of the Change Order execution. NO changes in the work of the contract shall be made without prior written order by the Owner; the Owner will, via the Project Manager, or Construction Manager keep all other interested parties (subcontractors are the responsibility of the Contractor) informed of changes relating to the Work to be performed and its scheduling. 8-2: Changes or credit for work covered by Change Orders shall be determined at the sole election of the Owner by one or more, or a combination, of the following methods: Unit prices previously approved, as per section under Financial Arrangement (par. 3 Cost Breakdown) and Unit Price submitted in the Bid An Agreed Bid The Actual cost of: (A) Labor, including foremen; (B) Materials entering permanently into the work; (C) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (D) Power and consumable supplies for the operation of power equipment, Including fuel (E) Insurances DIVISION 0-25 of 79

27 (F) Social Security and old age and unemployment contributions. 8-4 To the cost under method 3, the allowance for overhead and profit combined shall be based upon the following schedule: 1. For the Contractor, for Work performed by his own forces 15% of cost 2. For each Subcontractor, for Work performed by his own forces 15% of cost 3. For the Contractor, for Work performed by a Subcontractor 10% of cost 8-5 When work is performed under method 3, the Contractor shall furnish satisfactory bills, payrolls, and voughers covering all items of cost, and when requested by the Owner, shall give the Owner access to accounts relating thereto. 8-6 Change Orders will be prepared by the Contractor in numerical sequence for the Contract, covering each separate change, or group of changes, and indicating: a. Nature and extent of work added or deleted. b. Charges or credits for work added or deleted. c. Adjustment in Contract time or progress schedule, if applicable. d. Accompanying supplementary drawings relevant to and explanatory of the changes involved. 8-7 There shall be no fixed fee added to charges for authorized and agreed-upon premium (overtime or holiday) work. 9. STATED ALLOWANCES: The Contractor shall include in his/her Contract price any (1) cash and (2) material and labor allowances named in the Contract Specification Sections. These allowances are to cover the net cost of the respective purchase or work by the Contractor, when so ordered by the Owner, and are exclusive of supervision, overhead, bond, profit and any other general expenses; these costs of supervision, overhead, bond, profit and any other general expenses shall be separate from and independent of the allowances, and shall be specifically included in the Contract price. 10. TAXES: The Contractor shall accept exclusive liability and hold the Owner harmless for payment of all social security taxes, unemployment insurance contributions or other taxes measured by the wages of employees attributable to or performing the work herein mentioned or described and shall also be responsible for the payments of all sales, excise and gross receipts taxes. 11. ACCEPTANCE OF FINAL PAYMENT: The acceptance by the Contractor of payment pursuant to a Final Certificate shall operate as and shall be a complete release to the Owner and its agents from all claims of liability on behalf of the Contractor for anything done or furnished for or relating to the Contract, or any act or neglect of the Owner or any person relating thereto. No payment, however, Final or otherwise, shall operate to release the Contractor or his/her sureties from any obligations under the Contract or Performance and Payment Bonds. The Contractor shall, if the Owner requests, execute a release in writing, under seal, releasing the Owner, its agents and servants, from all claims, actions, suits and liability of every kind (including attorneys' fees and costs), character and description, growing out of the Contract and the performance of the work in connection with the completion of the Project. DIVISION 0-26 of 79

