A1150-07 ESH CM Services SOW FINAL 8-15-17 With Exhibits

SCOPE OF WORK
Construction Management Services

for
Comprehensive Renovation and Restoration
of the NJ Executive State House
125 West State Street, Trenton, Mercer County, NJ
Project No. A1150-07
STATE OF NEW JERSEY

Honorable Chris Christie, Governor
Honorable Kim Guadagno, Lt. Governor
DEPARTMENT OF THE TREASURY

Ford M. Scudder, Treasurer
DIVISION OF PROPERTY MANAGEMENT AND CONSTRUCTION

Christopher Chianese, Director
NEW JERSEY BUILDING AUTHORITY

John H. Fisher III, Chairman
Date: August 15, 2017
Document Format Revision (2-8-17)

PROJECT NAME: CM Services for Comprehensive Renovation and Restoration of the NJ Executive State House
PROJECT LOCATION: Trenton, NJ
PROJECT NO: A1150-07
DATE: August 15, 2017
TABLE OF CONTENTS
SECTION PAGE
I. OBJECTIVE .......................................................................................... 6
II. CMF CONSULTANT QUALIFICATIONS ...................................... 6
A. CMF CONSULTANT AND SUB-CONSULTANT PRE-QUALIFICATIONS............................. 6
III. PROJECT BUDGET ............................................................................ 6
A. CONSTRUCTION COST ESTIMATE (CCE) .............................................................................. 6
B. CURRENT WORKING ESTIMATE (CWE) ................................................................................ 6
C. CMF CONSULTANT’S FEES....................................................................................................... 6
IV. PROJECT MILESTONE SCHEDULE .............................................. 7
A. DESIGN AND CONSTRUCTION SCHEDULE .......................................................................... 7
V. PROJECT SITE LOCATION & TEAM MEMBERS ...................... 7
A. PROJECT SITE ADDRESS ........................................................................................................... 7
B. PROJECT TEAM MEMBER DIRECTORY ................................................................................. 8
1. DPMC Representative: ............................................................................................................... 8
2. New Jersey Building Authority Representatives: ....................................................................... 8
VI. PROJECT BACKGROUND ................................................................ 8
A. BACKGROUND ............................................................................................................................ 8
VII. RESPONSIBILITIES ........................................................................... 9
A. GENERAL INFORMATION ......................................................................................................... 9
B. PROJECT STAGES........................................................................................................................ 9
1. Early Bid Packages ..................................................................................................................... 9
2. Comprehensive Renovation and Restoration Project ............................................................... 10
C. STAFF........................................................................................................................................... 10
D. OBLIGATIONS ............................................................................................................................ 10
E. MANAGEMENT PROGRAM ..................................................................................................... 11
F. TRANSFER OF OBLIGATIONS ................................................................................................ 11
G. CMF’S PROJECT COST RECORDS .......................................................................................... 11
H. WEB SITE - RECORDS AND DOCUMENTATION................................................................. 11
I. SCOPE CHANGES ...................................................................................................................... 12
J. CMF SENIOR PROJECT MANAGER ....................................................................................... 12
K. SPECIAL SERVICES .................................................................................................................. 13
L. REPRODUCTION COSTS .......................................................................................................... 13
M. PROJECT DESIGN AND CONSTRUCTION SCHEDULE................................................... 13
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1. Early Bid Packages for Removals and Investigations: ............................................................. 13

2. Comprehensive Renovation and Restoration Project: .............................................................. 14
N. FINANCIAL DATA AND REPORTS......................................................................................... 15
O. PROJECT CORRESPONDENCE ................................................................................................ 15
P. CORRESPONDENCE PREPARATION ..................................................................................... 16
Q. FINANCIAL STATUS REPORT................................................................................................. 16
R. INVOICES .................................................................................................................................... 16
S. CONTRACTOR PREQUALIFICATION .................................................................................... 16
VIII. DESIGN PHASE RESPONSIBILITIES .......................................... 16
A. CONSTRUCTION DOCUMENT REVIEW ............................................................................... 16
1. Document Content .................................................................................................................... 16
2. Building Information Model (BIM) .......................................................................................... 17
3. Division of Work: ..................................................................................................................... 17
4. Alternate Solutions: .................................................................................................................. 17
5. Bid Schedule Adjustment Analysis: ......................................................................................... 18
6. Project Labor Agreement: ......................................................................................................... 18
7. Areas of Conflict: ...................................................................................................................... 18
B. CONTRACTOR SUBMITTAL PROCEDURES ........................................................................ 18
C. SUBMITTAL SCHEDULE/CHECKLIST ................................................................................... 18
D. SAFETY AND SECURITY ......................................................................................................... 18
E. SITE UTILIZATION PLAN ........................................................................................................ 19
F. VALUE ANALYSIS .................................................................................................................... 19
G. PREPARE AND DISTRIBUTE MEETING MINUTES ............................................................. 19
H. SCHEDULE AND CHAIR DESIGN MEETINGS ...................................................................... 19
I. PREPARE CONSTRUCTION COST ESTIMATES ................................................................... 20
J. IDENTIFY LONG LEAD CONSTRUCTION ITEMS ............................................................... 20
K. ORAL PRESENTATION TO NJBA/DPMC PROJECT TEAM ................................................. 20
IX. PERMIT PHASE RESPONSIBILITIES .......................................... 21
X. BID & AWARD PHASE RESPONSIBILITIES.............................. 21
A. BID PACKAGE ............................................................................................................................ 21
B. SCHEDULE & CHAIR PRE-BID CONFERENCE .................................................................... 21
C. PREPARE AND DISTRIBUTE MEETING MINUTES ............................................................. 21
D. ATTEND BID OPENING ............................................................................................................ 21
E. BID REVIEW AND POST BID CONFERENCE ....................................................................... 21
F. RECOMMENDATION TO AWARD.......................................................................................... 22
G ATTEND DIRECTOR’S HEARING ........................................................................................... 22
XI. CONSTRUCTION PHASE RESPONSIBILITIES ......................... 22
A. ADMINSTRATION OF CONTRACTS ...................................................................................... 22
B. REVIEW CONTRACTOR PERFORMANCE AND SCHEDULE ............................................. 22
C. PRO-ACTIVE MONITORING .................................................................................................... 23
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D. PHOTO DOCUMENTATION ..................................................................................................... 23

1.
Background ............................................................................................................................... 23
2.
CMF Responsibilities During Construction and Project Close Out ......................................... 23
E. CERTIFICATION OF PERFORMANCE.................................................................................... 24
F. EVALUATE AND RECOMMEND CONTRACTOR INVOICES ............................................. 24
G. CHANGE ORDER REQUESTS ESTIMATES, LOGS AND ERRORS AND OMISSIONS
RECOMMENDATIONS ...................................................................................................................... 25
1. Change Order Request Folder................................................................................................... 25
2. Cost Estimate ............................................................................................................................ 26
3. Negotiation................................................................................................................................ 26
4. Meetings .................................................................................................................................... 26
5. Change Order Request Log....................................................................................................... 26
H. COORDINATION OF REVISIONS TO THE CONTRACT DOCUMENTS ............................ 27
I. QUALITY ASSURANCE AND QUALITY CONTROL (QA/QC)............................................ 27
J. SAFETY OVERSIGHT ................................................................................................................ 27
K. SECURITY PROGRAM .............................................................................................................. 28
L. LABOR RELATIONS .................................................................................................................. 28
M. SHOP DRAWINGS AND SUBMITTAL PACKAGES .......................................................... 28
N. SUBSTITUTIONS ........................................................................................................................ 29
O. CONTRACTOR REQUESTS FOR INFORMATION (RFI’S) ................................................... 29
P. DAILY LOG ................................................................................................................................. 29
Q. CONSTRUCTION CLAIMS MANAGEMENT .......................................................................... 30
R. CONSTRUCTION SITE MONITORING ................................................................................... 30
S. MONTHLY PROGRESS REPORT ............................................................................................. 30
T. SCHEDULE AND CHAIR JOB MEETINGS ............................................................................. 30
U. DAILY JOB SITE MEETINGS ................................................................................................... 31
V. AVAILABILITY OF MATERIAL AND EQUIPMENT............................................................. 31
W. COMPLIANCE WITH LAWS ................................................................................................. 31
X. INTERPRETATION..................................................................................................................... 31
Y. MONITOR AS-BUILT DRAWING UPDATES ......................................................................... 31
Z. CODE INSPECTION SCHEDULING ......................................................................................... 31
AA. ATTEND INSPECTIONS ........................................................................................................ 31
AB. PUNCHLIST AND CORRECTION OF DEFECTIVE WORK .............................................. 32
XII. BUILDING COMMISSIONING ....................................................... 32
A. GOALS ......................................................................................................................................... 32
B. RESPONSIBILITIES ................................................................................................................... 33
XIII. CLOSE-OUT PHASE ......................................................................... 34
A. PROJECT CLOSE-OUT .............................................................................................................. 34
B. PROJECT CLOSE-OUT DOCUMENTATION .......................................................................... 34
C. FINAL INSPECTION .................................................................................................................. 34
D. WARRANTY INSPECTION ....................................................................................................... 35
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XIV. GENERAL REQUIREMENTS ......................................................... 35

A. SCOPE CHANGES ...................................................................................................................... 35
XV. ALLOWANCES ................................................................................. 35
A. “Early Bid Packages” Allowance ................................................................................................. 35
XVI. SOW SIGNATURE APPROVAL SHEET ....................................... 36
XVII. EXHIBITS ............................................................................................ 37
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I. OBJECTIVE
The objective of this project is to renovate and restore the historic New Jersey Executive State
House and upgrade and modernize building infrastructure systems of the adjacent Legislative
State House. The purpose of this scope of work is to engage a full time Construction
Management Firm (CMF) Consultant to act as the Owner’s Authorized Representative and
perform construction management services for the State of New Jersey, Department of Treasury,
New Jersey Building Authority (NJBA/DPMC) and Division of Property Management and
Construction (DPMC) during design and construction phase activities.
II. CMF CONSULTANT QUALIFICATIONS
A. CMF CONSULTANT AND SUB-CONSULTANT PRE-QUALIFICATIONS

The CMF Consultant shall be a firm pre-qualified with the Division of Property Management &
Construction (DPMC) in the following discipline(s):
• P029 Construction Management

The Consultant shall also have in-house capabilities or Sub-Consultants pre-qualified with
DPMC in:
• P019 Building Commissioning

• P025 Estimating/Cost Analysis
• P030 CPM Scheduling
• P033 Value Engineering
III. PROJECT BUDGET
A. CONSTRUCTION COST ESTIMATE (CCE)

The Construction Cost Estimate (CCE) for this project is $155,000,000.
B. CURRENT WORKING ESTIMATE (CWE)

The Current Working Estimate (CWE) for this project is $214,800,000.
The CWE includes the construction cost estimate and all consulting costs, including but not
limited to, Design Consultant fees, CMF fees, permitting and administrative fees.
C. CMF CONSULTANT’S FEES
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The construction cost estimate for this project shall not be used as a basis for the CMF’s fees.
The CMF’s fees shall be based on the information contained in this Scope of Work document
and the observations made and/or the additional information received during the pre-proposal
meeting.
IV. PROJECT MILESTONE SCHEDULE
A. DESIGN AND CONSTRUCTION SCHEDULE

This project shall be completed in Fifty-Five (55) Months from June 9, 2017, the date the
“Notice to Proceed” (NTP) was issued by DPMC to the Design Consultant.
The project design and construction milestone schedule includes the following:
• Pre-Design Services / Schematic Design Package - Six (6) Months from NTP
• 100% Design Development Package – Three (3) Months from Schematic Design Package
Submission
• 50% Construction Document Package and Preliminary Fit-Out Plans – Two (2) Months
from 100% Design Development Package Submission
• 100% Construction Documentation Package – One (1) Month from 50% Construction
Document Package and Preliminary Fit-Out Plans Submission
• Permit Package – One (1) Month from 100% Construction Document Package
Submission
• Bid Package - One (1) Month from Permit Package Submission
• Procurement/Contract Award Phase - Four-and a half (4.5) Months from Bid package
Submission
• Construction Phase – Thirty-Six and-a-half (36.5) Months from Contract Award
V. PROJECT SITE LOCATION & TEAM MEMBERS
A. PROJECT SITE ADDRESS

The location of the project site is:
Executive State House

State House Complex
125 West State Street
Trenton, Mercer County, NJ 08625
Refer to Exhibit ‘A’.
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B. PROJECT TEAM MEMBER DIRECTORY

The following are the names, addresses, and phone numbers of the Project Team members.
1. DPMC Representative:
Name: Richard Flodmand, Deputy Director

Address: Division Property Management & Construction
33 West State Street, 9th Floor
Trenton, NJ 08608-1206
Phone No: 609-984-3629
E-Mail No: richard.flodmand@treas.nj.gov
2. New Jersey Building Authority Representatives:
Name: Anthony Faraca, Chief of Construction

Address: New Jersey Building Authority
28 West State Street, 6th floor
Phone No: (609) 943-4832
E-Mail No: anthony.faraca@treas.nj.gov
Name: Phil Johnson, Project Manager

Address: New Jersey Building Authority
28 West State Street, 6th floor
Phone No: (609) 984-0681
E-Mail No: phillip.johnson@treas.nj.gov
VI. PROJECT BACKGROUND
A. BACKGROUND
The New Jersey Executive State House (the Executive State House) is the assembled work of
fifteen (15) major building campaigns from 1792 through 1950’s, followed by many renovations,
retrofitting and adaptions over many years to meet growing needs for space. In 2001 a
Preservation Plan was completed to preserve and restore the Executive State House, however
only temporary repair projects have been completed since that time. Over the years,
deterioration continued and those aforementioned temporary repairs have reached their viability.
The State of New Jersey has committed to a comprehensive renovation of the Executive State
House including, but not limited to, exterior envelop restoration and repairs, addressing water
infiltration issues, selective demolition work, life safety issues, HVAC improvements, hazardous
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materials removals, etc. This comprehensive renovation and restoration shall adhere to all of the
guidelines required by the NJSHPO and the Secretary of the Interior for a significant historic
structure.
The Executive State House is a three story structure, with basement, encompassing 130,530
gross square feet.
VII. RESPONSIBILITIES
A. GENERAL INFORMATION
The CMF shall report directly to the New Jersey Building Authority’s Chief of Construction, and
in conjunction with the services of the Design Consultant, already under contract with the
DPMC. The relationship and responsibilities of the CMF with the Design Consultant and the
NJBA/DPMC Project Manager during each phase of the project is identified in Exhibit ‘B’
entitled “NJBA/DPMC Project Management Responsibility Matrix.”
Note that the “NJBA/DPMC Project Management Responsibility Matrix” is not an all-inclusive
listing of tasks and responsibilities of either the CMF, Design Consultant or NJBA/DPMC. The
matrix is intended as an aid to show the relationship of the parties on key tasks and
responsibilities.
The CMF will act as the Owner’s authorized representative during the performance of the CMF
services contract as described in the Agreement between the State of New Jersey and Consultant
for Construction Management (CMF Agreement) and this Scope of Work (SOW).
The CMF is responsible to provide construction management services, as described in the CMF
Agreement, refer to Exhibit ‘C’, and this SOW, for all work relating to this project. The CMF
shall only direct the work of the Contractor(s) after the CMF obtains the concurrence of the
NJBA Chief of Construction.
B. PROJECT STAGES
1. Early Bid Packages
Work on the project has begun or will be underway when the CMF contract is executed. This
work is referred to throughout this scope of work as “Early Bid Packages” and includes:
• Selective Interior Removals and Demolition (1 package)

