AIA Document A132 – 2009 Standard Form of Agreement Between Owner and Contractor

Construction Manager as Adviser Edition

AGREEMENT made as of the ___ day of __________ in the year 20______

BETWEEN the Owner:

Ocean County College

1 College Drive

Toms River, NJ 08754 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

The Construction Manager for the Project is:

If a Construction Manager is not identified here, then all references to Construction Manager shall refer to the Owner’s

Representative.

The Architect for the Project is:

The Owner and Contractor agree as follows.

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other

Conditions), Exhibit A, Determination of the Cost of the Work, Drawings, Specifications, Project Manual, Addenda issued prior to execution of this Agreement, Bidding Requirements (Invitation to Bid, Instructions to Bidders, and sample forms), Contractor’s Bid Proposal dated ______________, other documents listed in this Agreement and

Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the

Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others (“the Work”). The “Work" shall include all construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations.

The Work may constitute the whole or a part of the Project.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be the later of the date of this Agreement or the date set forth in a notice to proceed is issued by the Owner after execution of the Contract Contractor shall commence work on the date of commencement.

(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics’ liens and other security interests, the Owner’s time requirement shall be as follows:

N/A

§ 3.2 The Contract Time shall be measured from the date of commencement and is of the essence of the Contract. The

Contractor agrees that if the Work shall not be completed within the Contract Time and any agreed upon extensions as permitted by the Contract Documents, the Owner may forthwith or at any time after said date, at its option, without notice to the Contractor, purchase the materials and furnish the labor necessary to complete said work, charging the cost thereof to the Contractor, and the Contractor expressly agrees to pay the Owner the entire cost of completing said work; provided, however, that this provision shall be deemed and taken to be in addition to and not in substitution of the right of the Owner to liquidated damages for such delay or failure to perform the contract by the Contractor, if such liquidated damages are provided for in the specifications. Notwithstanding any payment or payments hereunder, the Contractor shall be liable for all damages sustained by the Owner by reason of any defective or improper work or materials or of any wrongful act by the Contractor, its servants, agents or employees committed or suffered to be done in the performance of this Contract and shall also be liable for any damage or injury caused to a third party through any such negligent or wrongful act.

§ 3.2.1 A deduction shall be made from the Contract price of the amount of wages paid by the Owner to the Owner’s consultants including and not limited to: Construction Manager, Project Architect and Engineers necessarily employed on the work by the Owner for any number of days in excess of the number of days allowed herein for the completion of the work.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ___________, 20____.

(___________Calendar Days from Date of Commencement), subject to adjustments of the Contract Time as provided in the Contract Documents.

(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.)

§ 3.3.1 The Contractor shall achieve completion of the following Milestones by the Dates indicated below subject to adjustments of the Contract Time as provided in the Contract Documents:

Milestone Item Milestone Date

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the

Contract. The Contract Sum shall a Stipulated Sum.

§ 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be _____________________________ Cents ($_____________), subject to additions and deletions as provided in the Contract Documents. The Owner shall pay the Contractor the Stipulated

Sum, which payment is for the value of all labor and materials for work completed pursuant to an inspection certification that the Contractor’s performance is acceptable subject to all terms and conditions of the Contract

Documents.

Bid Proposal Breakdown Amount

Division 1 – General Conditions $

Division 2 – Existing Conditions $

Division 3 – Concrete $

Division 4 – Masonry $

Division 5 – Metals $

Division 6 – Wood and Plastic $

Division 7 – Thermal and Moisture Protection $

Division 8 – Openings $

Division 9 – Finishes $

Division 10 – Specialties $

Division 13 – Exterior Noise Barrier $

Division 20 – Management of Soil $

Division 21 – Fire Suppression $

Division 22 – Plumbing $

Division 23 – HVAC $

Division 26 – Electrical $

Division 28 – Security $

Division 31 – Earthwork $

Division 32 – Exterior Improvements $

Division 33 – Utilities – Manholes & Structures $

§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the

Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 4.2.3 Unit prices, if any:

(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.2.4 Allowances included in the Stipulated Sum, if any:

(Identify allowance and state exclusions, if any, from the allowance price.)

Item Allowance

ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the

Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.1.1 The Contractor shall make payment of all proper charges for materials and labor required in the Work and indemnify, defend and hold harmless the Owner, Architect, Construction Manager, or their officers, agents and servants and each and every one of them (“Indemnitees”), against and from all suits and costs of every name and description and from all damages to which the Indemnitees may be put, by reason of claims for payment, including liens, arising from the Contract or the Project by an employee of the Contractor, a Subcontractor, supplier, a sub-subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The

Indemnification provisions of § 3.18 of the General Conditions shall apply to the Contractor’s indemnity obligations in regard to such claims.