28 12. NO DAMAGE FOR DELAY CLAUSE The Contractor shall not make, nor be entitled to, any claim for delay or disruption of its work against the Owner, Project Manager or their agents or employees including, but not limited to, claims for extended field office or home office overhead, unabsorbed home office overhead, escalation, acceleration, loss of business or bonding capacity or other claim for consequential delay or disruption damages of any manner whatsoever resulting directly or indirectly from changed conditions, discovered conditions, changes or clarifications in design documents, for the acts or omissions of other Contractors, the Owner, Project Manager, Owner's other consultants, governmental entities or other persons relating to the work performed under this Contract and the Contractor's sole and exclusive remedy for any such delay or disruption shall be an extension of time for completion of work under this contract. 13. CONTRACTOR'S CLAIMS FOR DAMAGES: Subject to the provisions of Paragraph 12, if the contractor shall claim compensation for any damage, he/she shall, within seven (7) calendar days after sustaining such damage, make a written claim and statement to the Owner via the Construction Manager, of the nature of damage sustained. On or before the fifteenth day of the month subsequent to that in which any such damage shall have been sustained, the Contractor shall file with the Owner via the Construction Manager an itemized statement of the details and the amount of such damage alleged to have been sustained, the filing of the written claim and itemized statement of details herein above provided shall be a condition precedent to the assertion of any claim by the Contractor against the Owner, and the failure to file such written claim and statement and itemized statement of details shall relieve the Owner from all liability whatsoever of every kind, character and description for such claim. 14. OWNER'S CLAIMS FOR DAMAGES: Owner shall have the right to assert claims against the Contractor for delays, disruptions, consequential damages and loss of use at any time during the Contractor's performance of the contract. Such claims shall be asserted pursuant to the time limits provided in Paragraph 13, above. 15. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER: The Owner reserves the right to require the Contractor to so organize the Work that portions of the building or buildings or equipment therein will be complete and ready for occupancy before the entire completion of the Project, and to take possession and occupy a portion of the premises prior to the completion of the entire contract without in any way waiving any of the provisions or requirements of the Contract, particularly in regard to time of completion, acceptance of the Work, protection and responsibility, and insurances. The occupancy of the building or any portion thereof does not constitute an acceptance of any Work nor does it waive any of the Owner's rights under this contract. Prior to such occupancy or taking of possession, the Project Manager and/or a representative of the Owner, and the Contractor shall visit and fully observe the portions of the building to be occupied, preparing a complete punch list/s of omissions of materials, faulty workmanship, or any items to be repaired, removed, or replaced, or further tested. DIVISION 0-27 of 79

29 16. DISPUTE RESOLUTION PROCESS: (a) Negotiation: Any claims filed by any party to the project shall first be subject to negotiation between the parties for a period of sixty (60) days from receipt of notice of such claim. (b) Mediation: In the event the parties are unable to resolve their dispute by negotiation under Subparagraph (a), above, the parties shall, in good faith, conduct a mediation by retaining a third party neutral mediator and attending such mediation sessions as the mediator deems appropriate. The parties shall continue with the mediation process until the claim(s) is/are resolved or the mediator has declared an impasse. The mediator's fees shall be paid pro-rata by the parties directly involved in the claim(s) asserted. (c) Arbitration: In the event the parties are unable to resolve their disputes under Subparagraphs (a) and (b), all claims or controversies between the parties shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The prevailing party shall be entitled to an award of attorney's fees and costs including expert fees, arbitration fees and all administrative filing fees charged by the American Arbitration Association. In the event the prevailing party enters Judgment on the award rendered in a Court of competent jurisdiction, all costs and attorney's fees incurred in entering and collecting upon such Judgment shall be awarded to the prevailing party. 17. OWNER'S METHOD OF PAYMENT TO THE CONTRACTOR: Payments to the Contractor shall be made monthly in an amount not exceeding 90% of the Contract value of the materials and labor satisfactorily incorporated into the building and of materials suitably stored at the site thereof or at some other location agreed upon in writing by the parties during the month for which payment is sought, which Contract value and percentage of payment to be made to the Contractor shall be determined and certified to the Owner, together with the expended balance of the Contract sum, shall be sufficient to complete the work to be done pursuant to the Contract. The 10% reserve shall be paid to the Contract upon, the issuance of a certificate by the Project Manager that the Work has been so completed, and the final acceptance of the work by the Owner pursuant to any such determination and certification and after, it is determined by the Project Manager that the unexpended balance of the Contract sum, plus the reserve in the Owner's hands, are sufficient to complete the work pursuant to the Contract, all payments by the Owner pursuant to such determination and certification of the Project Manager being for all persons a full and complete protection to and discharge of the Owner to the extent of such payments. After 50% of the Work has been completed, if the Owner determines that the Contractor's performance and progress are satisfactory, the Owner may make the remaining monthly payments in amount equal to 95% of the value of materials and labor incorporated into the project. Each monthly payment will be made within fifteen (15) calendar days after the certificate therefore is issued by the Project Manager and received by the Owner, such certificate being a condition precedent to the liability of the Owner to make any monthly payments. Should violations of the Contract exist, no certificate shall be issued until all such violations shall have been remedied by the Contract to the satisfaction of the Project Manager. 18. CONTRACTUAL RELATIONSHIP SINGLE GENERAL CONTRACT: The Owner plans to execute this Project by awarding a single lump sum fixed price Major General Construction Contract unless stated otherwise in this bid, the work of all trades of which shall proceed sequentially or concurrently as directed by the Contractor. (Reference throughout the Notice To Contractors under Section II and General Conditions, in the many contexts of overall Project management, to "Contractor" are principally intended for the General Construction Contractor). DIVISION 0-28 of 79