• Asbestos Abatement and Hazardous Building Materials (HBM) Remediation (1
package)
• Selective Exterior Removals and Demolition
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• Window Frame Removal and Restoration
The CMF’s responsibilities for early bid packages are limited to Construction Phase
Responsibilities, refer to Paragraph XI.
Since work is underway, the specific Construction Phase services required of the CMF for “Early
Bid Packages” cannot be determined until the CMF contract is awarded. Therefore the CMF
shall include an allowance of $250,000 in their fee proposal for services to be determined at a
later date. Refer to Paragraph XV. “Allowances.”
2. Comprehensive Renovation and Restoration Project
A Design Consultant has been engaged and design work for the renovation and restoration of the
Executive State House is underway. This work is referred to throughout this scope of work as
the “Comprehensive Renovation and Restoration Project.”
The CMF’s responsibilities for the Comprehensive Renovation and Restoration Project include
all the tasks and responsibilities noted in this scope of work but does not include any
responsibilities for architectural or engineering services covered by the contract with the Design
Consultant for the Comprehensive Renovation and Restoration Project
C. STAFF
The CMF services consist of those services performed by the CMF, the CMF’s employees and
the CMF’s Sub-Consultants. The CMF shall utilize the key staff members identified in their
Technical Proposal. The CMF shall notify the NJBA/DPMC in advance of any proposed change
in its key staff members identified in its proposal. The CMF shall submit to the NJBA/DPMC
for approval the name and qualifications of a proposed replacement with equal or superior
qualifications at no additional cost to the NJBA/DPMC. No change shall take effect unless the
NJBA/DPMC approves the change in writing.
D. OBLIGATIONS
The CMF shall be responsible for satisfying all of the listed obligations regardless of when they
occur during the project. The CMF will assume primary responsibility for day-to-day
management and oversight construction management including, but not limited to, cost
estimating and reconciliation of value analyses, scheduling, contractor contract compliance,
purchase of equipment, commissioning, facility testing and staff training. In addition, the CMF
will provide technical support for NJBA/DPMC decisions regarding Contractor selection, change
order request control and Contractor(s) claims, progress payments and final acceptance and
Contractor(s) claims management.
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The CMF shall be responsible for satisfying all of the obligations described in the CMF
Agreement and this SOW, even if such obligations are not addressed in the CMF’s technical
proposal. This document establishes the obligations of the CMF which obligations may be
supplemented by the CMF in its technical proposal. If the services promised in the CMF’s
technical proposal exceed those described in the CMF Agreement and this SOW, then the CMF
shall be responsible for satisfying the additional obligations described in its technical proposal.
E. MANAGEMENT PROGRAM
The CMF shall provide its services under the supervision of the NJBA/DPMC and in conjunction
with the services of the Design Consultant already under contract with DPMC. The CMF shall
establish and implement a comprehensive management program with procedures for
coordination among NJBA/DPMC, the Design Consultant, the Contractor(s) and the CMF with
respect to all aspects of the Project.
F. TRANSFER OF OBLIGATIONS
The CMF Agreement contemplates personal services by the CMF. The CMF shall not assign or
transfer its obligations or rights under the CMF Agreement and this SOW without the prior
written consent of the NJBA/DPMC.
G. CMF’S PROJECT COST RECORDS

The CMF shall agree to maintain and retain payroll, cost and accounting records with respect to
this project as they customarily retain and produce them for their business generally, and in
accordance with generally accepted accounting principles and practices. Upon three (3) days
written notice, all such records shall be made available to the NJBA/DPMC for inspection for a
period of three (3) years after final payment is received by the CMF. No CMF claims for
additional compensation shall be payable unless supporting cost records are furnished upon
request and claimed costs are substantiated and approved.
The CMF shall retain copies of the cost records for a period of three (3) years after final payment
is received by the CMF. After this period, the CMF may dispose of these records after first
offering them to the NJBA/DPMC in writing, at no additional cost. NJBA/DPMC shall reply to
the CMF within thirty (30) days as to the desired disposition of the cost records.
H. WEB SITE - RECORDS AND DOCUMENTATION

The CMF shall establish and maintain throughout the duration of the project, an internet based
Construction Management Document Management System (referred to as “web site” throughout
this scope of work) utilizing commercially available construction management software. The
CMF shall grant full access to the web site to the NJBA/DPMC, Design Consultant and to
Contractors as appropriate to complete the tasks required of them.
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All project records and documentation is to be maintained on the web site including, but are not
limited to:
• Project schedule
• Drawings
• Specifications
• Submittals
o Transmittal letters
o Shop drawings
o Materials
o Equipment
o Catalog cuts
o Test reports
• Contracts
• Contractor certified pay roll records
• Requests for information (RFI’s)
• Change order requests
• Invoices
• Correspondence
• Inspection reports
• Meeting minutes
• Safety reports
• Financial Status Reports (FSR’s)
At the completion of the project the CMF shall provide a copy of all records stored on the web
site in an electronic medium acceptable to the NJBA/DPMC in both the native file format and
Adobe “.pdf” file format.
CMF shall identify the software they propose to utilize for the “web site” in their technical
proposal.
I. SCOPE CHANGES
The CMF shall promptly notify the NJBA/DPMC of any changes to the scope of services, which
increase or decrease the CMF’s services, or both. No such change in scope shall be performed
by the CMF, absent prior written approval by the NJBA/DPMC. Notice of request for additional
compensation shall be given to the NJBA/DPMC within ten (10) working days of the event
giving rise to such a request with accompanying justification for the change and a detailed
breakdown of the basis for the costs.
J. CMF SENIOR PROJECT MANAGER
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The CMF shall assign at least one (1) Senior Project Manager who shall attend all meetings as
required under the CMF Agreement. The CMF shall otherwise provide sufficient executive,
supervisory, technical and management personnel in the field and home office to carry out the
requirements of the CMF Agreement and this SOW in an expeditious and economical manner
consistent with the interests of the NJBA/DPMC.
K. SPECIAL SERVICES
If requested, the CMF shall assist the NJBA/DPMC in selecting, retaining and coordinating the
professional services of surveyors, special consultants, security consultants and testing
laboratories and specialty inspections.
L. REPRODUCTION COSTS
Reproduction costs for CMF produced documents shall be at the CMF’s expense.
M. PROJECT DESIGN AND CONSTRUCTION SCHEDULE

The CMF shall develop, manage and maintain a detailed cost loaded and resource loaded project
schedule for both the design phase and construction phase activities of the project utilizing a
software program that is based on the critical path method of scheduling. The schedule shall
reflect the project design and construction milestone schedule in Paragraph IV.A, “Design and
Construction Schedule”.
CMF shall identify the software they propose to utilize for the Project Design and Construction
Schedule in their technical proposal.
1. Early Bid Packages for Removals and Investigations:
The Contractor(s) will develop the construction schedules for Early Bid Packages for:
• Selective Interior Removals and Demolition (1 package)

• Asbestos Abatement and Hazardous Building Materials (HBM) Remediation (1
package)
• Selective Exterior Removals and Demolition
• Window Frame Removal and Restoration
The CMF shall monitor the Contractors schedule in accordance with Paragraph XI.
“Construction Phase Responsibilities” for these Early Bid Packages.
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No schedule development is required of the CMF for these Early Bid Packages. However,
the CMF shall incorporate the Contractor(s) schedule milestones into the project schedule to
provide a record of the overall project.
2. Comprehensive Renovation and Restoration Project:
a) Design Phase Schedule
Within ten (10) working days of the issuance of “Notice to Proceed,” the CMF shall meet
with the Design Consultant to review the Design Schedule for the design of the project.
The Design Phase Schedule shall serve as the basis for monthly progress payments to the
Design Consultant. The activity/task costs shall reflect a fair and reasonable prorating of the
contractual design fee and shall total the Design Consultant’s contract amount.
On a biweekly basis, the CMF shall meet with the Design Consultant to review the design
status and update the design schedule. If the Design Schedule updating shows design
slippage attributable to the Design Consultant, the CMF shall meet with the Design
Consultant to develop a recovery plan to regain any unauthorized lost time.
Biweekly schedule updates of the Design Schedule shall be utilized to calculate the Design
Consultant’s monthly payment requisition based upon the progress reported for the month.
The level of progress/activity completion calculated from the schedule update shall be
transferred to the Consultant payment request form by the Design Consultant and together
with Design Consultant’s invoice format under its current contract, shall constitute the
Design Consultant’s monthly payment requisition.
b) Construction Phase Schedule Development
During the Design Phase, the CMF shall develop a Construction Schedule for use by the
project team and Contractor. This schedule shall be included in the construction bid
solicitation package for informational purposes.
Based on the CMF’s manpower, equipment, materials requirements analysis and cost
estimate, the schedule shall be cost and resource loaded. The activity/task costs shall reflect
a fair and reasonable value of the work and shall total the construction cost estimate.
The level of detail for this schedule shall be determined by the CMF and shall include, at a
minimum, each activity/task required to complete the work, advertise, bid and award
activities/tasks, equipment and material submittals and approvals, equipment and material
procurements, project completion milestones, inspections, testing and commissioning
activities, and project close out activities. The schedule shall also include activities/tasks for
the review and approval of submittals by the CMF, Design Consultant and NJBA/DPMC.
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Each schedule activity/task shall include, but not be limited to:
• Detailed activity/task description

• Activity/task duration
• Activity/task sequencing, relationships
• Activity/task “float” (Identify if the activity/task is on the schedule critical path)
• Manpower required for each activity/task, by trade
• Equipment and material required for each activity/task
• Cost to complete each activity/task
c) Construction Phase Schedule
The schedule developed by the CMF shall be included in the construction bid solicitation
package for informational purposes.
Upon award of the construction contract the CMF shall meet with the Contractor to assist the
Contractor in the development of the Contractor’s schedule to reflect the contractors
approach to the work, manpower, equipment and material requirements and cost for each
activity/task. The sum of all activity/task costs shall equal the value of the construction
contract.
The CMF and Contractor shall approve the construction schedule and submit it to
NJBA/DPMC for final approval.
On a bi-weekly basis, the CMF shall meet with the Contractor to review the project status
and update the schedule. If the schedule updating shows project slippage, the CMF shall
meet with the Contractor to develop a recovery plan to regain any unauthorized lost time.
Each bi-weekly schedule update of the Construction Schedule shall be utilized to calculate
the Contractor’s monthly payment requisition based upon the progress reported for the
month, and the approved activity costs. The costs calculated from the schedule update shall
be transferred to the Contractors payment request form by the Contractor and shall constitute
the Contractors monthly payment requisition.
N. FINANCIAL DATA AND REPORTS

The CMF shall, through the use of generally acceptable accounting practices, develop a cost
control reporting system including financial data required to monitor progress of cost versus
budget for the project. Cost control reports shall be maintained on the “web site”.
O. PROJECT CORRESPONDENCE
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The CMF shall maintain on the “web site” images of all correspondence between the CMF,
NJBA/DPMC and Contractor(s) in a structured data base format that facilitates easy retrieval and
includes, but is not limited to, subject matter, date, recipient and, sender in a manner approved by
the NJBA/DPMC.
P. CORRESPONDENCE PREPARATION
At the request of the NJBA/DPMC’s Representative, the CMF shall prepare detailed and
accurate written correspondence to the Contractor(s) and/or others.
Q. FINANCIAL STATUS REPORT

The CMF shall prepare, maintain and submit the updated Financial Status Report (FSR) to the
NJBA/DPMC by the first of each month. The NJBA/DPMC will supply the FSR template to the
CMF, refer to Exhibit ‘D’.
R. INVOICES
On a monthly basis, the CMF shall track, review, recommend for approval or amendment, and
forward to the NJBA/DPMC, the invoices of the consultants and contractors engaged by the
NJBA/DPMC. The CMF shall assist the NJBA/DPMC in any disputes or negotiations with the
NJBA/DPMC’s consultants and contractors.
S. CONTRACTOR PREQUALIFICATION
Contractors submitting bids for construction shall be specially prequalified prior to bidding. The
CMF, in conjunction with the Design Consultant and NJBA/DPMC shall develop the special
prequalification criteria and forms, review each contractor prequalification application and
provide a recommendation to NJBA/DPMC on the applicant’s ability to complete the work
included in this project.
VIII. DESIGN PHASE RESPONSIBILITIES

Note that Design Phase Responsibilities apply to the Comprehensive Renovation and
Restoration Project only.
A. CONSTRUCTION DOCUMENT REVIEW

Review all documents for clarity, consistency, constructability, and completeness during the
Design Phase of the project. Review items shall include, but not be limited to the following:
1. Document Content:
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Provide advice regarding site use and improvements, selection of materials, building systems
and equipment, and methods of project delivery appropriate to the renovation/restoration of a
significant historic structure subject to the standards of the New Jersey State Historic
Preservation Office (SHPO) and the United States Secretary of the Interior. Provide
recommendations to the Project Team members on relative feasibility of construction
methods, availability of materials and labor, time requirements for procurement, installation
and construction, and factors related to cost including, but not limited to, cost of alternative
installation methods, procedures or materials, preliminary budget and possible economics.
2. Building Information Model (BIM)
A building information model (BIM), utilizing Autodesk’s Revit Architecture software, will
be used throughout the Project, including all phases of design.
The Design Team will make the BIM available to the CMF for review, and provide periodic
updates throughout the design phases of the Project. Upon completion of the construction
documentation, the BIM will be turned over to the CMF to be utilized throughout the
construction phase of the work.
During construction, the BIM will be used by the CMF, the General Contractor, all
subcontractors and specialized trades for the preparation of coordination documents, shop
drawings, submittals, and other construction phase documentation, including preparation of
“as-built” documentation.
The CMF will review the General Contractors and all subcontractors’ trades’ ongoing
preparation of as-built documentation to determine and enforce the preparation of all “as-
built” documentation effort utilizing the BIM model.
3. Division of Work:
Make recommendations regarding the division of work in the drawings and specifications to
facilitate the bidding and awarding of construction contracts allowing for phased construction
and taking into consideration such factors as the legal requirements of construction
contracting methods, time of performance, and availability of labor and work areas,
overlapping jurisdictions and provisions for temporary facilities.
4. Alternate Solutions:
Review the contract documents as they are being prepared and recommend alternate
solutions whenever design details affect project cost, constructability and bid-ability without,
however, assuming any of the Design Consultant’s responsibilities to provide sound design
and properly prepared contract documents.
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5. Bid Schedule Adjustment Analysis:
The CMF shall conduct, with assistance from the Design Consultant, an analysis to
determine if one or more trades should be advertised as other additional separate early bid
packages to compress the project schedule.
6. Project Labor Agreement:
The CMF is responsible for reviewing and becoming completely familiar with the
requirements of the new Project Labor Agreement (PLA) Law N.J.S.A. 52:38-1 and
compliance with all of the responsibilities related to that Law and obligations defined in the
Project PLA.
7. Areas of Conflict:
Review the drawings and specifications with the Design Consultant to eliminate areas of
conflict and overlapping in the work to be performed by the various Contractors.
B. CONTRACTOR SUBMITTAL PROCEDURES

The CMF, in conjunction with the Design Consultant, shall develop procedures for the review
and approval of all Contractor required submittals utilizing the BIM/Revit model. The procedure
shall include, but not be limited to, requirements for the contractor to submit all submittals to the
CMF; the CMF to review the submittal and approve for coordination prior to forwarding to the
Design Consultant for review and approval; the Design Consultant returning the submittal to the
CMF and the CMF returning the submittal to the Contractor. The “Contractor Submittal
Procedures” shall be included in Division 1 of the specifications. Refer to paragraph XI.N, “Shop
Drawing and Submittal Packages.”
C. SUBMITTAL SCHEDULE/CHECKLIST
The CMF, in conjunction with the Design Consultant, shall prepare and include in Division 1 of
the Specifications a schedule/checklist of all submittals required for the contract. The
schedule/checklist shall identify the general conditions and/or specification section and the type
of submittal required. The schedule/checklist shall be prepared during the design phase of the
project as the specifications are being developed.
D. SAFETY AND SECURITY

Provide recommendations and information regarding the assignment of responsibilities for safety
and security precautions and programs, general hoisting and crane operations, temporary project
facilities, access to the construction work and equipment, materials and services for common use
of Contractors. Provide the Design Consultant with the requirements and assignments of
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responsibilities for safety and security precautions to be included in Division 1 of the

specifications.
E. SITE UTILIZATION PLAN

Provide a proposed site utilization plan of the entire construction site; illustrating areas available
for Contractor construction access and trailer areas, access to adjacent facilities and related
materials. The plan should illustrate the varying site utilization over the major construction
phases of the project. Recommend the extent, location and configuration of temporary
construction support facilities and coordinate with the various Contractors. The CMF may also
consider use of available office space near the Capital Complex or nearest proximity during their
contract term.
F. VALUE ANALYSIS
Provide Value Engineering (VE) services for the project at appropriate times in the design
phases, as indicated in the Design Consultant Contract, and as part of reconciling the cost
estimates provided by the Design Consultant. VE services shall be performed in accordance
with the recommendation of the Society of American Value Engineers (SAVE). VE services are
to include, but not be limited to, mechanical systems, roofing systems, finishes, energy
management systems, lighting and power systems and site work. Such studies shall include life
cycle costs, maintainability and operability considerations as well as the requirements of the
SHPO and the Secretary of Interior standards for significant historic structures, the 30 year life
expectancy for the project, impacts on the historic and architectural integrity of the building and
the long term considerations for future maintenance and repairs of the building.
G. PREPARE AND DISTRIBUTE MEETING MINUTES

The CMF shall be responsible for the preparation and distribution of meeting minutes, with the
review and assistance of the Design Consultant, within two (2) working days of all meetings.
The meeting minutes shall be distributed to all attendees and those persons specified to be on the
distribution list by the NJBA/DPMC. The format to be used for the minutes shall be jointly
developed by the CMF, Design Consultant, and NJBA/DPMC. All meeting minutes are to have
an “action” column indicating the party that is responsible for the action indicated and a deadline
to accomplish the assigned task. These tasks must be reviewed at each meeting until it is
completed and the completion date shall be noted in the minutes of the meeting following the
task completion. All meeting minutes shall be maintained for reference on the “web site.”
H. SCHEDULE AND CHAIR DESIGN MEETINGS