§ 5.1.1.2 If any Subcontractor, laborer or material man of Contractor or any person or entity directly or indirectly acting for or through it, files a mechanic’s or construction lien or other claim against the Project, the property, or any part thereof, or any improvements thereon or against monies due or to become due from the Owner to Contractor or from Contractor to Subcontractor, for or on account of any work, labor, services, materials, equipment or other items furnished in connection with the Work or any change order in connection with the Work or the Project, the Contractor agrees to satisfy, remove, or discharge such liens or claims at its own expense by bond, payment or otherwise within five (5) days of the date of filing thereof. If the Contractor shall fail to do so, Owner shall have the right, in addition to all of the rights and remedies provided by the Contract Documents or law, to satisfy, remove, or discharge such liens or claims by whatever means Owner chooses at the entire expense of the Contractor, including legal fees. Owner shall have the right to retain out of any payments due or to become due to Contractor a reasonable amount to protect

Owner from any and all loss, damage or expense including attorney’s fees arising out of or relating to any such claim or lien until the claim or lien has been satisfied by Contractor.

§ 5.1.1.3 If any obligations incurred by the Contractor in connection with the Contract are unpaid, whether due or to become due (“payment claim”), the Owner is authorized, upon written notice to the Contractor, to make such payment directly or by joint check at Owner’s option, out of any moneys payable to the Contractor under this Agreement.

Should the Owner give the Contractor written notice of any payment claim, the Contractor shall be estopped from disputing liability for such claim unless, within three (3) business days after such notice, it advises the Owner in writing, by certified mail return receipt requested, that it disputes such claim. If upon receipt of said notice, Contractor does not:

a. Supply evidence to the satisfaction of Owner that the monies owing to the claimant have been paid; or

b. Post a bond indemnifying the Owner and from such lien or claim;

then Owner shall have the right to retain a reasonable amount out of any payments due or to become due to Contractor to protect the Owner from any and all loss, damage or expense including attorneys’ fees arising out of or relating to the satisfaction of any such claim or lien by Owner. In any event, if Owner has reason to believe that labor, material or other obligations incurred in the performance of Contractor’s work are not being paid, Owner may take any steps deemed necessary in Owner’s sole discretion to insure that any progress payment shall be utilized to pay such obligations. The provisions of this section are in addition to any other rights and remedies available to Owner under the Contract.

§ 5.1.1.4 Contractor shall immediately notify Owner of any and all liens filed against the Project by Contractor's subcontractors or by subcontractor’s material men, suppliers, sub-subcontractors, or any person or entity directly or indirectly acting for it or through it, and shall immediately provide Owner with a copy of the lien.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month

§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor as per Article 9 of the General Conditions, and not later than the 30th day of the following month.

§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the

Contractor in accordance with the Contract Documents and approved in writing by the Construction Manager and

Architect. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and

Architect may require. This schedule shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract

Sum allocated to that portion of the Work in the schedule of values, less retainage of Two percent

(2%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Two percent (2%);

.3 Subtract the aggregate of previous payments made by the Owner; and

.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a

Certificate for Payment as provided in Section 9.5 of the General Conditions.

§ 5.1.4.4 Reduction or limitation of retainage, if any, shall be as follows:

(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract

Documents, insert here provisions for such reduction or limitation.)

N/A

§ 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall not be made by the Owner to the Contractor until the following have been completed to Owner’s satisfaction and/or submitted to Owner:

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct

Work as provided in Section 12.2 of AIA Document A232–2009, and to satisfy other requirements, if any, which extend beyond final payment;

.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and

.3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect;

such final payment shall be made by the Owner not more than 30 days after the issuance of the final

Certificate for Payment or Project Certificate for Payment, or as follows:

.4 Supplemental Attachment for Accord Certificate of Insurance – AIA Document G715.

.5 Affidavit of Payments of Debits and Claims – AIA Document G706.

.6 Affidavit of Release of Liens – AIA Document G706A.

.7 Consent of Surety to Final Payment – G707.

.8 Certification of Paid Wages in accordance with NJ Prevailing Wage Act.

.9 Two Year Maintenance Bond in form as bound herein.

.10 As-Built drawings (1 original hard paper copy and 1 pdf on electronic disk / usb thumbdrive).

.11 Maintenance Manuals and Instructions (2 copies and 1 pdf on electronic disk/ usb thumbdrive).

.12 Contractor’s Affidavit stating that the Work has been constructed in accordance with the Contract

Documents.

.13 Final Certificate of Occupancy.