30 18-1: The Contractor shall coordinate his operations with those of all subcontractors. 18-2: Cooperation will be required of all subcontractors, in the arrangement for the storage of materials and in the detailed execution of the work. 18-3: The Contractor, including each of his subcontractors, shall keep informed of the progress and the details of Work of all subcontractors, and shall notify the Construction Manager immediately of lack of progress or defective workmanship on the part of any subcontractors. 18-4: Failure of the Contractor to keep informed of the Work progressing on or off the site, and his failure to give notice of lack of progress or defective workmanship by others, shall be construed by Owner and by Project Manager as acceptance by the Contractor of the status of the Work as being satisfactory for proper coordination with the Contractor's own work and the work of all subcontractors. 18-5: It is agreed that the Contractor shall not be entitled to any damages or extra compensation from the Owner or other contractors on account of any work performed by the Owner that in any way affects the Work under this Contract. 18-6: In case the Contractor or any of his subcontractors, by his own acts or the acts of any person or persons in his employ, shall unnecessarily delay, in the opinion of the Project Manager, the Project work of the Owner or any subcontractors, by not properly cooperating with them or by not affording them sufficient opportunity or facility to perform work as may be specified, the Contractor shall, in that case, pay all costs and expenses incurred by such parties due to any such delays and he/she (the Contractor) hereby authorize the Owner to deduct the amount of such costs and expenses from any monies due or to become due the Contractor under this Contract, based on the investigations and recommendations of the Project Manager. Nothing contained in this paragraph shall, however, relieve the Contractor from any liability or damage resulting to the Owner on account of such delay or delays. 19. CONTRACTOR'S RESPONSIBILITY: If, through the acts or omission of the Contractor, any subcontractor shall suffer loss or damage on the Work, the Contractor agrees to settle with such subcontractor by agreement if such subcontractor will so settle. If such subcontractor shall assert any claim or bring any action against, the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor who shall defend, indemnify and save harmless the Owner and pay and satisfy any judgment or award entered against the Owner in any such action and shall also pay all costs and expenses, legal and otherwise, incurred by the Owner therein or thereby. 20. SUBCONTRACTORS: 20-1: The Contractor may utilize the service of subcontractors on those parts of the work, which, under normal construction contracting practices, are performed by specialty Subcontractors. 20-2: The Contractor shall be as fully responsible to the Owner for the acts and omissions of his/her subcontractors, and of persons either directly or subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of this Contract insofar as applicable to the work of the subcontracts and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provisions of the Contract. DIVISION 0-29 of 79