The CMF shall schedule and chair all design meetings.
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I. PREPARE CONSTRUCTION COST ESTIMATES

The Design Consultant shall prepare and include with each design deliverable package identified
in paragraph IV.A. “Design and Construction Schedule”, a construction cost estimate in CSI
format with supporting documentation.
Independently, the CMF shall prepare and submit to NJBA/DPMC construction cost estimates,
in CSI format with supporting documentation, based on the design documents prepared by the
Design Consultant at or just prior to the completion of the design deliverable packages noted in
paragraph IV.A. “Design and Construction Schedule.” Estimates are to be in sufficient detail
appropriate to the design phase of the project as recommended by the American Society of
Professional Estimators. Refer to paragraph VIII. E, Value Analysis, for criteria and assessment
considerations to be used in each cost estimate and accompanying value engineering
recommendations.
The CMF shall make recommendations for corrective action if it appears that the construction
cost estimate (CCE) may exceed the project budget.
The construction cost estimate shall be submitted to NJBS/DPMC within 5 working days after all
documentation upon which the estimate is based is provided to the CMF. Within 5 working days
following receipt of the cost estimate from the Design Consultant, the CMF shall prepare a
reconciliation of the differences in the two estimates, and participate in a meeting with the
NJBA/DPMC and the Design Consultant team to reconcile its estimate with the estimate
prepared by the Design Consultant. The CMF shall provide a detailed analysis defining any cost
estimate differentials and together with the Design Consultant, prepare recommendations for cost
reduction initiatives that may be required. The recommendations accepted by the NJBA/DPMC
shall be used by the Design Consultant in the preparation of the next design phase documents.
All cost estimates shall be adjusted as applicable for regional location, site factors, construction
phasing, building use group, location of work within the building, temporary swing space, and
inflation factors based on the year in which the work is to be performed.
J. IDENTIFY LONG LEAD CONSTRUCTION ITEMS

The CMF and Design Consultant shall identify all project long lead items and the CMF shall
coordinate their procurement and installation so they will not have a negative impact the project
cost or schedule.
K. ORAL PRESENTATION TO NJBA/DPMC PROJECT TEAM
• Early Bid Packages – No Presentations.
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• Comprehensive Renovation and Restoration Project - The CMF and Design

Consultant shall make an oral presentation to the NJBA/DPMC Project Team at the
completion of the design deliverable packages identified in the Design Consultant
Contract for each design phase of the project.
IX. PERMIT PHASE RESPONSIBILITIES

Become familiar with all of the permits and approvals required for the project. Assist in
obtaining building permits and all special permits for permanent improvements. Verify that the
Design Consultant has determined the amount of all applicable fees and assessments. Assist in
obtaining approvals from authorities having jurisdiction over the project.
X. BID & AWARD PHASE RESPONSIBILITIES
A. BID PACKAGE
The CMF shall assist the Design Consultant in the preparation of all bid package documents
including, but not limited to the following: Signed and Sealed Drawings and Specifications, Bid
Proposal forms, Notice of Advertising form, Current Working Estimates, Schedule, Bulletins,
etc.
B. SCHEDULE & CHAIR PRE-BID CONFERENCE

The CMF shall schedule and chair the Contractor pre-bid meetings as may be required, at the
project site. Assist the Design Consultant to respond to technical questions asked by the bidders,
discuss project logistics, project phasing requirements, project scheduling, and mandatory project
milestones. Prepare Bulletins for distribution by NJBA/DPMC.
C. PREPARE AND DISTRIBUTE MEETING MINUTES

Prepare and distribute meeting minutes related to all procurement meetings. All procurement
meeting minutes shall be maintained for reference on the “web site.”
D. ATTEND BID OPENING

Attend the bid opening at the DPMC conference room and assist NJBA/DPMC in evaluating the
bids and proposals.
E. BID REVIEW AND POST BID CONFERENCE

The CMF, in conjunction with the Design Consultant and NJBA/DPMC staff, shall review the
bid proposal from the apparent low bidder(s) for each bid package. The CMF shall then
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schedule and chair the Contractor post-bid conference to review the contractors bid, proposed
sub-contractors, material suppliers, and any substitutions the contractor may propose.
The CMF shall provide NJBA/DPMC with an analysis of the construction cost estimate (CCE)
versus the Contractor’s actual bid, with explanations for the differences in price.
F. RECOMMENDATION TO AWARD
Upon completion of the post bid conference, the CMF shall prepare a “Letter of
Recommendation” to award the contract to the firm submitting the low responsible bid. The
“Letter of Recommendation” shall be provided to NJBA/DPMC within five (5) working days of
the bid opening. The letter shall be in a format approved by NJBA/DPMC.
G ATTEND DIRECTOR’S HEARING

Attend any Director’s hearing meeting and assist the Design Consultant to interpret the design
documents if a Contractor submits a bid protest to the DPMC Director.
XI. CONSTRUCTION PHASE RESPONSIBILITIES

The CMF shall provide administrative, management and related services as required to monitor
that the Contractor(s) complete the project in accordance with their contractual obligations
defined in the “Agreement between the State of New Jersey and the Consultant for Construction
Management Services” and the NJBA/DPMC’s objectives for cost, time, and quality. The CMF
shall include the development and implementation of procedures described in the Agreement and
for the tasks and/or programs including, but not limited to the following:
A. ADMINSTRATION OF CONTRACTS
Become familiar with the contractual obligations of all entities doing the work for the project.
Provide administration of construction contracts, contracts for furniture, fixtures, equipment and
other contracts and purchase orders.
B. REVIEW CONTRACTOR PERFORMANCE AND SCHEDULE

Monitor the work of the Contractor(s) and keep the NJBA/DPMC informed of the progress of
the work on a daily basis and insure all work is in compliance with the contract documents.
On the basis of on-site inspections, the CMF shall endeavor to guard the NJBA/DPMC against
defects and deficiencies in the work and to achieve satisfactory performance of the work by each
of the Contractors. Recommend courses of action to the NJBA/DPMC when contract
requirements are not being fulfilled and the non-performing party does not take immediate
corrective action.
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C. PRO-ACTIVE MONITORING
Provide pro-active participation in monitoring and verification that all schedule activities are
occurring in accordance with the approved CPM Construction schedule. Pro-active verification
may include phone calls to suppliers or vendors in order to confirm placement of orders, obtain
invoice documentation, shipping data and any other actions, review submission of submittals to
determine adherence to approved submittal schedule and contact contractors not adhering to such
requirements, and other actions required to insure all schedule activities are occurring in
accordance with the approved schedule.
D. PHOTO DOCUMENTATION
1. Background
The Executive State House is a significant historic resource. A detailed photographic record is
expected to be in place recording its condition before, during and at the completion of the
comprehensive renovation and restoration project.
The building has been vacated and all furniture, equipment and extraneous items have been
removed. The Design Consultant is undertaking comprehensive photographic documentation of
the exterior and all areas of the interior to capture the “as-found” condition of the building. A
photographic protocol based on Historic American Building Survey [HABS] standards has been
established. This photographic record utilizes high resolution perspective corrected digital
architectural photography. This record will be in place as part of the Schematic Design
submission prepared by the Design Consultant. This record will be supplemented with
additional photography following the completion of the Selective Interior Removals and
Demolition and Asbestos Abatement and Hazardous Building Materials (HBM) Remediation
early bid packages.
During construction, this photographic record will be expanded to include progress photographs
matching views capturing all key stages of the construction work and additional photographs
capturing new salient features.
Two parallel photographic activities will be in place during the construction phase of the project,
with the first record provided by the Design Consultant, and the second will be performed by the
Contractor under the supervision of the CMF. The protocol for this documentation will be
delineated in detail in the specifications contained in the bid documents.
2. CMF Responsibilities During Construction and Project Close Out
The CMF shall:

• Maintain a record of all areas that need to be photo-documented during construction.
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• Notify the Design Consultant two weeks ahead of schedule that specific construction
activities will be performed so that they can be photo-documented.
• Monitor and enforce adherence by the Contractor of submissions of the required photo-
documentation as required by the contract documents on a weekly basis.
• Maintain a digital record of all progress photographs on the “web site” throughout the
entire construction phase of the project. Photographs shall include a brief description of
the work, date and time the photo was taken.
• Assist the Design Consultant at the completion of the project in undertaking the
cataloging of the comprehensive photo documentation of the completed project.
E. CERTIFICATION OF PERFORMANCE
The CMF shall sign the NJBA/DPMC “Certification of Performance” document each week, refer
to Exhibit ‘E’. The CMF certifies by their signature that the work performed by the
Contractor(s) during the month has met any and all requirements for Quality Control and Quality
Assurance as they relate to all equipment, materials, and construction systems currently being
installed. Also that all equipment, materials, and construction systems are being installed in
accordance with the Contract Specifications, Contract Construction Drawings, and Design
Consultant approved submittals. In addition, the CMF certifies that a safety oversight program
has been implemented to comply with all Federal, State and Local Safety Authorities, insurance
requirements, and any local County, Municipal, and Union health rules and regulations.
F. EVALUATE AND RECOMMEND CONTRACTOR INVOICES

Through the use of the approved cost loaded Construction Schedule and monthly updating of
same, the CMF shall review all applications for payment and/or invoices submitted by the
Contractor for progress payments, reduction in retainage, final payment, and all other requests
for payment in accordance with the requirements of the Contractor’s Contract. Following such
review, the CMF shall submit to the Design Consultant for review, with recommendations to the
NJBA/DPMC for disposition thereof in accordance with the NJBA/DPMC’s procedures,
certifying same, and shall whenever appropriate, make specific recommendation to the
NJBA/DPMC concerning the denial or reduction of any payment of the Contractors monthly
requisition or other request for payment should the CMF have cause to be dissatisfied with the
Contractor’s performance under its contract.
The CMF’s certification for payment shall constitute a representation to the NJBA/DPMC, based
on the CMF’s determinations at the site and on the data comprising the Contractor’s application
for payment, that, to the best of the CMF’s knowledge, information and belief, the work has
progressed to the point indicated and the quality of the work is in accordance with the
Contractor’s contract documents.
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G. CHANGE ORDER REQUESTS ESTIMATES, LOGS AND ERRORS AND

OMISSIONS RECOMMENDATIONS
Review, evaluate and make specific written recommendations regarding change order requests.
The CMF shall assess change order requests for validity; merit, cost, and utilizing the approved
schedule, to perform a schedule impact analysis to determine the effect, if any, the change order
request will have on the milestones and completion date of the project.
The CMF shall attend and actively participate at administrative hearings and conferences or
settlement conferences in connection with such claims upon request by the NJBA/DPMC. The
CMF shall, upon request of the NJBA/DPMC, assist in the preparation and presentation of its
defense, counterclaim or other position in connection with any claim by or against the
NJBA/DPMC during any lawsuit.
1. Change Order Request Folder
The CMF shall prepare a change order request folder that contains detailed documentation
including, but not limited to, the Contractor submitted DPMC 9b, with supporting cost and
labor rate justifications, and any appropriate drawings and/or specifications.
Additionally, the CMF shall prepare and include in the folder, a detailed description of the
reason for the change order request, their independent cost estimate, a cost analysis of the
Contractor’s submitted proposal, a schedule impact analysis, a contractor entitlement
statement, and a recommendation for approval or denial or negotiation.
The CMF is to provide this information in a letter to the NJBA/DPMC, formatted as

described below. This information shall then be reviewed by the Design Consultant and with
the Design Consultant’s input, provided to NJBA/DPMC. It shall include separated
highlighted sections detailing the following:
REASON FOR CHANGE

This section should include a detailed explanation of the change order request with
emphasis on the specifications, plans, and any other relevant project documentation or
issue history. A classification of the change order request is required.
CONTRACTOR ENTITLEMENT
A statement as to why the contractor is or is not entitled to the change order request is
required. The basis for this determination of entitlement will be the contract documents.
COST ANALYSIS
This section should show a comparative analysis between the contractors cost estimate
and the CMF’s independent cast estimate. Any difference in estimates should be noted
and explained. A statement indicating fair market costs, acceptable labor practices, and
approval of the contractor’s cost estimate is to be made.
SCHEDULE IMPACT
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If the contractor is declaring an impact to the schedule, it is to be analyzed by the CMF.

A statement regarding agreement or disagreement is to be made.
RECOMMENDATION
The CMF’s recommendation will be based on all of the above and will clearly state either
approval in the full amount, approval as negotiated in the past (include details of the
negotiation), or that the change order request must be negotiated, or rejection (include
substantiating details).
If the change order request is negotiated, the CMF shall prepare a “Record of Negotiation” to
be included in the change order request folder.
The folder shall be forwarded to the NJBA/DPMC within ten (10) working days from receipt
of the Contractor’s change order request. If the change order request folder contents are
deemed insufficient by the NJBA/DPMC, they shall be revised and resubmitted, by the CMF,
at no additional cost to the State.
2. Cost Estimate
The CMF shall provide the NJBA/DPMC with their independent detailed breakdown of all
costs associated with the change order request, i.e. material, labor, equipment, overhead,
Sub-Contractor work, profit and bond, and certification of increased bond. The estimate
shall be in CSI format.
The CMF shall provide immediate response to a “not to exceed” cost proposal submitted by
the Contractor in the case of emergent situations.
3. Negotiation
If a negotiation of the change order request is necessary, the CMF shall assist NJBA/DPMC
in negotiating the change order request cost estimate submitted by the Contractor. The CMF
will obtain a new change order request 9b form from the Contractor reflecting the negotiated
amount and include this, along with the original 9b form, in the folder submitted to the
NJBA/DPMC.
4. Meetings
The CMF, along with the Design Consultant, shall attend and actively participate at all
administrative hearings or settlement conferences in connection with such change order
requests.
5. Change Order Request Log
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The CMF shall maintain a Change Order Request Log on the “web site” to track the status of
all project change order requests. The Change Order Request Log shall include, but not be
limited to, entries for the Contractor’s tracking number, the State’s tracking number, the
value of the change order request (with running total), separate Error/Omission/Scope
designations (with running totals), the approval/denial/cancellation status of the change
order request, and payment status.
H. COORDINATION OF REVISIONS TO THE CONTRACT DOCUMENTS

Provide coordination of revisions or changes to the Contract Documents to be made by the
Design Consultant as required in response to unexpected site conditions or approved scope
changes.
I. QUALITY ASSURANCE AND QUALITY CONTROL (QA/QC)

Develop a QA/QC program including methods and frequency of inspections. Provide all
supervisory and inspection staff at the job site necessary to verify that the project is properly
constructed in strict accordance with the contract documents, the Schedule and within budget.
On the basis of on-site inspections, the CMF shall recommend rejection of work that does not
conform to the requirements of the contract documents. As part of this task, the CMF shall also
monitor the Construction Contractor(s) quality control operations/inspections. Staff the
necessary field offices with qualified personnel assigned to carry out QA/QC on each work
package or trade.
The CMF shall coordinate and participate in the required code inspections with the Contractor(s)
and/or other State Agencies. The CMF shall immediately notify the NJBA/DPMC of any code
inspection failures and schedule the necessary corrective action and re-inspection of the work to
minimize the impact, if any, to the progress of the work and completion of the project as
scheduled.
J. SAFETY OVERSIGHT
The CMF shall, on a continuous basis, monitor the Contractor(s) site safety program to ensure
compliance. If it is found the Contractor(s) is not in compliance with said program then the
CMF shall immediately notify the Contractor(s) and the NJBA/DPMC in writing of the
deficiencies.
The CMF shall meet with the NJBA/DPMC’s Representative to review the non-compliance
issues and proceed in a manner as directed by the NJBA/DPMC to ensure compliance with the
site safety program. The CMF will maintain a complete record of all safety related incidents and
submit monthly Safety Reports to the NJBA/DPMC.
All monthly safety reports shall be maintained for reference on the “web site.”
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K. SECURITY PROGRAM
The CMF shall, in conjunction with the New Jersey State Police, develop, implement and
manage a security program to ensure that unauthorized individuals do not enter the site and that
the project site is not vandalized.
In coordination with the New Jersey State Police, the CMF shall establish background check
protocols and clearance criteria that must be met in order for any and all individuals to be
granted site access.
The CMF shall, in conjunction with the Design Consultant, include site access requirements and
procedures in Division 1 of the specifications.
The security program shall include, but not be limited to:
• Employee Background Checks – all CMF, contractor, subcontractor, consultant and

subconsultant personnel entering the project site shall have a background check
completed and approved by the New Jersey State Police before site access can be
granted.
• Employee Identification – Upon approval of the back ground check by the New Jersey
State Police, personnel entering the project site shall be issued a photo identification
badge/access card.
• Site Access Control – CMF shall install, operate and maintain card access systems at all
entrances to the project site. Card access systems shall be capable of identifying
everyone on site at any given time.
L. LABOR RELATIONS
Monitor overall labor issues and render assistance to the NJBA/DPMC, upon the NJBA/DPMC’s
request as may be appropriate in labor and PLA issues affecting the project. Refer to Exhibit
‘F’, Project Labor Agreement.
M. SHOP DRAWINGS AND SUBMITTAL PACKAGES