.14 Special written guarantees and warranties in addition to the two-year guarantee covered by

Maintenance Bond. Guarantee shall be signed and sealed by Officer of the Contracting Firm and shall be notarized.

Based upon the above, the billing date for Contractor’s Final Application for Payment and/or release of retainage shall be deemed to be the date that the Final Invoice and all required documentation are received by the Owner or

Construction Manager.

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232–2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.

§ 6.1.1 Disputes regarding whether the Owner has properly made payments pursuant to N.J.S.A. 2A:30A-1 et seq.

may be submitted to a process of alternative dispute resolution.

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232–2009, the method of binding dispute resolution shall be litigation in the Superior Court, Ocean County, or arbitration at Owner’s sole election, as set forth in the Contract Documents.

§ 6.2.1 At the sole and exclusive option of the Owner, any and all disputes arising out of or relating to this Contract or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law. The Contractor’s obligation to arbitrate as provided in this paragraph shall be specifically enforceable under applicable law. The Contractor shall have no right to demand arbitration of any dispute with the Owner without the Owner's written consent. The locale of any arbitration or litigation hereunder shall be Ocean County, New Jersey. Contractor understands that the rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review of an award is limited, but an arbitrator can award the same damages as a court. Contractor understands that by agreeing to arbitrate, it is giving up the right to a trial in court, either with or without a jury, including with regard to all statutory claims.

§ 6.2.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American

Arbitration Association. In the Owner’s sole discretion, arbitration may include, by consolidation or joinder or in any other manner, any party needed in order to settle the entire controversy and provide complete relief in one forum.

§ 6.2.3 Mediation. As a condition precedent to the filing of a Demand for Arbitration or a lawsuit, the parties shall enter into non-binding mediation with a Judge, to be agreed upon by the parties, who has retired from the Courts of the State of New Jersey. The parties shall share equally the costs of mediation. To the extent that mediation is not successful, the filing of a Demand for Arbitration or litigation in accordance with this Section shall not take place until forty-five (45) days have passed following the final mediation session.

§ 6.2.4 Locale. Mediation and Arbitration shall be conducted within Ocean County, New Jersey.

§ 6.2.5 Time Limits On Claims. No action or proceeding, including mediation, litigation, or arbitration, shall be instituted by the Contractor against the Owner for any disputes arising out of this Contract or the breach thereof unless such action or proceeding is commenced within one year after the date when the Contractor's Work is completed, the date the Contractor is terminated, the last date the Contractor supplied labor or materials to the Project, or the date of the issuance of a final Certificate of Occupancy to the Owner, whichever comes first. The Contractor waives all claims and causes of action not commenced in accordance with this Section.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document

A232–2009.

§ 7.1.1 The Owner may, at any time, at will and without cause, order the Contractor in writing to suspend, delay or interrupt any part of Work for any reason whatsoever for such period of times at the Owner may determine by written notice to Contractor specifying the affected part of Work, and effective day of such suspension, delay or interruption.

Contractor shall continue to prosecute the part of Work not thereby affected and shall not be entitled to any additional compensation as a result of the suspension, interruption or delay.

§ 7.1.2 The Work may be suspended or terminated by the Owner without cause even if the Contractor has properly performed pursuant to the Contract, as provided in Article 14 of AIA Document A232-2009.

§ 7.1.3 In case of such termination for the Owner's convenience, the Contractor’s exclusive remedies shall be:

.1 Reimbursement of all actual expenditures and costs approved by the Owner as having been made or incurred in performing the Work; and

.2 Reimbursement of expenditures made and costs incurred with the Owner’s prior written approval in settling or discharging outstanding commitments entered into by the Contractor in performing the Contract.

§ 7.1.4 Upon a determination that a termination of the Contract, other than a termination for convenience under this

Section, was wrongful or improper for any reason, such termination shall be automatically deemed a convenience termination, and the Contractor’s remedies for such wrongful termination shall be limited to the recoveries specified under this Section.

§ 7.2 Termination for Cause

§ 7.2.1 Owner may, without prejudice to any other remedy the Owner may have, terminate the Contract for cause, as set forth here and elsewhere in the Contract Documents, and including and not limited to in any of the following events. If Contractor:

i. Refuses or fails to supply enough properly skilled workers or proper materials or equipment;

ii. persistently or repeatedly fails or neglects to carry out the Work in accordance with the Contract

Documents or otherwise to perform in accordance with this Contract and fails within three (3) days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness (or after one (1) day if Owner deems the circumstances to be emergent);

iii. fails to make proper and/or timely payment to Subcontractors;

iv. fails to submit accurate Certified Payroll;

v. is the subject of an investigation, claim or complaint by the Department of Labor pertaining to the