31 20-3: The Contractor shall not enter into any contract with or award any work to any subcontractor or material or equipment supplier without prior written approval of the Owner (via the Construction Manager) as to subcontractor, material or equipment supplier, and materials and equipment. Approval will not be given until the Contractor submits to the Owner (via the Construction Manager) a written statement concerning the proposed award to the subcontractor or materials or equipment supplier, which statement shall contain such information as the Owner may require. If the Owner makes reasonable objection to the use of any subcontractor or material or equipment supplier, the Contractor shall promptly produce another subcontractor or material or equipment supplier, or materials and equipment, as proposed for review by the Owner, and to no additional expense or cost the Owner. 21. ASSIGNMENTS: The Contractor shall not sell, assign, transfer or otherwise dispose of the whole or any part of this Contract or any monies due or to become due hereunder. 22. RIGHT OF THE OWNER TO TERMINATE CONTRACT: If the Contractor should be (1) adjudged a bankrupt, or (2) if he should make a general assignment for the benefit of his creditors, or (3) if a receiver should be appointed on account of his insolvency, or (4) if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workman or proper material or labor, or (6) persistently disregard laws, regulations, ordinances of any Governmental entity having jurisdiction, or the reasonable instruction of the Construction manager, or (7) otherwise be guilty of a violation of any provision of the Contract, then the Owner, upon the certificate of the Construction Manager that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor, and his surety, seven calendar (7) days written notice, may terminate the Contract and complete the work by whatever method the Owner may deem expedient in the Owner's best interest. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished completely. If the unpaid balance of the Contract Sum shall exceed the expense of finishing the Work including compensation for additional managerial and administrative and inspection services, such excess shall be paid to the Contractor. If such expense shall exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided and the damage incurred through the Contractor's default shall be certified by the Construction Manager. Where Contractor's services have been so terminated by the Owner, the termination shall not affect any rights or remedies of Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies due Contractor by Owner will not release Contractor from liability. 23. EXTENSIONS OF TIME: 23-1: Should the Contractor be delayed in the prosecution or completion of the work by act, neglect or default of the Owner, or the Project Manager, or of any contractor employed by the Owner upon the Work or by any damage caused by fire or other casualty for which the Contractor is not responsible, or by insurrection or by civil disturbances, or by order of a Court or any other public body or authority, or by combined action of workmen in no way caused by or resulting from default or collusion on the part of the Contractor, or by any unforeseeable cause beyond the control which could not be responsibly avoided and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, fire, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather, then the time fixed in the Contract for the completion of the Work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid, which extended period shall be fairly determined and fixed by the Director of Facilities (the Judgment and findings of fact DIVISION 0-30 of 79

32 thereon, shall be final and conclusive on the parties hereto); but no such allowances shall be made unless a claim is presented in writing to the Owner via the Director of Facilities within seven (7) calendar days of the beginning of any such delay. Such time extension shall be the Contractor's sole remedy for such claims as more specifically discussed in Paragraph 12, above. 23-2: In the event that any or all extensions of time granted pursuant to the above extend cumulatively for more than thirty (30) calendar days in length, the Owner may, in order to expedite completion of the Project, unilaterally declare the affected Contract to be terminated, and then may proceed to complete the contract in any way it may deem expedient; the Owner will make an equitable settlement of the remaining portion of the Contract, under the foregoing circumstances. 23-3: Apart from extension of time, no payment or allowance of any kind shall be made to any Contractor as compensation for damages on account of hindrance or delay from any cause in the progress of the Work, whether such delay be avoidable or unavoidable, and there shall be no liability upon the Owner or its authorized representative or assistants, either personally or as officials of the Owner, it being understood that in such matters they act as agents or representatives of the Owner. THIS PARAGRAPH AND PARAGRAPH 12, ABOVE, ARE PRINCIPAL CONDITIONS OF THE CONTRACT, AND EXECUTION OF THE CONTRACT SIGNIFIES ACCEPTANCE THEREOF BY THE CONTRACTOR. 23-4: The Contractor agrees to insert these provisions in any and all subcontracts entered into by him/her relating to this Project. 23-5: Time for completion will not be extended because of any delay caused by the Contractor's poor or defective workmanship (or the effort required to correct or replace same) or his failure to supply products, which conform to Contract requirements. 24. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or its not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. If any provision hereof is found by a court of law to be invalid or unenforceable, that provision shall be deemed both to be stricken from the Contract, and not to affect the validity or enforceability of any other provision hereof. Governing Law: This Agreement will be governed and interpreted by the laws of the State of New Jersey. 25. GENERAL NOTICE AND SERVICE THEREOF: Any notice to the Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by regular mail, to the Contractor at his last given address, or delivered in person to the Contractor or his authorized representative on the Work site. 26. ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from the loss on account thereof (including attorneys' fees and costs), the Contractor shall be responsible for any loss associated with any royalties, license infringement or patent. DIVISION 0-31 of 79