The CMF shall be responsible for monitoring, receiving, cataloging, logging, and processing of
all Contractor submittals including, but not limited to, shop drawings, samples, product data,
operations manuals, warrantees, project closeout documentation, and all other submittal
packages utilizing the BIM backgrounds and set ups in conformance with the project
specifications. The CMF shall first review each submittal package for completeness and
compliance with the specifications, as well as coordination among trades and general
conformance with design documents, rejecting incomplete Submittal Packages before forwarding
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to the Design Consultant for review. The CMF shall return to the Contractor(s) all Design
Consultant reviewed Submittal Packages.
The CMF shall maintain an accurate, up-to-date Submittal Log on the “web site,” in a form
acceptable to the NJBA/DPMC, which shall include, but not be limited to, a description of each
submittal package required by specification number, the date submitted by the Contractor(s), the
date sent to the Design Consultant, the date returned by the Design Consultant, the date
forwarded back to the Contractor(s), and the status of the returned submittal. The CMF shall
generate a submittal log report weekly for the NJBA/DPMC and Contractor(s), which shall list
the status of all project Submittal Packages, the dates submittals are required to be submitted and
approved to avoid impacting the scheduled completion of the work.
N. SUBSTITUTIONS
The CMF shall review and evaluate all substitutions proposed by Contractor(s). The CMF shall
provide NJBA/DPMC a written recommendation to accept or deny the proposed substitution
including an evaluation of the cost impact on the project.
A log of all proposed substitutions and their disposition shall be maintained on the “web site.”
O. CONTRACTOR REQUESTS FOR INFORMATION (RFI’S)

The CMF shall, in consultation with the Design Consultant, establish a procedure and process
acceptable to the NJBA/DPMC, for contractors to submit requests for information and for the
CMF and/or Design Consultant to respond to said requests. The procedure shall be included in
Division 1 of the specifications.
The procedure shall require the CMF to first review each RFI for completeness and compliance
with the specifications, as well as coordination among trades and general conformance with
Contract Documents. The CMF shall reject incomplete RFI’s. The MF shall respond to the
RFI’s that can be answered by reference to the Contract Documents before forwarding to the
Design Consultant for review.
The CMF shall develop and maintain an RFI log on the project web site. The log shall include,
but not be limited to, identifying each RFI uniquely, record the date received, include a brief
description, identify the party responsible for responding and record the date of the response.
The RFI log shall produce reports of the processed as well as outstanding RFI requests. RFI
reports shall be reviewed at each job meeting.
P. DAILY LOG
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The CMF shall prepare and maintain a daily log of work on the project and submit a copy to the
NJBA/DPMC daily from construction start to substantial completion. Submit a sample report
with your technical proposal. The CMF shall maintain all daily logs on the “web site.”
Q. CONSTRUCTION CLAIMS MANAGEMENT

Establish and maintain an active program to avoid or minimize the number of claims from the
Contractor(s) and/or Design Consultants. Upon the NJBA/DPMC’s request, analyze any and all
claims or requests for extensions of time and costs, using available project records, the approved
Design Schedule and/or Construction Schedule, and make specific recommendations regarding
same.
The CMF shall attend and actively participate at administrative hearings and conferences or
settlement conferences in connection with such claims upon request by the NJBA/DPMC. The
CMF shall, upon request by the NJBA/DPMC, assist the NJBA/DPMC in the preparation and
presentation of its defense, counterclaim or other position in connection with any claim by or
against the NJBA/DPMC during any lawsuit.
R. CONSTRUCTION SITE MONITORING

Provide project monitoring at the site of all activities of all Contractors so that construction is
accomplished with a minimum of duplication of effort and interference.
S. MONTHLY PROGRESS REPORT

The CMF shall submit monthly written progress reports to the NJBA/DPMC and Design
Consultant by the 1st of each month including, but not limited to, information concerning the
adequacy of the work and site manpower of the Contractor(s), the percentage of completion,
submittal status, the number and amount of change order requests, the updated schedule with
reports, look ahead Construction schedule, progress on photo documentation, as-built document
preparation by the General Contractor, and construction cost summary reports. Additionally, the
monthly progress report shall include current and potential problems deemed of sufficient import
to require NJBA/DPMC monitoring or action during the forthcoming month and a recommended
course of action to achieve resolution of each of these problems. The CMF shall maintain all
monthly progress reports on the “web site.”
T. SCHEDULE AND CHAIR JOB MEETINGS

Schedule and conduct weekly, biweekly and monthly progress meetings as required by the
NJBA/DPMC to be attended by the Contractor(s), representatives of the NJBA/DPMC and the
Design Consultant to discuss such matters as procedures, progress, quality of construction,
problems, and scheduling. The CMF will take, transcribe, and distribute minutes of such
meetings within three (3) working days after the meeting.
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U. DAILY JOB SITE MEETINGS

The CMF’s Project Manager shall meet with the NJBA/DPMC’s Representative on the jobsite
on a daily basis to observe ongoing work, review the Project’s current status, discuss new issues
and review the Contractor(s) work to be performed that day.
V. AVAILABILITY OF MATERIAL AND EQUIPMENT

The CMF shall analyze project requirements for critical material and equipment availability.
Work with the Contractor(s) to achieve timely deliveries and installations.
W. COMPLIANCE WITH LAWS

The CMF shall require each Contractor to comply with all governmental laws, ordinances, rules
and regulations, and notify the NJBA/DPMC of a Contractor’s non-compliance.
X. INTERPRETATION
Consult with the Design Consultant whenever any Contractor properly requests interpretations of
the meaning and intent of the Drawings and Specifications, and assist in the resolution of
questions or disputes that may arise.
Y. MONITOR AS-BUILT DRAWING UPDATES

The CMF shall monitor on a continual basis the Contractor’s timely preparation of “As- Built”
information into BIM backgrounds and set ups, updating and final submission of a complete set
of record “As-Built” marked-up drawings to the Design Consultant for review and approval.
The approved As-Built Drawings shall be submitted with the Project Closeout documents.
Z. CODE INSPECTION SCHEDULING

Assist the State’s Department of Community Affairs or construction inspectors with their
required inspections to ensure construction is in compliance with the New Jersey Uniform
Construction Code and the contract documents. Require that the corrective actions are
implemented where needed.
AA. ATTEND INSPECTIONS

Inspect work in progress, and take action to avoid or prevent installation of defective or non-
conforming work by the Contractors. Maintain on the web site a continuing list of non-
conforming work as determined from time to time by CMF, NJBA/DPMC or Design Consultant;
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publish this list to the responsible Contractors, require timely resolution of the non-conforming
work, and report on resolution.
AB. PUNCHLIST AND CORRECTION OF DEFECTIVE WORK

Upon receipt of the Contractor’s request for issuance of “Certificate of Substantial Completion,”
the Design Consultant shall, in conjunction with the CMF and NJBA/DPMC, prepare a punch
list of defective and/or noncompliant work to be corrected by the Contractor (s) prior to
beneficial occupancy. The CMF shall monitor and maintain an updated punch list on a weekly
basis and ensure the responsible Contractor(s) take prompt action to correct defective work
necessary to complete all work as required in the contract documents.
The CMF shall maintain the punch list on the “web site” in a format acceptable to the
NJBA/DPMC. The punch list shall state the date of origination, identify the design specification
section that is not in compliance, the open/close status, and the date of completion. Additionally,
if the punch list item resulted from a DCA code inspection, it shall have a unique identifier that
will indicate the need for “priority” correction.
XII. BUILDING COMMISSIONING
A. GOALS
The goals of the commissioning process to be completed by the CMF’s Commissioning Agent
include, but are not limited to:
• Providing an unbiased, objective verification that the design and installation is complete
for all building systems and controls including, but not limited to:
o HVAC
o Lighting
o Energy Management
o Security
o Fire detection and notification
o Network wiring
• Providing an unbiased, objective verification that the design of all building systems and
controls are installed/constructed as per the contract documents.
• Ensuring that the equipment and systems operate as required by the contract documents.
• Providing assurance to the NJBA/DPMC that the completed building systems and
controls are performing efficiently and reliably.
• Verifying contract conformance of building systems and controls.
• Verifying that building systems and controls Operations and Maintenance (O&M)
manuals and associated documentation is complete and detailed per the contract
requirements.
• Verifying that the operations and maintenance personnel are adequately trained per the
requirements of the contract documents.
PAGE 32
B. RESPONSIBILITIES
Commissioning Agent shall, during the Design Phase:
• Develop a commissioning plan for all building systems and controls including, but not
limited to, specifications, installation checklists, functional testing requirements,
performance testing requirements, O&M training, and O&M documentation to be
included in the construction documents.
• Coordinate and direct commissioning activities with the Design Consultant and Project
Team.
• Review and comment on Design Consultants design submittals including:
o Schematic Phase submittal, including construction cost estimate.
o Design Development submittal, including construction cost estimate.
o Final Design submittal, including construction cost estimate.
Commissioning Agent shall, during the Bid Phase:

• Attend construction prebid meeting to respond to commissioning related questions.
• Coordinate with Design Consultant responses to commissioning related questions
submitted by bidders and assist Design Consultant in the preparation of Bulletins as
required.
Commissioning Agent shall, during the Construction Phase:

• Coordinate and direct the commissioning activities in a logical, sequential and efficient
manner.
• Review contractors schedule to insure commissioning activities are planned and included.
• Review contractor submittals including, but not limited to, shop drawings, catalog cuts,
O&M manuals, equipment warranties for compliance with contract documents and
commissioning requirements providing recommendations to the Design Consultant.
• Plan and conduct commissioning meetings as required, coinciding with regularly
scheduled bi-weekly construction progress meetings.
• Perform site visits as necessary to observe equipment and systems installation.
• Witness all functional and operational equipment and systems tests.
• Review Testing and Balancing (TAB) reports. Provide recommendations for corrective
actions.
• Oversee the training of the operations and maintenance personnel.
• Provide bi-weekly progress reports of commissioning activities to include, but not limited
to, the status of:
o Installation checklists
o Functional testing
o Performance testing
o O&M training
o O&M documentation
• All commissioning reports shall be maintained on the “web site” for reference.
PAGE 33
Commissioning Agent shall, during the Close-out Phase:

• Provide a final commissioning report.
• Provide a “Certificate of System Acceptance” upon completion of system performance
testing, submission of all project documentation and completion of training.
XIII. CLOSE-OUT PHASE
A. PROJECT CLOSE-OUT
The CMF shall manage and coordinate the Project Close-Out process to include, but not limited
to:
• Commissioning
• As-Built Drawings (BIM)
• Warrantees and Guarantees
• Operating and Maintenance manuals
• Certify Final Completion for acceptance by the NJBA/DPMC
B. PROJECT CLOSE-OUT DOCUMENTATION

The CMF shall monitor and track the progress of the Contractor(s) timely submission of Project
Closeout Documentation. The Project Closeout Documentation shall include, but not be limited
to operations manuals, certificates, instructions, warrantees, guarantees, maintenance manuals,
test reports, as-built drawings, and certifications.
The CMF shall forward all Project Closeout Documentation to the Design Consultant for review
and approval. The CMF shall produce a bi-weekly Project Closeout Documentation report
sorted by Contractor for the NJBA/DPMC and Contractor(s).
Project Close-out Documentation and reports shall be maintained on the “web site.”
C. FINAL INSPECTION
Following the issuance of a certificate of substantial completion of the work or a designated
portion thereof, in conjunction with the Design Consultant, evaluate the completion of the work
of the Contractors and make recommendations to the NJBA/DPMC when the work is ready for
final inspection. The CMF shall, in conjunction with the Design Consultant and the
NJBA/DPMC, conduct final inspection(s) of the contracted work of the Contractors prior to final
acceptance by the NJBA/DPMC. The CMF shall, in conjunction with the Design Consultant,
forward to the NJBA/DPMC a final project application for payment upon compliance with the
requirements of the Contractors’ contract documents.
PAGE 34
D. WARRANTY INSPECTION
Nine (9) months after Project occupancy, schedule and conduct a site inspection with the
NJBA/DPMC’s staff to identify warranty work that may need to be completed.
XIV. GENERAL REQUIREMENTS
A. SCOPE CHANGES
Any changes to this Scope of Work must be requested in writing by the CMF firm. An approved
DPMC 9d Consultant Amendment Request form reflecting authorized scope changes must be
received by the CMF prior to undertaking any additional work. The DPMC 9d form must be
approved and signed by the Director of DPMC and written authorization issued from the
NJBA/DPMC Senior Manager prior to any work being performed by the CMF. Any work
performed without the executed DPMC 9d form is done at the CMF’s own financial risk.
XV. ALLOWANCES
A. “EARLY BID PACKAGES” ALLOWANCE

CMF shall include an allowance of $250,000 in the space provided in their fee proposal for work
associated with “Early Bid Package” construction services, refer to paragraph VII.B.1. “Early
Bid Packages.”
PAGE 35
XVII. EXHIBITS
The attached or referenced exhibits in this section include supporting documentation to assist the
CMF in understanding the project to prepare his technical and fee proposals.
A. Location Map
B. NJBA/DPMC Project Management Responsibility Matrix
C. Sample “Financial Status Report” (FSR)
D. Construction Management Firm’s Certificate of Performance
E. Project Labor Agreement (PLA)
END OF SCOPE OF WORK
PAGE 37
Project Location Plan
DPMC Project A1150-07
Construction Management Services
for
Comprehensive Renovation and Restoration
of the
New Jersey Executive State House
125 West State Street, Trenton, NJ 08608
Executive State House
EXHIBIT ‘A’
TASKS NJBA/DPMC PROJECT MANAGEMENT RESPONSIBILITY MATRIX
REQUIRED
DPMC PROJECT NO.A1150-00 & A1150-07
 LEAD COMPREHENSIVE RENOVATIONS OF THE EXECUTIVE STATE HOUSE
 ASSIST
SCHEMATIC DESIGN – Design Consultant Deliverable 3 A/E NJBA/DPMC CMF

Schedule & Chair Design Meetings  
Attend Design Meetings   
Prepare & Distribute Meeting Minutes  
Special Features Description: Security Fire Protection,

Structural, Energy, Etc.
Borings, Surveys, Soils Analysis 
Survey Existing Furniture & Equipment 
Fine Arts Inclusion Preparation 
Design Renderings 
Identify Required Regulatory Agency Approvals 
Confirm Utility Availability 
Prepare Schematic Drawings 
Prepare Schematic Specifications 
Prepare Commissioning Plan/Specifications  
Review Drawings & Specifications  
Prepare Construction Cost Estimate  
Reconcile Construction Cost Estimates  
Identify Long Lead Equipment and Materials  
Develop and Maintain Design & Construction Schedule  
Develop Contractor Submittal Procedures  
Develop Submittal/Checklist  
Provide Recommendation for Safety and Security
 
Procedures
Develop Site Utilization Plan  
Complete Value Analysis  
Oral Presentation to NJBA/DPMC Project Team  
Page 1 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
DESIGN DEVELOPMENT - Design Consultant Deliverable 4 A/E NJBA/DPMC CMF

Fine Arts Inclusion 
Design Renderings  
Determine Regulatory Agency Permits & Approvals   
NJ Department of Agriculture
• Soil Erosion   
NJ Department of Community Affairs
• UCC Permit for Building Construction   
NJ Department of Environmental Protection
• Equipment Emissions   
• Fuel Storage for Emergency Generator   
• Environmental Impact Statement   
NJ Department of Health
• Commercial Kitchen Equipment   
Utility Availability for:  
• Sanitary Service  
• Storm Water  
• Domestic Water  
• Gas Service  
• Fire Service  
• Electric Service  
• Telephone Service  
• Cable Service  
Drawings 
• Cover Sheet (See A/E Manual, Vol. II, Div. 1 For
Sample Format) 
Page 2 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
DESIGN DEVELOPMENT - Design Consultant Deliverable 4 A/E NJBA/DPMC CMF

• Site Plan 
• Site Utility Plan 
• Floor Plans 
• Elevations 
• Sections/Details 
• Structural Drwgs, Seismic, Design Load Criteria,
Calculations 
• HVAC Drwgs. Heating & Cooling Equipment


Schedules, Calculations
• Plumbing Drwgs, Pipe Distribution & Riser Details,

Fixture Schedule
• Fire Protection Drwgs, Hydraulic Calcs, Water Pressure

& Flow Data
• Electrical Drwgs, Riser Diagram, Panel Schedules,

Service Size, Lighting Design, Calculations
• Emergency Power Equipment & Source 
Specifications 
Submit Design Documents for Review  
Review Drawings and Specifications  
Reconcile Construction Cost estimate  
Provide Recommendation for Safety and Security Procedures  
Page 3 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
50% CONSTRUCTION DOCUMENTS - Design Consultant A/E NJBA/DPMC CMF