Project;

vi. disregards laws, ordinances, rules, regulations or orders of a public authority having jurisdiction;

vii. disregards the instructions of Owner, Architect or the Construction Manager (when such instructions are based on the requirements or Contract Documents);

viii. fails to diligently proceed with the Work for a period of seven (7) consecutive days;

ix. fails to discharge any lien claim, whether filed by Contractor or one of its subcontractors or suppliers, within three (3) days of written demand;

x. falls to provide a conditional or unconditional lien waiver as required under the Contract;

xi. is adjudged bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or a trustee or receiver is appointed for Contractor or any of its property, or files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws;

xii. fails, with three (3) days' notice, to resolve any labor dispute, picket, strike, or to otherwise maintain labor harmony;

xiii. allows its insurance to expire;

xiv. fails to provide a lien waiver from a subcontractor or lower tier supplier or sub-subcontractor with an application for payment;

xv. fails to continue its Work when a Claim has been made in accordance with this Agreement;

xvi. fails to furnish the Owner with satisfactory assurances evidencing the Contractor’s ability to complete the

Work in compliance with all the requirements of the Contract Documents;

xvii. assigns or subcontracts its Work in violation of this Agreement; or

xviii. otherwise does not fully comply with the Contract Documents.

Then in any of such events, Owner, may without prejudice to any other rights or remedies of Owner and after giving the Contractor ten (10) calendar days’ written notice (except in cases of emergency in which case no notice shall be required), terminate the services of the Contractor and may: (A) take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor; and/or (B) finish the

Work by whatever reasonable method Owner may deem expedient and in which case the Contractor shall not be entitled to receiver further payment until the Work is finished; and/or (C) make payments directly to subcontractors or suppliers.

If the unpaid balance of the Contract Sum exceeds the expense of finishing the Contractor's Work and other damages incurred by the Owner, such excess shall be paid to the Contractor. If such expense and damages exceed such unpaid balance, the Contractor shall pay the difference to the Owner.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract

Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract

Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below. If none is stated, there shall be no interest on late payments except to the extent required by law.

(Insert rate of interest agreed upon, if any.)

N/A % N/A

§ 8.3 The Owner’s representative:

(Name, address and other information)

§ 8.4 The Contractor’s representative:

(Name, address and other information)

§ 8.5 The Contractor’s representative shall not be changed without ten days written notice to Owner and Owner’s written consent, which will not be unreasonably withheld.

§ 8.6 Other provisions:

Subcontractors for the Project are:

§8.7 Severability

If any part of the Contract Documents or its application to any situation is to any extent invalidated or found to be contrary to law, the remainder of the Contract Documents, and the application to other situations of any provision found invalid as to any given situation shall not be affected thereby.

§8.8 Assignment

The Contract may not be assigned without the Owner’s written consent, which may be withheld in Owner’s sole discretion.

§ 8.8 Audit

Contractor shall keep and maintain full, complete and detailed records of all of its costs. Contractor authorizes the

Owner and independent third parties designated by Owner to inspect and audit, during business hours and after 24-hour notice, of all such records relating to the Project, including and not limited to: payment of subcontractors or suppliers, change orders and scope changes, claims made by the Contractor, and any other matter. Contractor shall preserve such records, books and accounts for a period of three (3) years after the Final Completion Date.

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 9.1.1 The Agreement is this executed AIA Document A132–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition.

§ 9.1.2 The General Conditions are AIA Document A232–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.

§ 9.1.6 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

§ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:

.1 Other documents, if any, listed below:

(List here any additional documents which are intended to form part of the Contract Documents. AIA

Document A232–2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract

Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

Ocean County College Purchasing Department Request for Bid Documents, _______pages, Public

Advertisement Date: _______________, 20___

Drawings by __________Architect, _____________ Set dated __________________, 20___

Specifications by __________Architect,, ____________ Set dated _______________, 20___

ARTICLE 10 INSURANCE AND BONDS

The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document

A232–2009.

(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document

A232–2009.)

Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)

§ 10.1 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Contractor’s Work until the date of final payment and termination of any coverage required to be maintained after final payment to the Contractor, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations overage as specified in the Contract Documents.

§ 10.2 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the

Contractor's Work. These certificates and the insurance policies required by this Article shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment as required elsewhere in the Contract Documents. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Contractor to Owner in writing within three (3) business days of receipt by Contractor.

§ 10.3 · The Contractor shall cause the commercial liability coverage required by the Contract Documents to include:

(l) the Owner, the Architect, and the Construction Manager, and their consultants, as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

This Agreement is entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

Ocean County College

Sara Winchester

Execute VP of Finance and Administration

(Printed name and title) (Printed name and title)