33 27. HAZARDOUS SUBSTANCES: (RIGHT TO KNOW ACT) The Contractor will provide to the College, Coordinator of Safety, a list of hazardous substances to be used on College property and the corresponding Material Safety Data Sheets (MSDA). The Contractor shall also be solely responsible for the cost and removal of any such material from college property. "Hazardous Substance" means any substance, or substance contained in a mixture, included on the hazardous substance list developed by the New Jersey Department of Health pursuant to N.J.S.A. 34:5A-5. In the event the Contractor encounters on the site material reasonably believed to be a hazardous substance which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Project Manager in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is a hazardous substance, or when it has been rendered harmless, by written agreement of the Owner and Contractor. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Project Manager, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is a hazardous substance and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting from, but only to the extent caused directly or indirectly by the Contractor or anyone for whose acts the Contractor may be liable, regardless of whether or not such claim damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or person described in this paragraph. The contractor shall complete the Chemical Inventory Worksheet (Attachment 1) if storing hazardous substances on College property. The Chemical Inventory Worksheet shall be submitted to the College, Coordinator of Safety. The information required on the Worksheet includes: (1) Location, (2) Product name with chemical ingredients found on label, (3) Supplier's name, address and telephone number, (4) Type of container, (5) Size of container, (6) Number of containers. The contractor is responsible for the Universal Labeling of all containers if stored on College property. "Universal Labeling" is the chemical name(s) and chemical abstract service number(s) of all hazardous substances in the container, and all other substances, which are among the five (5) most predominant substances in the container, or their Trade Secret Registry Number(s). "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, boxes, cans, cylinders, drums, and shipping cartons. 28. GUARANTEES AND CORRECTION OF WORK: General Guarantees: The Contractor guarantees all of the Work performed under his/her Contract, including such change orders as may be executed, for a minimum period of one (1) year from the date of Substantial Completion of the Work (as defined in Section Ill) as follows: DIVISION 0-32 of 79

34 28-1: Against all faulty or imperfect materials, and against all imperfect or careless or unskilled workmanship. 28-2: The completed Work shall resist successfully any damage by exposure under or by intrusion or foreseeable weather, wind-borne water, and surface drainage, at every point and every particular. 28-3: That all of the mechanical and electrical equipment, machines, devices, etc., shall operate (with ordinary care and attention) in a satisfactory, quiet, and efficient manner as determined by the Owner, and that all be expected from the same. 28-4: Against injury or undue deterioration from proper and usual use of the Work, the building, or its equipment. 28-5: Against the defacements such as cracking, spalling, delaminating, and peeling of finished surfaces such as concrete, recast concrete, unit masonry, cast and natural stone, millwork, plaster, gypsum wallboard, masonry, cast and natural stone, millwork, plaster, gypsum wallboard, glass, veneer panels, and applied finishes such as paint and special coatings. General and Manufacturer's and Subcontractors' and Suppliers guarantees shall cover a longer period when and if so stipulated in respective Specifications Sections. 29. MANUFACTURER'S SUBCONTRACTOR'S AND SUPPLIERS' GUARANTEES: 29-1: In addition to the General Guarantees, the Contractor shall comply with and furnish any and all guarantees of whatever nature referred to in respective Specifications Sections. 29-2: As a condition precedent to his right of Final Payment, Contractor shall deliver to the Owner five (5) bound sets of all manufacturer's guarantees, service contracts, and other guarantees (one of the 4 sets will be retained by the respective Consulting Engineer, and one each by the Project Manager with 2 sets actually being furnished to the Owner). 29-3: In each Section of the Work in which a guarantee is required, the Contractor shall require each subcontractor to execute a satisfactory written guarantee in which the Contractor and the Owner are named as beneficiaries. 30. CORRECTION OF WORK BEFORE FINAL COMPLETION: The Contractor shall promptly correct or remove from the premises all work or materials or equipment condemned by the Project Manager as failing to conform to the Contract Documents, whether such work or materials or equipment have been incorporated into the Project or not, and whether observed before or after Substantial Completion, and the Contractor promptly replace and re-execute his work in accordance with the Contract Documents and without expense to the Owner, and the Contractor shall bear the expense of making good all work of whatever kind destroyed or damaged by such removal or replacement. Contractor shall bear all costs and expenses of correcting all such condemned work, materials, or equipment, including the cost of the Project Manager's additional services thereby made necessary, at the rate of 2.5 times direct personnel expenses. If the Contractor does not remove such condemned work within a reasonable time fixed by written notice from the Project Manager, the Owner may remove it and may store the materials or equipment at the cost and expense of the Contractor. If the Contractor does not pay the cost and expense of such removal and storage (including compensation for additional Managerial, administrative, and inspection services) within seven (7) calendar days' time thereafter, the Owner may, upon seven (7) calendar days' written notice, sell such materials or equipment at auction or private sale and shall account for the net proceeds thereof after deducting all the costs and expenses incurred by the Owner. 30-1: Correction of Faulty work: Correction of condemned work in a manner other than as required by the Contract shall be considered non-performance and failure to correct. DIVISION 0-33 of 79