Deliverable 5
Drawings 
Sample Format) 
Page 4 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST

Deliverable 5
• Site Plan 
• Floor Plans 
• Elevations 
Calculations 



Fixture Schedule

& Flow Data

Specifications 
Develop Contractor Prequalification Criteria/Forms   
Page 5 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST

Deliverable 5
Page 6 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
100% CONSTRUCTION DOCUMENTS - Design A/E NJBA/DPMC CMF

Consultant Deliverable 7
Drawings 
Sample Format) 
Page 7 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST

• Site Plan 
• Floor Plans 
• Elevations 
Calculations 



Fixture Schedule

& Flow Data

Specifications 
Evaluate Contractor Prequalification Applications   
Page 8 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST

Page 9 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
PERMIT- PHASE - Design Consultant Deliverable 8 A/E NJBA/DPMC CMF

Prepare Pre-Bid Construction Schedule   
Prepare Pre-Bid Construction Cost Estimate  
Reconcile Pre-Bid Construction Cost Estimate  
Obtain UCC Permit Application & Complete with Related
Technical Subcodes  
Complete DCA Permit Fee Calculation Schedule   

Provide Signed & Sealed Drawings & Specifications  
Submit Signed & Sealed Drawings & Specifications, Permit
Application, Fee Schedule, Invoice to DPMC Plan Review   
Obtain UCC Permit  

Submit Drawings & Specifications and Applications for All
Other Project Permits  
Obtain All Other Permits  

Prepare Bid Document Checklist & Proposal Form 
Prepare Bid Clearance Form & Get Sign-Offs as Required 
Page 10 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
ADVERTISE, BID, AWARD - Design Consultant Deliverable 9 A/E NJBA/DPMC CMF
Submit Original Mylars to DPMC 

Submit Specifications to DPMC 
Print Plans & Specifications for Distribution to Bidders 
Prepare Special Pre-Qualified Bidder List 
Review/Recommend Contractor Bid List 
Prepare & Arrange for Project Advertisement  
Publish Advertisement of Project 
Schedule & Chair Pre-Bid Conference   
Prepare & Distribute Minutes   
Attend Pre-Bid Conference   
Respond to Technical Questions Asked by Bidders   
Prepare Bulletins & Deliver Original to DPMC/CMF   
Review Bulletins for Technical Correctness   
Publish & Mail Out Bulletins 

Conduct Bid Opening   
Receive, Open & Record Bids 
Review Bids, Provide Cost Analysis & Recommend Award   
Prepare Recommendation to Award   
Prepare & Distribute Construction Contracts 
Establish Date of Pre-Construction Meeting   
Issue Notice to Proceed 
Page 11 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
CONSTRUCTION A/E NJBA/DPMC CMF
Chair Pre-Construction Meeting   

Attend Pre-Construction Meeting   
Prepare & Distribute Minutes of Pre-Construction Meeting  
Distribute Code-Approved Drawings to DPMC &

Contractors, Along with the UCC Permit
Schedule & Chair Project Meeting   
Attend Project Meetings   
Prepare & Distribute Minutes  
Update Construction Progress Schedule   
Update CPM Schedule   
Track & Distribute Documents  
Review/Approve Sub-Contractors   
Review/Approve Samples & Materials   
Review/Approve Unit Schedule Breakdown   
Approve Shop Drawings/Submittals   
Approve Test Reports   
Evaluate & Recommend Contractor Invoices   
Review Contractor’s Progress Schedule   
Approve Contractor’s Progress Schedule   
Approve Contractor’s Invoices  
Review & Approve A/E Invoices 
Monitor “As-Built” Plans  
Evaluate/Recommend Contractor Change Order Requests  
Prepare Change Order Plans & Specifications 
Negotiate/Authorize Change Orders   
Page 12 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
CONSTRUCTION A/E NJBA/DPMC CMF
Amend Contracts Due to Change Orders 

Recommend Change Orders for E/O  
Submit Field Observation Reports   
Review Field Observation Reports  
Provide Construction Photographs  
Schedule UCC Inspections  
Page 13 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
CLOSE-OUT A/E NJBA/DPMC CMF

Plan, Schedule, Execute Close-Out   
Schedule & Chair Close-Out Meeting   
Attend Close-Out Meeting   
Coordinate Pre-Final Inspection/DCA/Consultant   
Develop Punchlist (Contract)   
Develop Punchlist (Code)   
Consolidate All Punchlists & Distribute 
Verify Completion of Punchlist Items (Contract)   
Verify Completion of Punchlist Items (Code)   
Determine Substantial Completion  
Sign “Certificate of Substantial Completion” for each

Contractor
Request Issuance of TCO from DCA  
Plan, Schedule & Control Final Inspection by All Parties   
Coordinate Equipment Operation Training   
Provide Maintenance & Operating Manuals  
Provide All Guarantees  
Provide All Testing & Balancing Reports  
Provide Boiler Inspection Certificates  
Provide Elevator Inspection Report  
Provide Master Label (Lightning Protection) 
Assemble & Forward Close-Out Documents  
Prepare Insurance Transfer Report (DPMC-25)  
Collect As-Built Drawings from Contractor 
Prepare Record Set Drawings & Submit to DPMC 
Initiate Final Contract Acceptance (DPMC-20) for each
Contractor  
Sign Final Contract Acceptance 

Obtain all Close-Out Documents  
Close Out A/E Contract 
Page 14 of 15
EXHIBIT ‘B’
REQUIRED
 ASSIST
CLOSE-OUT A/E NJBA/DPMC CMF

Provide Post Occupancy Assistance   
Warranty Inspection  
Page 15 of 15
EXHIBIT ‘B’
PREPARED BY:
DEPARTMENT OF THE TREASURY
OFFICE OF FISCAL AND RESOURCES
07/16/2012
NEW JERSEY STATE BUILDING AUTHORITY

"project name
"construction fund"
FINANCIAL STATUS REPORT
ACTIVITY BUDGET APPROVED APPROVED ADJUSTED ORIGINAL APPROVED EXPENDITURES OUTSTANDING ESTIMATED TOTAL VARIANCE CHANGE VALUE PERCENT
TASK/SUBTASK CODE AMOUNT REALLOCATIONS SCOPE BUDGET TRADE CONTRACT CHANGE ORDERS TO DATE TRADE ADDITIONAL ANTICIPATED FAVORABLE CR IN COMPLETED COMPLETE
CHANGES AMOUNT VERIFIED UNVERIFIED CONTRACTS COMMITMENTS COSTS UNFAVORABLE PERIOD
DESIGN/BUILD
CONSULTANTS
ARCHITECTS/ENGINEERS 01-10010 100.00 100.00 90.00 90.00 10.00 0.00 0.0%
CONSTRUCTION ADMINISTRATION 01-10020 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
MISCELLANEOUS TESTING 01-10030 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
ASBESTOS MONITORING 01-10040 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
ASBESTOS TESTING 01-10041 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
FEASIBILITY/DEFERRED MAINT PROJ 01-10050 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
ALLOWANCES 01-10070 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
INSPECTIONS 01-10080 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
ARCHAEOLOGY 01-10090 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
SPECIALTY DESIGN 01-10100 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
SUB-TOTAL 100.00 0.00 0.00 100.00 0.00 0.00 0.00 0.00 0.00 90.00 90.00 10.00 0.00 0.00 0.0%
CONSTRUCTION
GENERAL CONTRACTOR 01-20010 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
STRUCTURAL STEEL 01-20020 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
HVAC 01-20030 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
MECHANICAL SYSTEM IMPROVEMENTS
PLUMBING/SPRINKLERS
ELECTRICAL
ROOFING
01-20031
01-20040
01-20050
01-20060
0.00
0.00
0.00
0.00
E 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0%
0.0%
0.0%
0.0%
ASBESTOS ABATEMENT 01-20070 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
DEMOLITION 01-20080 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
TELECOMMUNICATIONS 01-20090 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
DESIGN BUILDERS
MISCELLANEOUS
INSURANCE
SIGNAGE
01-20100
01-20200
01-20300
01-20500
0.00
0.00
0.00
0.00
L 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0%
0.0%
0.0%
0.0%
EXTERIOR LIGHTING 01-20600 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
ARCHAEOLOGICAL INTERPRETATION 01-20700 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
GROUND RESTORATION 01-20800 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
SUB-TOTAL
FURNITURE/EQUIPMENT PURCHASES 01-30010

0.00 0.00 0.00
P
0.00
0.00
0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00
0.0%
0.0%
DBC FEES AND REIMBURSEMENTS 01-40010 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
AFFIRMATIVE ACTION 01-50010 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
FINE ARTS 01-60010 0.00 0.00 0.00 0.00 0.00 0.00 0.0%
LAND ACQUISITION
PERMITS
01-70010
01-80010
M
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0%
0.0%
TOTAL DESIGN/BUILD 100.00 0.00 0.00 100.00 0.00 0.00 0.00 0.00 0.00 90.00 90.00 10.00 0.00 0.00 0.0%
CONTINGENCY
CONTINGENCY
UNALLOCATED RESERVE
09-90000
09-90020
15.00
A
15.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
15.00
0.00
0.00
0.00
0.0%
TOTAL PROJECT COST 115.00 0.00 0.00 115.00 0.00 0.00 0.00 0.00 0.00 90.00 90.00 25.00 0.00 0.00 0.0%
S
EXHIBIT 'C'
EXHIBIT 'D'
PROJECT LABOR AGREEMENT
COVERING CONSTRUCTION OF THE
SELECTIVE REMOVALS AND DEMOLITON