35 30-2: Work of Subcontractors: The Contractor is responsible for enforcing performance by his subcontractors to the standards of this Contract. 30-3: Inexpedient Corrective Work, and Reduced Compensation: If the Owner concludes that it is inexpedient to correct work injured or not performed in accordance with the contract, such work may be retained, compensation to be paid to the Contractor hereunder being reduced by such amounts as the Project Manager may recommend and to which the Owner agrees; the Project Manager shall prepare and issue a "Unilateral Change Order" under these circumstance. 30-4: Investigations, Tests, Reports: During construction or period of guarantees, if Owner or Project Manager finds what appears to be defective work or improper functions of any material, equipment, or systems installed, he may direct the Contractor, as part of the Contract work and at no expense to the Owner, Project Manager to inspect the work or material, equipment, or systems in question and install similar work and apparatus in conformity with requirements of the Contract, and to make tests and to file complete reports as directed to establish such conformity. 30-5: Convenience of the Owner: Any work of correction to be done after the building is occupied by the Owner shall be done in such a manner and at such times as are best suited to the Owner. 30-6: Related Work: In the event of work of correction, removal, replacement, or re-execution, the Contractor shall make good all damage caused to the work or materials due to such required correction, removal, replacement or re-execution. 31. FINAL CERTIFICATES NOT AN ACCEPTANCE BY OWNER: Neither (1) the final Certificate for Payment, nor (2) any final or partial payment, nor (3) any provision of the Contract, nor (4) partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of any liability in respect to any express warranties or implied warranties of fitness for the particular purpose of the Project, or responsibility for faulty materials or workmanship. Failure of the Owner or the Project Manager to exercise powers of rejection or condemnation against the work of any Contractor during construction shall not be construed as an acceptance on the Owner's part or as an admission on the Owner's or Project Manager's part that the Contractor's work has been faithfully performed, if the fact be otherwise. 32. SUBSEQUENT DISCLOSURE OF FAULTY WORK: If, within one (1) year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantees required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner. Owner will give such notice promptly after discovery of the condition. (Please also refer to maintenance bond requirements under Paragraph 38) 33. CORRECTION OF WORK AFTER FINAL COMPLETION: The Contractor shall remedy any of the conditions specified in Paragraphs 28 thru 30 hereof and pay for any damage to other work resulting there from, which shall appear within the guarantee period or periods, and any other expense incurred by the owner in connection therewith. 34. CONTRACTOR'S CONTINUING RESPONSIBILITIES AND OBLIGATIONS: 34-1: The guarantee obligations assumed by the Contractor under this Contract shall not be held or taken to be in any way impaired because of the specification, indication or approval by or on behalf of the Owner of any articles, materials, means, methods, arrangements, DIVISION 0-34 of 79

36 combinations or things used or to be used in the construction, performance and completion of the work of any part hereof. 34-2: No acceptance or use of the work or any part thereof, nor any failure to use the same, nor any repairs, adjustments or corrections made by the Owner due to the Contractor's failure to comply with any of his/her obligations assumed by the Contractor under this Contract. 34-3: The specific contractual liability period of one (1) year, for correction of observed defects in materials, and workmanship not otherwise guaranteed for longer periods shall not be construed to waive the Owner's rights under any applicable New Jersey statute of limitations. 35. CERTIFICATE(S) OF SUBSTANTIAL COMPLETION AND PUNCH LIST(S): When the Owner determines that a portion of the building or electro-mechanical system is substantially complete, a tour of observation of the affected areas will be arranged for the Director of Facilities and the Project Manager, the Owner, and the Contractor. Based upon the observations, a Punch List will be prepared by the Project Manager, Director of Facilities, and the Consulting Engineers, to indicate the appropriate date of Substantial Completion for that portion of the Work, plus any omission of materials, faulty workmanship, and any items to be repaired, removed, or replaced, or further tested. The omission from the Punch List/s of any incomplete or unsatisfactory items does not alter the Contractor's responsibilities to complete all Contract work. 36. PUNCH LIST COMPLETION WITHIN 60 DAYS OF SUBSTANTIAL COMPLETION: The Contractor shall complete all Contract Work within sixty (60) days after the respective Substantial Completion date, unless some shorter period is required for the Owner's convenience and so stated in the respective certificate of Substantial Completion. (If there is any item of equipment which cannot be obtained and installed within the aforesaid period of time, the Contractor shall so inform the Owner and Project Manager within fifteen (15) days after the date of Substantial completion, and request additional time for the Contractor, such additional time will be granted for that specific item). Failure of the Contractor to comply with the Work completion conditions will result in the Owner's proceeding in accordance with Para. 28 thru CLEANING UP: The Contractor shall keep the premises and surrounding area free from accumulation of any waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project any (including but not limited to solid waste, recycling or any hazardous materials) waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 38. MAINTENANCE AFTER COMPLETION: (Requirement for Maintenance Bond) "THE CONTRACTOR SHALL SUPPLY GENERAL MAINTENANCE BOND IN THE AMOUNT OF 10% OF THE TOTAL AMOUNT OF THE CONTRACT OR IN THE AMOUNT OF $20, WHICHEVER IS GREATER. THE MAINTENANCE BOND SHALL COMMENCE ON THE DATE FINAL PAYMENT BECOMES DUE AND IS TO CONTINUE IN EFFECT FOR A PERIOD OF TWELVE (12) MONTHS. DIVISION 0-35 of 79

37 SHOULD THE CONTRACTOR FALL TO MAKE THE NECESSARY REPAIRS AT ONCE AFTER DUE NOTICE FROM THE PROJECT MANAGER, THE COLLEGE MAY EXPEND THE SAME OR SO MUCH THEREOF AS MAY BE REQUIRED TO MAKE THE NEEDED REPAIRS, PROVIDED, HOWEVER, THAT IN CASE OF EMERGENCY WHERE IN THE OPINION OF THE PROJECT MANAGER, IT WOULD CAUSE SERIOUS LOSS OR DAMAGE, THE COLLEGE MAY MAKE REPAIRS WITHOUT PREVIOUS NOTICE AND AT THE EXPENSE OF THE CONTRACTOR." DIVISION 0-36 of 79

38 SECTION III PREREQUISITE FORMS AND PAGES REQUIRED WITH THIS BID RESPONSE PAGE NAME OF FORM REFERENCE * Prequalification of Form *State of New Jersey, Dept. of Treasury, Division of Building and Construction. (Refer to Legal Ad. page 2, and Section 1: page 19 (para. 26-4). 5 DPMC Form 701 *State of New Jersey, Division of Building and Construction, (Total Amount of Uncompleted Contracts) Refer to Legal Ad. page 2, and Section D: page 20 (para. 26-5). 38. Non-Collusion Affidavit Refer to Legal Ad. page 2, and Section I: page 17 (para. 19). 39. Stockholders Disclosure Refer to Legal Ad. page 2, and Section : page 18 (para. 21) 46. Affirmative Action Response Refer to Legal Ad. page 2, and Section page S: 18 (para. 20). 49. Qualification form NJ Prevailing Wage Refer to Legal Ad. page 2, and Section I: page 13 (para. 1E). 50. Employee or Relative Disclosure Refer to Legal Ad. page % Bid Security, Performance, Payment and Refer to Legal Ad. page 2, Maintenance Bond(s) or Equivalent Surety Forms Section 1: page 20 (para. 29 thr 29-3), and Section : page (para. 1-2) Surety Disclosure Certificate Refer to Section 1: page 20 (para. 55. Consent of Surety 27). 56. Subcontractor Certification Refer to Legal Ad. page Outreach Policy Refer to Legal Ad. page 2, and Section I: page Disclosure of Investment Activities in Iran Refer to Legal Ad. Page Contractor's Proposal Refer to Section 1: page (para. 24). *Certified copy of this form must be obtained by the bidder and included with all other specified prerequisite forms. NOTE: The bidder must be certified as prequalified for this work at the time of the bid opening by the State of New Jersey and must also provide College with a certificate of renewal if the certification expires during the term of this Contract Award. Definition of term used in this section as "Owner" shall be Essex County College. DIVISION 0-37 of 79