EXECUTIVE STATE HOUSE, TRENTON, NJ
ARTICLE 1-PREAMBLE
WHEREAS, The State of New Jersey, Department of the Treasury, Division of
Property Management and Construction (DPMC) (the Owner), desires to provide for the
efficient, safe, quality, and timely completion of construction of the “Renovations to
Mid-State Correctional Facility” (the “Project”) in a manner designed to afford lower
costs to the Owner and the public it represents, and the advancement of public policy
objectives;
WHEREAS, this Project Labor Agreement will foster the achievement of these
goals, inter alia by:
(1) avoiding the costly delays of potential strikes, slowdowns, walkouts,
picketing and other disruptions arising from work disputes and promote
labor harmony and peace for the duration of the Projects;
(2) standardizing the terms and conditions governing the employment of labor
on the Project;
(3) Permitting wide flexibility in work scheduling and shift hours and times;
from those which otherwise might obtain;
(4) Receiving negotiated adjustments as to work rules and staffing
requirements those which otherwise might obtain;
(5) Providing comprehensive and standardized mechanisms for the settlement
of work disputes, including those relating to jurisdiction;
EXHIBIT 'E'
(6) Ensuring a reliable source of skilled and experienced labor;
(7) Furthering public policy objectives as to improved employment
opportunities for minorities, women and the economically disadvantaged
in the construction industry;
(8) Expediting the construction process;
and WHEREAS, the signatory Unions desire the stability, security and work
opportunities afforded by a Project Labor Agreement;
and WHEREAS, the Parties desire to maximize Project safety conditions for both
workers and public,
NOW, THEREFORE, the Parties enter into this Agreement:
SECTION 1: PARTIES TO THE AGREEMENT
This is a Project Labor Agreement (“Agreement”) entered into by and between
DPMC (the Owner) and its successors and assigns, for certain construction work to be
performed on the “Selective Removals and Demolition, Executive State House, Mercer
County, NJ” (the “Project”) and by the Mercer County & Vicinity Building and
Construction Trades Council, AFL-CIO, on behalf of itself and its affiliated local union
members, and the signatory Local Unions on behalf of themselves and their members.
ARTICLE 2 – GENERAL CONDITIONS
SECTION 1: DEFINITIONS
Throughout this Agreement, the Union parties and the signatory Local Unions and
County Council are referred to singularly and collectively as “Union(s)” where specific
reference is made to “Local Unions” that phrase is sometimes used; the term
“Contractor(s)” shall include all signatory contractors, and their subcontractors of
EXHIBIT 'E'
whatever tier, engaged in on-site Project construction work within the scope of this
Agreement as defined in Article 3; DPMC is referenced as “Owner”; the Mercer County
& Vicinity Building and Construction Trades Council, AFL-CIO is referenced as the
“County Council”; and the work covered by this Agreement (as defined in Article 3) is
referred to as the “Project”.
SECTION 2: CONDITIONS FOR AGREEMENT TO BECOME EFFECTIVE
The Agreement shall not become effective unless each of the following conditions
are met: (1) The Agreement is approved and signed by the County Council, and the Local
Unions having jurisdiction over the Project work; and (2) the Agreement is signed by the
Owner.
SECTION 3: ENTITIES BOUND & ADMINISTRATION OF AGREEMENT
This Agreement shall be binding on all signatory Unions and the Owner and all
signatory Contractors performing on-site Project work, including site preparation and
staging area, as defined in Article 3. The Contractors shall include in any subcontract
that they let for performance during the term of this Agreement, a requirement that their
subcontractors, of whatever tier, become signatory and bound by this Agreement with
respect to subcontracted work performance within the scope of Article 3. This
Agreement shall be administered by the Owner, on behalf of all Contractors.
SECTION 4: SUPREMACY CLAUSE
A. This Agreement, together with the local Collective Bargaining
Agreements appended hereto as Schedule A, represents the complete understanding of all
signatories and supersedes any national agreement, local agreement or other collective
bargaining agreement of any type which would otherwise apply to this Project, in whole
EXHIBIT 'E'
or in part except for all work performed under the National Agreement of the
International Union of Elevator Constructors, with the exception of Article VII, IX, and
X of this Agreement. Where a subject covered by the provisions, explicit or implicit, of
this Agreement is also covered by a Schedule A, the provisions of this Agreement shall
prevail. It is further understood that no Contractor shall be required to sign any other
agreement as a condition of performing work on this Project. No practice, understanding
or agreement between a Contractor and a Local Union which is not explicitly set forth in
this Agreement shall be binding on this Project unless endorsed in writing by the Owner.
SECTION 5: LIABILITY
The liability of any Contractor and the liability of any Union under this
Agreement shall be several and not joint. The Owner and any Contractor shall not be
liable for any violations of this Agreement by any other Contractor; and the Department,
County Council and Local Unions shall not be liable for any violations of this Agreement
by an other Union.
SECTION 6: THE OWNER
The Owner shall require in its bid specifications for all work within the scope of
Article 3 that all successful bidders, and their subcontractors of whatever tier, become
bound by, and signatory to, this Agreement. The Owner is not a party to and shall not be
liable in any manner under this Agreement. It is understood that nothing in this
Agreement shall be construed as limiting the sole discretion of the Owner in determining
which Contractors shall be awarded contracts for Project work. It is further understood
that the Owner has sole discretion at any time to terminate, delay or suspend the work, in
whole or part, on this Project.
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SECTION 7: AVAILABILITY AND APPLICABILITY TO ALL SUCCESSFUL
BIDDERS
The Unions agree that this Agreement will be made available to, and will fully
apply to any successful bidder to Project work who becomes signatory thereto, without
regard to whether that successful bidder performs work at other sites on either a union or
non- union basis and without regard to whether employees of such successful bidder are,
or are not, members of any unions. This Agreement shall not apply to the work of any
Contractor which is performed at any location other than the Project site, as defined in
Article 3, Section 1.
ARTICLE 3 – SCOPE OF THE AGREEMENT
The Project work covered by this Agreement shall be as defined and limited by
the following sections of this Article.
SECTION 1: THE WORK
This Agreement shall only apply to the on-site construction work performed on
the “Selective Removals and Demolition, Executive State House, Mercer County, New
Jersey” (the “Project”) during the time period of this Agreement as set forth in the bid
documents covering Construction Contract A1150-05.
“On-site” construction work in connection with the above shall be defined to
include the project work in the Contractor’s scope as defined in the final construction
contract.
SECTION 2: EXCLUDED EMPLOYEES
The following persons are not subject to the provisions of this Agreement, even
though performing work on the Project:
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a. Superintendents, supervisors (excluding general and forepersons
specifically covered by a craft’s Schedule A), engineers, inspectors and
testers (excluding divers specifically covered by a craft’s Schedule A),
quality control/assurance personnel, timekeepers, mail carriers, clerks,
office workers, messengers, guards, non-manual employees, and all
professional, engineering, administrative and management persons;
b. Employees of the Authority or any other state agency, authority or entity
or employees of any municipality or other public employer;
c. Employees and entities engaged in off-site manufacture, modifications,
repair, maintenance, assembly, painting, handling or fabrication of project
components, materials equipment or machinery, unless such off-site
operations are covered by the prevailing Wage Act by being dedicated
exclusively to the performance of the public work contractor building
project and adjacent to the site or involved in deliveries to and from the
project site, excepting local deliveries of all major construction materials
including fill, ready mix, asphalt and item 4 which are covered by this
Agreement.
d. Employees of the Owner, excepting those performing manual, on-site
construction labor who will be covered by this Agreement;
e. Employees engaged in on-site equipment warranty work;
f. Employees engaged in geophysical testing (whether land or water) other
than boring for core samples;
g. Employees engaged in laboratory or specialty testing or inspections;
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h. Employees engaged in ancillary Project work performed by third parties
such as electric utilities, gas utilities, telephone companies and railroads.
SECTION 3. NON-APPLICATION TO CERTAIN ENTITIES
This Agreement shall not apply to the parents, affiliates, subsidiaries, or other
joint or sole ventures of any Contractors, which do not perform work at this Project. It is
agreed, for the purposes of this Agreement only, that this Agreement does not have the
effect of creating any joint employment, single employer or alter ego status among the
Owner and/or any Contractor. The Agreement shall further not apply to the Owner or
any other state or county agency, authority, or other municipal or public entity and
nothing contained herein shall be construed to profit or restrict the Owner or its
employees of any other state authority, agency or entity and its employees from
performing on or off-site work related to the Project. As the contracts which comprise
the Project work are completed and accepted, the Agreement shall not have further force
or effect on such items or areas except where inspections, additions, repairs,
modifications, check-out and/or warranty work are assigned in writing (copy to Local
Union involved) by the Owner for performance under the terms of this Agreement.
ARTICLE 4 – UNION RECOGNITION AND EMPLOYMENT
SECTION 1. PRE-HIRE RECOGNITION The Contractors recognize the signatory
Unions as the sole and exclusive bargaining representatives of all craft employees who
are performing on-site Project work within the scope of this Agreement as defined in
Article 3.
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SECTION 2. UNION REFERRAL
A. The Contractors agree to hire Project, craft employees covered by this
Agreement through the job referral systems and hiring halls (where the
referrals meet the qualifications set forth in items 1, 2 and 4 of
subparagraph B) established in the, Local Unions’ area collective
bargaining agreements (attached as Schedule A to this Agreement).
Notwithstanding this, the Contractors shall have sole rights to determine
the competency of all referrals; the number of employees required (except
with regard to pile driving); the selection of employees to be laid-off
(except as provided in Article 5, Section 3); and the sole right to reject any
applicant referred by a Local Union, subject to the show-up payments
required in the applicable Schedule A. In the event that a Local Union is
unable to fill any request for qualified employees within a 72-hour period
after such requisition is made by the Contractor (Saturdays, Sundays and
holidays excepted), the Contractor may employ qualified applicants from
any other available source. In the event that the Local Union does not
have a job referral system, the Contractor shall give the Local Union first
preference to refer applicants, subject to the other provisions of this
Article. The Contractor shall notify the Local Union of Project, craft
employees hired within its jurisdiction from any source other than referral
by the Union.
B. A Contractor may request by name, and the Local will honor, referral of
persons who have applied to the Local for Project work and who meet the
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following qualifications as determined by a Committee of 3 designated,
respectively, the applicable Local Union, the Owner a mutually selected
third party or, in the absence of agreement, the permanent arbitrator (or
designee) designated in Article 7:
(1) possess any license required by NJ law for the Project
work to be performed;
(2) have worked a total of at least 1000 hours in the
Construction craft during the prior three years.
(3) were on the Contractor’s active payroll for at least 60 out
of the 180 calendar days prior to the contract award.
(4) have demonstrated ability to safely perform the basic
functions of the applicable trade.
No more than 12 per centum of the employees covered by this Agreement, per
Contractor by craft, shall be hired through the special provisions above (any
fraction shall be rounded to the next highest whole number).
SECTION 3. NON-DISCRIMINATION IN REFERRALS
The Local Unions represent that their hiring halls and referral systems will be
operated in a non-discriminatory manner and in full compliance with all applicable
federal, state and local laws and regulations which require equal employment
opportunities. Referrals shall not be affected in any way by the rules, regulations,
bylaws, constitutional provisions or any other aspects or obligations of union
membership, policies or requirements and shall be subject to such other conditions as are
established in this Article. No employment applicant shall be discriminated against by
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any referral system or hiring hall because of the applicant’s union membership, or lack
thereof.
SECTION 4. MINORITY AND FEMALE REFERRALS
In the event a Union either fails, or is unable, to refer qualified minority or female
applicants in percentages equaling Project affirmative action goals as set forth in the
Owners bid specifications, the Contractor may employ qualified minority or female
applicants from any other available source as Apprentice Equivalents. Apprentice
Equivalents will have completed a DOL approved training program, applied to take a
construction Apprenticeship test, and will be paid at not less then the applicable
equivalent Apprentice rate. With the approval of the Local Administrative Committee
(LAC), experience in construction related areas may be accepted as meeting the above
requirements.
SECTION 5. CROSS AND QUALFIED REFERRALS
The Local Unions shall not knowingly refer to a Contractor, an employee then
employed by another Contractor, working under this Agreement. The Local Unions will
exert their utmost efforts to recruit sufficient numbers of skilled and qualified crafts
employees to fulfill the requirements of the Contractor.
SECTION 6. UNION DUES / WORKING ASSESSMENTS
All employees covered by this Agreement shall be subject to the union security
provisions contained in the applicable Schedule A local agreements, as amended from
time to time, but only for the period of time during which they are performing on-site
Project work and only to the extent of rendering payment of the applicable monthly union
dues uniformly required for union membership in the Local Union, signatory to this
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Agreement, which represents the craft in which the employee is performing Project work.
No employee shall be discriminated against at the Project site because of the employee’s
union membership or lack thereof.
In the case of unaffiliated employees, the dues payment will be received by the
Unions as a working assessment fee.
SECTION 7. CRAFT FOREPERSONS AND GENERAL FOREPERSONS
The selection of craft forepersons and/or general forepersons and the number of
forepersons required shall be solely the responsibility of the Contractor except where
otherwise provided by specific provisions of an applicable Schedule A. All forepersons
shall take orders exclusively from the designated Contractor representatives. Craft
forepersons shall be designated as working forepersons at the request of the Contractor,
except when an existing local Collective Bargaining Agreement prohibits a forepersons
from working when the craftpersons he is leading exceed a specified number.
ARTICLE 5 – UNION REPRESENTATION
SECTION 1. LOCAL UNION REPRESENTATIVE
Each Local Union representing on-site Project employees shall be entitled to
designate in writing (copy to Contractor involved and Owner) one representative, and/or
the Business Manager, who shall be afforded access to the Project.
SECTION 2. STEWARDS
(a) Each Local Union shall have the right to designate a working
journeyperson as a Steward and an alternate, and shall notify the
Contractor and Owner of the identity of the designated Steward (and
alternate) prior to the assumption of such duties. Stewards shall not
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exercise supervisory functions and will receive the regular rate of pay for
their craft classifications. There will be no non-working Stewards on the
Project.
(b) In addition to his work as an employee, the Steward shall have the right to
receive complaints or grievances and to discuss and assist in their
adjustment with the Contractor’s appropriate supervisor. Each Steward
shall be concerned with the employees of the Steward’s Contractor and, if
applicable, subcontractors of that Contractor, but not with the employees
of any other Contractor. The Contractor will not discriminate against the
Steward in the proper performance of Union duties.
(c) The Stewards shall not have the right to determine when overtime shall be
worked, or who shall work overtime except pursuant to a Schedule A
provision providing procedures for the equitable distribution of overtime.
SECTION 3. LAYOFF OF A STEWARD
Contractors agree to notify the appropriate Union 24 hours prior to the layoff of a
Steward, except in cases of discipline or discharge for just cause. If a Steward is
protected against layoff by a Schedule A, such provisions shall be recognized to the
extent the Steward possesses the necessary qualifications to perform the work required.
In any case in which a Steward is discharged or disciplined for just cause, the Local
Union involved shall be notified immediately by the Contractor.
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ARTICLE 6 – MANAGEMENT’S RIGHTS
SECTION 1. RESERVATION OF RIGHTS
Except as expressly limited by a specific provision of this Agreement, Contractors
retain full and exclusive authority for the management of their Project operations
including, but not limited to: the right to direct the work force, including determination as
to the number to be hired and the qualifications thereof; the promotion, transfer, layoff of
its employees; or the discipline or discharge for just cause of its employees; the
assignment and schedule of work; the promulgation of reasonable Project work rules;
and, the requirement, timing and number of employees to be utilized for overtime work.
No rules, customs, or practices which limit or restrict productivity or efficiency of the
individual, as determined by the Contractor or Owner, and/or joint working efforts with
other employees shall be permitted or observed.
SECTION 2. MATERIALS, METHODS & EQUIPMENT
There shall be no limitations or restriction upon the contractors' choice of
materials, techniques, methods, technology or design, or, regardless of source or location,
upon the use and installation of equipment, machinery, package units, pre-cast, pre-
fabricated, pre-finished, or pre-assembled materials, tool, or other labor-saving devices.
Contractors may, without restriction, install or use materials, supplies or equipment
regardless of their source. The on-site installation or application of such items shall be
performed by the craft having jurisdiction over such work; provided, however, it is
recognized that other personnel having special qualifications may participate, in a
supervisory capacity, in the installation, check-out or testing of specialized or unusual
equipment or facilities as designated by the Contractor. Notwithstanding the foregoing
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statement of contractor rights, prefabrication issues relating to work traditionally
performed at the job site shall be governed pursuant to the terms of the applicable
Schedule A. There shall be no restrictions as to work, which is performed off-site for the
Project, except for work done in a fabrication center, tool yard, or batch plant dedicated
exclusively to the performance of work on the Project, and located adjacent to the “site of
work”.
ARTICLE 7 – WORK STOPPAGES AND LOCKOUTS
SECTION 1. NO STRIKES – NO LOCKOUTS
There shall be no strikes, sympathy strikes, picketing, work stoppages,
slowdowns, hand billing, demonstrations or other disruptive activity at the Project for any
reason by any Union or employee against any Contractor or employer while performing
work at the Project. There shall be no other Union, or concerted or employee activity
which disrupts or interferes with the free flow of traffic in the Project area. Failure of a
Union or employee to cross any picket line established by any Union, signatory or non-
signatory to this Agreement, or the picket or demonstration line of any other
organization, at or in proximity to the Project site is a violation of this Article. There
shall be no lockout at the Project by any signatory Contractor. Contractors and Unions
shall take all steps necessary to ensure compliance with this Section 1 and to ensure
uninterrupted construction and the free flow of traffic in the Project area for the duration
of this Agreement.
SECTION 2. DISCHARGE FOR VIOLATION
A Contractor may discharge any employee violating Section 1, above, and any such
EXHIBIT 'E'
employee will not be eligible thereafter for referral under this Agreement for a period of
100 days.
SECTION 3. NOTIFICATION
If a Contractor contends that any Union has violated this Article, it will notify the
appropriate district or area council of the Local Union involved advising of such fact,
with copies of the notification to the Local Union and the County Council. The district or
area council and the County Council shall each instruct, order and otherwise use their
best efforts to cause the employees, and/or the Local Unions to immediately cease and
desist from any violation of this Article. A district or area council, and/or the County
Council complying with these obligations shall not be liable for the unauthorized acts of a
Local Union or its members.
SECTION 4. EXPEDITED ARBITRATION
Any Contractor or Union alleging a violation of Section 1 of this Article may
utilize the expedited procedure set forth below (in lieu, of, or in addition to, any actions at
law or equity) that may be brought.
a. A party invoking this procedure shall notify J.J. Pierson, Jr., Esq. who
shall serve as Arbitrator under this expedited arbitration procedure.
Copies of such notification will be simultaneously sent to the alleged
violator and, if a Local Union is alleged to be in violation, it’s
International, the Council, and the Owner.
b. The Arbitrator shall thereupon, after notice as to time and place to the
Contractor, the Local Union involved, the Council and the Owner, hold a
hearing within 48 hours of receipt of the notice invoking the procedure if
EXHIBIT 'E'
it is contended that the violation still exists. The hearing will not,
however, be scheduled for less than 24 hours after the notice to the district
or area council required by Section 3, above.
c. All notices pursuant to this Article may be by telephone, telegraph, hand
delivery, or fax, confirmed by overnight delivery, to the arbitrator,
Contractor or Union involved. The hearing may be held on any day
including Saturdays or Sundays. The hearing shall be completed in one
session which shall not exceed eight hours duration (no more than four
hours being allowed to either side to present their case, and conduct their
cross-examination) unless otherwise agreed. A failure of any Union or
Contractor to attend the hearing shall not delay the hearing of evidence by
those present or the issuance of an award by the Arbitrator.
d. The sole issue at the hearing shall be whether a violation of Section 1,
above, occurred. If a violation is found to have occurred, the Arbitrator
shall issue a Cease and Desist Award restraining such violation and serve
copies on the Contractor and Union involved. The Arbitrator shall have
no authority to consider any matter in justification, explanation or
mitigation of such violation or to award damages, which issue is reserved
solely for court proceedings, if any. The Award shall be issued in writing
within three hours after the close of the hearing, and may be issued
without an opinion. If any involved party desires an opinion one shall be
issued within 15 calendar days, but its issuance shall not delay compliance
with, or enforcement of, the Award.
EXHIBIT 'E'
e. An award issued under this procedure may be enforced by any court of
competent jurisdiction upon the filing of this Agreement together with the
Award. Notice of the filing of such enforcement proceedings shall be
given to the Union or Contractor involved. In any court proceeding to
obtain a temporary or preliminary order enforcing the arbitrator’s Award
as issued under this expedited procedure, the involved Union and
Contractor waive their right to a hearing and agree that such proceedings
may be ex parte, provided notice is given to opposing counsel. Such
agreement does not waive any party’s right to participate in a hearing for a
final court order of enforcement or in any contempt proceeding.
f. Any rights created by statue or law governing arbitration proceedings
which are inconsistent with the procedure set forth in this Article, or
which interfere with compliance thereto, are hereby waived by the
Contractors and Unions to whom they accrue.
g. The fees and expenses of the Arbitrator shall be equally divided between
the involved Contractor and Union.
SECTION 5. ARBITRATION OF DISCHARGES FOR VIOLATION
Procedures contained in Article 9 shall not be applicable to any alleged violation
of this Article, with the single exception that an employee discharged for violation of
Section 1, above, may have recourse to the procedures of Article 9 to determine only if
the employee did, in fact, violate the provisions of Section 1 of this Article; but not for
the purpose of modifying the discipline imposed where a violation is found to have
occurred.
EXHIBIT 'E'
ARTICLE 8 – LOCAL ADMINISTRATIVE COMMITTEE (LAC)
SECTION 1. MEETINGS
The local Administrative Committee will meet on a regular basis to 1) Implement
and oversee the Agreement procedures and initiatives; 2) monitor the effectiveness of the
Agreement; and 3) identify opportunities to improve efficiency and work execution.
SECTION 2. COMPOSITION
The LAC will be co-chaired by designees of the President of the Mercer County
Building and Construction Trades Council, or his designee and the designated official of
the Owner. It will be comprised of representatives of the local union’s signatory to the
project agreement (PLA), representatives of the Owner and other Contractors on the
Project.
ARTICLE 9 – GRIEVANCE & ARBIRTRATION PROCEDURE
SECTION 1. PROCEDURE FOR RESOLUTION OF GRIEVANCES
Any question, dispute or claim arising out of, or involving the interpretation of
application of this Agreement (other than jurisdictional disputes or alleged violations of
Article 7, Section 1) shall be considered a grievance and shall be resolved pursuant to the
exclusive procedure of the steps described below; provided, in all cases, that the question,
dispute or claim arose during the term of this Agreement.
STEP 1:
(a) When any employee covered by this Agreement feels aggrieved by a claimed
violation of this Agreement, the employee shall, through the Local Union
business representative or job steward, give notice of the claimed violation to
the work site representative of the involved Contractor. To be timely, such
EXHIBIT 'E'
notice of the grievance must be within 3 business days after the act,
occurrence, or event, giving rise to the grievance. The business
representative of the Local Union or the job steward and site representative of
the involved Contractor shall meet and endeavor to adjust the matter within 3
business days after timely notice has been given. If they fail to resolve the
matter within the prescribed period, the grieving party, may, within 7
calendar days thereafter, pursue Step 2 of the grievance procedure by serving
the involved Contractor and the Owner with written copies of the grievance
setting forth a description of the claimed violation, the date of which the
grievance occurred, and the provisions of the Agreement alleged to have been
violated. Grievances and disputes settled at Step 1 are nonprecedential
except as to the specific Local Union, employee and Contractor directly
involved unless the settlement is accepted in writing by the Owner as creating
a precedent.
(b) Should any signatory to this Agreement have a dispute (excepting
jurisdictional disputes or alleged violations of Article 7, Section 1) with any
other signatory to this Agreement and, if after conferring, a settlement is not
reached within 9 business days, the dispute shall be reduced to writing and
proceed to Step 2 in the same manner as outlined in subparagraph (a) for the
adjustment of employee grievances.
STEP 2:
The Business Manager or designee of the involved Local Union, together
with representatives of the Building Trades Council, the involved Contractor, and
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the General Contractor shall meet in Step 2 within 3 business days of service of
the written grievance to arrive at a satisfactory settlement.
STEP 3:
(a) If the grievance shall have been submitted but not resolved in Step
2, any of the participating Step 2 entities may within fourteen (14) calendar days
after the initial Step 2 meeting, submit the grievance in writing (copies to other
participants) to the next available arbitrator of the panel of arbitrators consisting of
.J.J. Pierson Jr., Esq., Gary Kendellen and Wellington Davis, who shall act as the
Arbitrator under this procedure. The Labor Arbitration Rules of the American
Arbitration Association shall govern the conduct of the arbitration hearing, at
which all Step 2 participants shall be parties. The decision of the Arbitrator shall
be final and binding on the involved Contractor, Local Union and employees and
the fees and expenses of such arbitrations shall be borne equally by the involved
Contractor and Local Union. The owner may take any necessary steps to enforce
compliance with the arbitrator’s decision.
(b) Failure of the grieving party to adhere to the time limits set forth in
this Article shall render the grievance null and void. These time limits may be
extended only by written consent of the Owner, involved Contractor and involved
Local Union at the particular step where the extension is agreed upon. The
Arbitrator shall have authority to make decisions only on the issues presented to
him and shall not have the authority to change, add to, delete or modify any
provision of this Agreement.
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SECTION 2. LIMITATION AS TO RETROACTIVITY
No arbitration decision or award may provide retroactivity of any kind exceeding
60 calendar days prior to the date of service of the written grievance on the Owner and
the involved Contractor or Local union.
SECTION 3. PARTICIPATION BY OWNER
The Owner and the President of the County Council shall be notified by the
involved Contractor of all actions at Steps 2 and 3 and, at its election, the Owner may
participate in full in all proceedings at these Steps, including Step 3 arbitration.
ARTICLE 10 – JURISDICTIONAL DISPUTES
SECTION 1. NO DISRUPTIONS
There will be no strikes, sympathy strikes, work stoppages, slowdowns, picketing
or other disruptive activity of any kind arising out of any jurisdictional dispute. Pending
the resolution of the dispute, the work shall continue uninterrupted and as assigned by the
Contractor. No jurisdictional dispute shall excuse a violation of Article 7.
SECTION 2. ASSIGNMENT
A. There shall be a mandatory pre-job markup / assignment meeting prior to the
commencement of any work. Attending such meeting shall be designated representatives
of the Union signatories to this Agreement, the CM, the owner, and the involved
Contractors. Best efforts will be made to schedule the pre-job meeting in a timely manner
after Notice to Proceed is issued but not later then 30 days prior to the start of the Project.
B. All Project construction work assignments shall be made by the Contractor
according to the criteria set forth in Section 3, Subsection D 1-3.
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C. When a Contractor has made an assignment of work, he shall continue the
assignment without alteration unless otherwise directed by an arbitrator or there is
agreement between the National or International Unions involved. Claims of a change of
original assignment shall be processed in accordance with Article I of the Procedural
Rules of the Plan for the Settlement of Jurisdictional Disputes in the Construction
Industry (“the Plan”).
D. In the event that a Union involved in the change of original assignment dispute
is an affiliate of a National or International Union that is not affiliated with the Building
and Construction Trades Department and does not wish to process a case through the
Plan, the parties shall mutually select one of the following Arbitrators: Arbitrator J.J.
Pierson, Arbitrator Paul Greenberg or Arbitrator Walter Kardy and submit the dispute
directly to the Arbitrator. The selected Arbitrator shall determine whether the case
requires a hearing or may be decided upon written submissions. In rendering his
termination on whether there has been a change of original assignment, the Arbitrator
shall be governed by the following.
1. The contractor who has the responsibility for the performance and
installation shall make a specific assignment of the work which is included in his contract
to a particular union(s). For instance, if contractor A subcontracts certain work to
contractor B, then contractor B Shall have the responsibility for making the specific
assignments for the work included in his contract. If contractor B, in turn, shall
subcontract certain work to contractor C, then contractor C shall have the responsibility
for making the specific assignment for the work included in his contract. After work has
been so assigned, such assignment will be maintained even though the assigning
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contractor is replaced and such work is subcontracted to another contractor. It is a
violation of the Agreement for the contractor to hold up disputed work or shut down a
project because of a jurisdictional dispute.
2. When a contractor has made an assignment of work, he shall continue the
assignment without alteration unless otherwise directed by an arbitrator or there is
agreement between the National and International Unions involved.
a. Unloading and/or handling of materials to stockpile or storage by a
trade for the convenience of the responsible contractor when his employees are not on the
job site, or in an emergency situation, shall not be considered to be an original
assignment to that trade.
b. Starting of work by a trade without a specific assignment by an
authorized representative of the responsible contractor shall not be considered an original
assignment to that trade, provided that the responsible contractor, or his authorized
representative, promptly, and, in any event, with eight working hours following the start
of work, takes positive steps to stop further unauthorized performance of the work by that
trade.
SECTION 3. PROCEDURE FOR SETTLEMENT OF DISPUTES
A. Any Union having a jurisdictional dispute with respect to Project work
assigned to another Union will submit through its International the dispute in writing to
the Administrator, Plan for the Settlement of Jurisdictional Disputes in the Construction
Industry ("the Plan") within 72 hours and send a copy of the letter to the other Union
involved, the Contractor involved, the General Contractor, the BTC, and the district or
area councils of the unions involved. Upon receipt of a dispute letter from any union, the
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Administrator will invoke the procedures set forth in the Plan to resolve the jurisdictional
dispute. The jurisdictional dispute letter shall contain the information described in
Article IV of the Procedural Rules of the Plan.
B. Within five calendar days of receipt of the dispute letter, there shall be
meeting the General Contractor, the Contractor involved, the Local Unions involved and
designees of the BTC and the district or area councils of the Local Unions involved for
the purpose of resolving the jurisdictional dispute.
C. In order to expedite the resolution of jurisdictional disputes, the parties
have agreed in advance to mutually select one of the following designated Arbitrators:
Arbitrator J.J. Pierson, Arbitrator Paul Greenberg or Arbitrator Walter Kardy to hear all
unsolved jurisdictional disputes arising under this Agreement. All other rules and
procedures of the Plan shall be followed. If none of the three Arbitrators is available to
hear the dispute within the time limits of the Plan, the Plan’s arbitrator selection process
shall be utilized to select another arbitrator.
D. In the event that a Union involved in the dispute is an affiliate of a
National or International Union that is not affiliated with the Building and Construction
Trades Department and does not wish to process a case through the Plan as described in
paragraphs A-C above, the parties to the dispute shall mutually select one of the
following Arbitrators: Arbitrator J.J. Pierson, Arbitrator Paul Greenberg or Arbitrator
Walter Kardy to hear the dispute and shall submit the dispute directly to the selected
arbitrator. The time limits for submission and processing disputes shall be the same as
provided elsewhere in this Section. The selected Arbitrator shall schedule the hearing
within seven business days from the date of submission. If he cannot hear the case within
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the required timeframe, one of the other Arbitrators will be selected to hear the case
unless all parties to the dispute agree to waive the seven day time limit. In rendering his
decision, the Arbitrator shall determine:
1. First whether a previous agreement of record or applicable agreement,
including a disclaimer agreement, between the National and International Unions to the
dispute governs;
2. Only if the Arbitrator finds that the dispute is not covered by an
appropriate or applicable agreement of record or agreement between the crafts to the
dispute, he shall then consider the established trade practice in the industry and
prevailing practice in the locality. Where there is a previous decision of record
governing the case, the Arbitrator shall give equal weight to such decision of record
governing the case, the Arbitrator shall give equal weight to such decision of record,
unless the prevailing practice in the locality in the past ten years favors one craft. In
that case, the Arbitator shall base his decision on the practice in the locality. Except,
that if the Arbitrator finds that a craft has improperly obtained the prevailing practice in
the locality through raiding, the undercutting of wages or by the use of vertical
agreements, the Arbitrator shall rely on the decision of record and established trade
practice in the industry rather than the prevailing practice in the industry rather than the
prevailing practice in the locality.
3. Only if none of the above criteria is found to exist, the Arbitrator shall
then consider that because efficiency, cost or continuity and good management are
essential to the well being of the industry, the interests of the consumer or the practices
of the employer shall not be ignored.
EXHIBIT 'E'
The Arbitrator shall set forth the basis for his decision and shall explain his
findings regarding the applicability of the above criteria. If lower-ranked criteria are
relied upon, the Arbitator shall explain why the higher-ranked criteria were not deemed
applicable. The Arbitrator’s decision shall only apply to the job in dispute.
Each party to the arbitration shall bear its own expense for the arbitration
and agrees that the fees and expenses of the Arbitrator shall be borne by the losing
party or parties as determined by the Arbitrator.
E. The Arbitrator will render a short-form decision within five (5) days of the
hearing based upon the evidence submitted at the hearing, with a written decision to
follow within 30 days of the close of hearing.
F. This Jurisdictional Dispute Resolution Procedure will only apply to work
performed by Local Unions at the Project.
G. Any Local Union involved in a jurisdictional dispute on this Project shall
continue working in accordance with Section 2 above and without disruption of any kind.
SECTION 4. AWARD
Any jurisdictional award pursuant to Section 3 shall be final and binding
on the disputing Local Unions and the involved Contractor on this Project only, and may
be enforced in accordance with the provisions of Article VII of the Plan. Any award
rendered pursuant to the alternate procedures of this Article shall be final and binding on
the disputing Local Unions and the involved Contractor on this Project only, and may be
enforced in any court of competent jurisdiction. Such award or resolution shall not
establish a precedent on any other construction work not covered by this Agreement. In
EXHIBIT 'E'
all disputes under this Article, the General Contractor and the involved Contractors shall
be considered parties in interest.
SECTION 5. LIMITATIONS
The Arbitrator shall have no authority to assign work to a double crew, that is, to
more employees than the minimum required by the Contractor to perform the work
involved; nor to assign the work to employees who are not qualified to perform the work
involved; nor to assign work being performed by non-union employees to union
employees. This does not prohibit the establishment, with the agreement of the involved
Contractor, of composite crews where more than one employee is needed for the job.
The aforesaid determinations shall decide only to whom the disputed work belongs.
SECTION 6. NO INTERFERENCE WITH WORK
A. There shall be no interference or interruption of any kind with the work of

the Project while any jurisdictional dispute is being resolved. The work shall proceed as
assigned by the Contractor until finally resolved under the applicable procedure of this
Article. The award shall be confirmed in writing to the involved parties. There shall be
no strike, work stoppage or interruption in protest of any such award. Any claims of a
violation of this section shall be submitted and processed in accordance with the
impediment to job progress provisions of the Plan.
B. In the event a Union alleged to have engaged in an impediment to job
progress is an affiliate of a National or International Union that is not affiliated with the
Building and Construction Trades Department and does not wish to have the impediment
to job progress charge processed through the Plan, the parties to the dispute shall
mutually select one of the three Arbitrators designated in this Article to hear the dispute.
The selected Arbitrator shall schedule the hearing within two business days from the date
of submission. If he cannot hear the case within the required timeframe, one of the other
Arbitrators shall be selected by the parties to hear the case unless all parties to the dispute
agree to waive the two day time limit. The sole issue at the hearing shall be whether or
EXHIBIT 'E'
not a violation of this Section has in fact occurred, and the Arbitrator shall have no
authority to consider any matter in justification, explanation or mitigation of such
violation or to award damages. The Arbitrator's decision shall be issued in writing within
3 hours after the close of the hearing, and may be issued without an opinion. If any party
desires an opinion, one shall be issued within 15 days, but its issuance shall not delay
compliance with, or enforcement of, the decision. The Arbitrator may order cessation of
the violation of this Section and other appropriate relief, and such decision shall be
served on all parties by facsimile upon issuance. Each party to the arbitration shall bear
its own expense for the arbitration and agrees that the fees and expenses of the Arbitrator
shall be borne by the losing party or parties as determined by the Arbitrator.
ARTICLE 11 – WAGES AND BENEFITS
SECTION 1. CLASSIFICATION AND BASE HOURLY RATE
All employees covered by this Agreement shall be classified in accordance with
the work performed and paid the base hourly wage rates for those classifications as
specified in the attached Schedules A, as amended during this Agreement. Recognizing,
however, that special conditions may exist or occur on the Project, the parties, by mutual
agreement may establish rates and/or hours for one or more classifications which may
differ from Schedules A. Parties to such agreements shall be the Owner, the Contractor
involved, the involved Local Unions and the County Council.
SECTION 2. TRUST FUNDS
A. The Contractors agree to pay contributions to the established funds in the
amounts designated in the appropriate Schedule A. Jointly trusteed fringe
benefit plans established or negotiated through collective bargaining
during the life of this Agreement may be added.
EXHIBIT 'E'
B. The Contractor agrees to be bound by the written terms of the legally
established Trust Agreements specifying the detailed basis on which
payments are to be paid into, and benefits paid out of, such Trust Funds
but only with regard to work done on this Project and only for those
employees to whom this Agreement requires such benefits Payments.
C. It is agreed that in return for the Local Unions not striking over alleged
benefit fund delinquencies, the Owner agrees to withhold from
outstanding monies due to an alleged delinquent contractor/subcontractor,
upon fifteen (15) days written notice from the respective Benefit Fund
Administrator, the amount claimed and the amount owed will be paid
within thirty (30) days after receipt of the notification by the General
Contractor if not paid prior to said date by the delinquent
contractor/subcontractor.
ARTICLE 12 – HOURS OF WORK, PREMIUM PAYMENTS, SHIFTS AND
HOLIDAYS
SECTION 1. WORK WEEK AND WORK DAY
A. The standard work week shall consist of 40 hours of work at straight time
rates per the following schedule:
(1) Five-Day Work Week: Monday – Friday; five days, eight hours
plus ½ hour unpaid lunch period per day.
(2) Four-Day Work Week: Monday – Thursday; four days ten hours
plus ½ hour unpaid lunch period per day.
EXHIBIT 'E'
B. The Day Shift shall commence between the hours of 6:00 a.m. and 9:00
a.m. and shall end between the hours of 2:30 p.m. and 7:30 p.m. Starting and quitting
times shall occur at the employees’ place of work as may be designated by the
Contractor. in accordance with area practice.
C. Notice – Contractors shall provide not less than five days prior notice to
the Local Union involved as to the work hour schedules to be worked or
such lesser notice as may be mutually agreed upon.
SECTION 2. OVERTIME
Overtime pay for hours outside of the standard work week and work day, described in
paragraph A above, shall be paid in accordance with the applicable Schedule A. There
will be no restriction upon the Contractor’s scheduling of overtime or the non-
discriminatory designation of employees who shall be worked. There shall be no
pyramiding of overtime pay under any circumstances. The Contractor shall have the
right to schedule work so as to minimize overtime.
SECTION 3. SHIFTS
A. Flexible Schedules – Scheduling of shift work shall remain flexible in
order to meet Project schedules and existing Project conditions including the
minimization of interference with traffic. It is not necessary to work a day shift in order
to schedule a second shift. Shifts must be worked a minimum of five consecutive work
days, must have prior approval of the Owner, and must be scheduled with not less than
five work days notice to the Local Union.
B. Second Shift – The second shift (starting between 2 p.m. and 8 p.m.) shall
consist of eight hours work (or ten hours of work) for and equal number of hours pay at
EXHIBIT 'E'
the straight time rate plus 15% in lieu of overtime and exclusive of a ½ hour unpaid lunch
period.
C. Flexible Starting Times – Shift starting times will be adjusted by the
Contractor as necessary to fulfill Project requirements subject to the notice requirements
of paragraph A.
D. It is agreed that when project circumstances require a deviation from the
above shifts, the involved unions, contractors and the Owner shall adjust the starting
times of the above shifts or establish shifts which meet the project requirements. It is
agreed that neither party will unreasonably withhold their agreement.
SECTION 4. HOLIDAYS
A. Schedule - There shall be 8 recognized holidays on the Project:
New Years Day Labor Day