39 ESSEX COUNTY COLLEGE SECTION III Bid Prerequisite Form NON-COLLUSION STATEMENT Essex County College 303 University Avenue Newark, NJ DATE: Gentlemen/Madam: This is to certify that the undersigned bidder has not, either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with proposal submitted to Essex County College on the day of,20_. Signature of Bidder By Corporate Seal Attest Secretary Sworn to and subscribed before me this day of, 20 My Commission expires Notary Public My commission expires: THIS STATEMENT SHALL BE COMPLETED AND SIGNED IN ORDER FOR THE BID TO BE CONSIDERED. DIVISION 0-38 of 79

40 ESSEX COUNTY COLLEGE SECTION III Non-compliance with this directive is sufficient reason and justification to reject bid. STOCKHOLDER OR PARTNERSHIP DISCLOSURE REQUIRMENT Per State of New Jersey Assembly Bill No. 22 (P.L. 77, Ch. 33) Be it enacted by the Senate and General Assembly of the State of New Jersey: I. No corporation "or partnership" shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid of said corporation or said partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation "or partnership" who own a 10% or greater interest therein, as the case may be." If one or more such stockholder "or partner" is itself a corporation "or partnership", the stockholders holding 10% or more of that corporation's stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every "non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed." 2. This statement shall take effect immediately. It is mandatory that this form be completed, notarized, and submitted with bid. Contractor Name and Address Stockholder's Name and Percentage of Ownership Stockholder's Name and Percentage of Ownership Stockholder's Name and Percentage of Ownership Use addition sheet for other stockholders. No individual stockholder or partner owns 10% or more of this corporation or partnership. By (Name of Contractor) (Address) Subscribe and Sworn to (Type or print name of affiant along with signature) before me this day of 20 Notary Public of My Commission expires NOTE: THIS STATEMENT MUST BE COMPLETED, SIGNED, NOTARIZED, AND RETURNED WITH YOUR BID PROPOSAL. DIVISION 0-39 of 79

41 ESSEX COUNTY COLLEGE SECTION III EXHIBIT A Attachment #3 MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE (N.J.S.A et seq) (N.J.A.C. 17:37) GOODS AND SERVICES AND PROFESSIONAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employments. 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. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, creed, color, national origin, DIVISION 0-40 of 79

42 ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division's website at comp liance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. DIVISION 0-41 of 79

43 ESSEX COUNTY COLLEGE SECTION III EXHIBIT B MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE (N.J.S.A et seq) (N.J.A.C. 17:27) CONSTRUCTION CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employments. 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. 17:27-5.2; provide, however, that the Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active "card carrying" members who are minority and women DIVISION 0-42 of 79

44 workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17: 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 Treasurs 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 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 or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines 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: (1) To notify the public agency compliance officer, the Division, 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 some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions; DIVISION 0-43 of 79

45 (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) (ii) (iii) (iv) The contractor or subcontractor shall interview the referred minority or women worker. 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 Division. 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. 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 (i) above, whenever vacancies occur. At the request of the Division, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. 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 Division. (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 Division and submitted promptly to the Division upon request. C) The contractor of 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 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 bargaining agreement, exceeds the DIVISION 0-44 of 79