Presidents Day Veterans Day
Memorial Day Thanksgiving Day
Fourth of July Christmas Day
*Work shall be scheduled on Good Friday pursuant to the craft’s Schedule A.
All said holidays shall be observed on the dates designated by New Jersey State
Law. In the absence of such designations, they shall be observed on the calendar date
except those holidays which occur on Sunday shall be observed on the following
Monday. Holidays falling on Saturday are to be observed on the preceding Friday.
B. Payment - Regular holiday pay, if any, and/or premium pay for work
performed on such a recognized holiday shall be in accordance with the applicable
Schedule A.
C. Exclusivity - No holidays other than those listed in Section 4-A above

shall be recognized nor observed except in Presidential Election years when Election Day
is a recognized holiday.
EXHIBIT 'E'
SECTION 5. REPORTING PAY
A. Employees who report to the work location pursuant to regular schedule
and who are not provided with work or whose work is terminated early by a Contractor,
for whatever reason, shall receive minimum reporting pay in accordance with the
applicable Schedule A.
B. When an employee, who has completed his/her scheduled shift and left the
Project site, is “called out” to perform special work of a casual, incidental or irregular
nature, the employee shall receive pay for actual hours worked with a minimum
guarantee, as may be required by the applicable Schedule A.
C. When an employee leaves the job or work location of his/her own
violation or is discharged for a cause or is not working as a result of the Contractor’s
invocation of Section 7 below, he/she shall be paid only for he actual time worked.
D. Except as specifically set forth in this Article, there shall be no premiums,
bonuses, hazardous duty, high time or other special payments of any kind.
E. There shall be no pay for time not actually worked except as specifically
set forth in this Article or except where specifically provided in applicable Schedule A.
SECTION 6. PAYMENT OF WAGES
A. Payday- Payment shall be made by check, drawn on a New Jersey bank
with branches located within commuting distance of the job site. Paychecks shall be
issued by the Contractor at the job site by 10 a.m. on Wednesdays. Not more than 3
day’s wages shall be held back in any pay period. Paycheck stubs shall contain the name
and business address of the Contractor, together with an itemization of deductions from
EXHIBIT 'E'
gross wages. Employees of the Owner may sign up for direct deposit of their paychecks
into any bank they choose.
B. Termination – Employees who are laid off or discharged for cause shall be
paid in full for that which is due them at the time of termination. The Contractors shall
also provide the employee with a written statement setting forth the date of layoff or
discharge.
SECTION 7. EMERGENCY WORK SUSPENSION
A Contractor may, if considered necessary for the protection of life and/or safety of
employees or others, suspend all or a portion of Project Work. In such instances,
employees will be paid for actual time worked; provided, however, that when a
Contractor requests that employees remain at the job site available for work, employees
will be paid for “stand-by” time at their hourly rate of pay.
SECTION 8. INJURY/DISABILITY
An employee, who, after commencing work, suffers a work-related injury or
disability while performing work duties, shall receive no less than eight hours wages for
that day. Further, the employee shall be rehired at such time as able to return to duties
provided there is still work available on the Project for which the employee is qualified
and able to perform.
SECTION 9. TIME KEEPING
Each employee must check in and out. The Contractor will provide adequate
facilities for checking in and out in an expeditious manner.
EXHIBIT 'E'
SECTION 10. MEAL PERIOD
A Contractor shall schedule an unpaid period of not more than ½ hour duration at
the work location between the 3rd and 5th hour of the scheduled shift. A Contractor may,
for efficiency of operations, establish a schedule which coordinates the meal periods of
two or more crafts. If an employee is required to work through the meal period, the
employee shall be compensated in a manner established in the applicable Schedule A.
SECTION 11. BREAK PERIODS
Local area practice will prevail for coffee breaks.
ARTICLE 13 - APPRENTICES
SECTION 1. RATIOS
Recognizing the need to maintain continuing supportive programs designed to
develop adequate numbers of competent workers in the construction industry and to
provide craft entry opportunities for minorities, women and economically disadvantaged
non-minority males, Contractors will employ apprentices in their respective crafts to
perform such work as is within their capabilities and which is customarily performed by
the craft in which they are indentured. Contractors may utilize apprentices and such
other appropriate classifications as are contained in the applicable Schedule A in a ratio
not to exceed 25% of the work force by craft (without regard to whether a lesser ratio is
set forth is Schedule A), unless the applicable Schedule A provide for a higher
percentage. Apprentices and such other classifications as are appropriate shall be
employed in a manner consistent with the provision of the appropriate Schedule A.
EXHIBIT 'E'
ARTICLE 14 – SAFETY PROTECTION OF PERSON AND PROPERTY
SECTION 1. SAFETY REQUIREMENTS
Each Contractor will ensure that applicable OSHA requirements are at all times
maintained on the Project and the employees and Unions agree to cooperate fully with
these efforts. Employees must perform their work at all times in a safe manner and
protect themselves and the property of the Contractor and the Owner from injury or harm.
Failure to do so will be grounds for discipline, including discharge.
SECTION 2. CONTRACTOR RULES
Employees covered by this Agreement shall at all times be bound by the
reasonable safety, security, and visitor rules as established by the Contractors and the
Owner for this Project. Such rules will be published and posted in conspicuous places
throughout the Project.
SECTION 3. INSPECTIONS
The Contractors and Owner retain the right to inspect incoming shipments of equipment,
apparatus, machinery and construction materials of every kind.
ARTICLE 15 – NO DISCRIMINATION
SECTION 1. COOPERATIVE EFFORTS
The Contractor and Unions agree that they will not discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin or age in any manner prohibited by law or regulation. It is recognized that special
procedures may be established by Contractors and Local Unions and the New Jersey
State Department of Labor for the training and employment of persons who have not
EXHIBIT 'E'
previously qualified to be employed on construction projects of the type covered by this
Agreement. The parties to this Agreement will assist in such programs and agree to use
their best efforts to ensure that the goals for female and minority employment are met on
this Project.
SECTION 2. LANGUAGE OF AGREEMENT
The use of the masculine or feminine gender in this Agreement shall be construed as
including both genders.
ARTICLE 16 – GENERAL TERMS
SECTION 1. PROJECT RULES
The Owner and Contractor shall establish such reasonable Project rules as are
appropriate for the good order of the Project. Such rules shall not conflict with this
Agreement or applicable Agreement in Schedule A. These rules will be explained at the
pre-job conference and posted at the Project site and may be amended thereafter as
necessary. Failure of an employee to observe these rules and regulations shall be grounds
for discipline, including discharge. The fact that no order was posted prohibiting a
certain type of misconduct shall not be a defense to an employee disciplined or discharge
for such misconduct when the action taken is for cause.
SECTION 2. TOOLS OF THE TRADE
The welding/cutting torch and chain fall are tools of the trade having jurisdiction
over the work performed. Employees using these tools shall perform any of the work of
the trade. There shall be no restrictions on the emergency use of any tools or equipment
by any qualified employee or on the use of any tools or equipment for the performance of
work within the employee’s jurisdiction.
EXHIBIT 'E'
SECTION 3. SUPERVISION
Employees shall work under the supervision of the craft foreperson or general
foreperson.
SECTION 4. TRAVEL ALLOWANCES
There shall be no payments for travel expenses, travel time, subsistence allowance
or other such reimbursements or special pay except as expressly set forth in this
Agreement.
SECTION 5. FULL WORK DAY
Employees shall be at their staging area at the starting time established by the
Contractor and shall be returned to their staging area by quitting time after performing
their assigned functions under the supervision of the Contractor. The signatories reaffirm
their policy of a fair day’s work for a fair day’s wage.
SECTION 6. COOPERATION
The Owner and the Unions will cooperate in seeking any NJ Department of Labor
approvals that may be required for implementation of any terms of this Agreement.
ARTICLE 17 – SAVINGS AND SEPARABILITY
SECTION 1. THIS AGREEMENT
In the event that the application of any provision of this Agreement is enjoined,
on either an interlocutory or permanent basis, or otherwise found in violation of law, the
provision involved shall be rendered, temporarily or permanently, null and void but the
remainder of the Agreement shall remain in full force and effect. In such event, the
Agreement shall remain in effect for contracts already bid and awarded or in construction
EXHIBIT 'E'
where the Contractor voluntarily accepts the Agreement. The parties to this Agreement
will enter into negotiations for a substitute provision in conformity with the law and the
intent of the parties for contracts to be let in the future.
SECTION 2. THE BID SPECIFICATIONS
In the event that the bid specifications, or other action, requiring that a successful
bidder become signatory to this Agreement is enjoined, or either an interlocutory or
permanent basis, or otherwise found in violation of law, such requirement shall be
rendered, temporarily or permanently, null and void but the agreement shall remain in
full force and effect to the extent allowed by law. In such event, the Agreement shall
remain in effect for contracts already bid and awarded or in construction where the
Contractor voluntarily accepts the Agreement. The parties will enter into negotiations as
to modifications to the Agreement to reflect the court action taken and the intent of the
parties for contracts to be let in the future.
SECTION 3. NON-LIABILITY
In the event of an occurrence referenced in Section 1 or Section 2 of this Article,
neither the Authority; the Owner; any Contractor; nor any signatory Union shall be liable,
directly or indirectly, for any action taken, or not taken, to comply with any court order,
injunction or determination. Project bid specifications will be issued in conformance
with court orders then in effect and no retroactive payments or other action will be
required if the original court determination is ultimately reversed.
SECTION 4. NON-WAIVER
Nothing in this Article shall be construed as waiving the prohibitions of Article 7
as to signatory Contractors and signatory Unions.
EXHIBIT 'E'
ARTICLE 18 – FUTURE CHANGES IN SCHEDULE A AREA CONTRACTS
SECTION 1. CHANGES TO AREA CONTRACTS
A. Schedule A to this Agreement shall continue in full force and effect until
the Contractor and/or Union parties to the Area Collective Bargaining
Agreements which are the basis for Schedule A notify the Owner in
writing of the mutually agreed upon changes in provision of such
agreements which are applicable to the Project, and their effective dates.
B. It is agreed that any provisions negotiated into Schedule A collective
bargaining agreements will not apply to work on this Project if such
provisions are less favorable to this Project than those uniformly required
of contractors for construction work normally covered by those
agreements; nor shall any provision be recognized or applied on this
Project if it may be construed to apply exclusively, or predominantly, to
work covered by this Project Agreement.
C. Any disagreement between signatories to this Agreement over the
incorporation into Schedule “A” of provisions agreed upon in the
renegotiation of Area Collective Bargaining Agreements shall be resolved
in accordance with the procedure set forth in Article 9 of this Agreement.
SECTION 2. LABOR DISPUTES DURING AREA CONTRACT NEGOTIATIONS
The Unions agree that there will be no strikes, work stoppages, sympathy actions,
picketing, slowdowns or other disruptive activity or other violations of Article 7 affecting
the Project by any Local Union involved in the renegotiation of Area Local Collective
Bargaining Agreements nor shall there be any lockout on this Project affecting a Local
EXHIBIT 'E'
Union during the course of such renegotiations. The Contractors agree that all payments
due under any renegotiated area Local Collective Bargaining Agreement shall be made
retroactive to the effective date thereof.
ARTICLE 19 – HELMETS TO HARDHATS
The Employers and the Unions recognize a desire to facilitate the entry into the
building and construction trades of veterans who are interested in careers in the building
and construction industry. The Employers and Unions agree to utilize the services of the
Center for Military recruitment, Assessment and Veterans Employment (hereinafter
“Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for
preliminary orientation, assessment of construction aptitude, referral to apprenticeship
programs or hiring halls, counseling and mentoring, support network, employment
opportunities and other needs as identified by the parties.
The Unions and Employers agree to coordinate with the Center to create and
maintain an integrated database of veterans interested in working on the Project and of
apprenticeship and employment opportunities for the Project. To the extent permitted by
law, the Unions will give credit to such veterans for bona fide, provable past experience.
EXHIBIT 'E'
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and
effective as of the __________ day of ___________, 20____.
FOR THE DIVISION OF PROPERTY MANAGEMENT AND CONSTRUCTION
By: ____________________________________________________________
Richard Flodmand, Deputy Director
FOR THE BUILDING AND CONSTRUCTION TRADES

MERCER COUNTY & VICINITY BUILDING AND CONSTRUCTION TRADES
COUNCIL
By: ____________________________________________________________
Wayne DeAngelo, President
FOR LOCAL UNION AFFILIATES:
BRICKLAYERS AND MASONS, LOCAL
By: ____________________________________________________________
(Name/Title)
CARPENTERS AND MILLWRIGHTS, LOCAL
By: ____________________________________________________________
(Name/Title)
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
By: ____________________________________________________________
(Name/Title)
EXHIBIT 'E'
IRONWORKERS, LOCAL
By: ____________________________________________________________
(Name/Title)
LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
By: ____________________________________________________________
(Name/Title)
PAINTERS DISTRICT COUNCIL
By: ___________________________________________________________
(Name/Title)
PLUMBERS AND PIPEFITTERS, LOCAL
By: ___________________________________________________________
(Name/Title)
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL
By: ___________________________________________________________
(Name/Title)
TEAMSTERS, LOCAL, IBT
By: ___________________________________________________________
(Name/Title)
EXHIBIT 'E'
SHEETMETAL WORKERS, LOCAL
By: ___________________________________________________________
(Name/Title)
ASBESTOS WORKERS, LOCAL
By: ___________________________________________________________
(Name/Title
BOILERMAKERS, LOCAL
By: ___________________________________________________________
(Name/Title)
OPERATIVE PLASTERERS AND CEMENT MASONS, LOCAL
By: ___________________________________________________________
(Name/Title)
SPRINKLERFITTERS, LOCAL
By: ___________________________________________________________
(Name/Title)
TILE AND MARBLE WORKERS, LOCAL
By: ___________________________________________________________
(Name/Title)
END
EXHIBIT 'E'
SCHEDULE A
A COPY OF EACH UNION’S CURRENT COLLECTIVE BARGAINIG

AGREEMENT IS INCLUDED AS PART OF SCHEDULE A BY REFERENCE,
UPON EXECUTION BY THE SIGNATORY LOCAL.
Asbestos, Lead & Hazardous Waste Laborers, Local 78 & 89
Boilermaker, Local 28
Bricklayers and Allied Crafts, Locals 2 & 5
Carpenters, Locals 254 & 255
Electrical Workers, Local 269
Elevator Constructors, Local 5
Heavy Construction Laborers, Local 172
Insulators and Allied Workers, Local 32
Ironworkers, Local 68
Laborers, Local 77 & 172
Millwrights, Local 715
Operating Engineers, Local 825
Painters and Allied Trades, District Council 711
Plasterers & Cement Masons, Local 592
Plumbers and Pipefitters, Local 9
Roofers, Local 30
Sheet Metal Workers, Local 27
Sprinkler Fitters, Local 692
Teamsters, Local 469
Tile/Marble/Terrazzo Workers, Local 7
Millwrights, Local 715
Sheet Metal Workers (Sign Hangers), Local 19
EXHIBIT 'E'
PROJECT LABOR AGREEMENT
COVERING SELECTIVE REMOVALS AND DEMOLITION

EXECUTIVE STATE HOUSE, TRENTON NJ
DPMC PROJECT A1150-05
LETTER OF ASSENT
Re: Project Labor Agreement

Mercer & Vicinity Building & Trades Council, AFL-CIO and the State of New Jersey,
Department of the Treasury, Division of Property Management and Construction (the
“Agreement’)
The undersigned, as a Contractor, or Subcontractor on a Contract which is part of large project

construction for the State of New Jersey, for and in consideration of the award of a Contract to perform
work on said Project, and in further consideration of the mutual promises made in the Project Labor
Agreement, a copy of which was received and is acknowledged, hereby:
(1) On behalf of itself and all its employees, accepts and agrees to be bound by the terms
and conditions of the Project Labor Agreement, together with any and all amendments
and supplements now existing or which are later made thereto, and understands that
any act of non-compliance with all such terms and conditions will subject the non-
complying Contractor or employee(s) to being prohibited from the Project Site until
full compliance is obtained.
(2) Certifies that it has no commitments or agreements that would preclude its full
compliance with the terms and conditions of said Projects Labor Agreement.
(3) Agrees to secure from any Contractor(s) (as defined in said Project Labor Agreement)
which is or becomes a Subcontractor(s) (of any tier), a duly executed Letter of Assent
in form identical to this document prior to commencement of any work.
_______________________________
Company Name
By: ___________________________ Contract Number ___________
Title: __________________________ Contractor__________________
Date: __________________________
cc: (Unions employed by Contractor)
EXHIBIT 'E'

A1150-07 ESH CM Services SOW FINAL 8-15-17 With Exhibits

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A1150-07 ESH CM Services SOW FINAL 8-15-17 With Exhibits

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SCOPE OF WORK

Construction Management Services

Project No. A1150-07

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY

DIVISION OF PROPERTY MANAGEMENT AND CONSTRUCTION

NEW JERSEY BUILDING AUTHORITY

Date: August 15, 2017

Document Format Revision (2-8-17)

1. Early Bid Packages for Removals and Investigations: ............................................................. 13

D. PHOTO DOCUMENTATION ..................................................................................................... 23

XIV. GENERAL REQUIREMENTS ......................................................... 35

II. CMF CONSULTANT QUALIFICATIONS

A. CMF CONSULTANT AND SUB-CONSULTANT PRE-QUALIFICATIONS

• P029 Construction Management

• P019 Building Commissioning

III. PROJECT BUDGET

A. CONSTRUCTION COST ESTIMATE (CCE)

B. CURRENT WORKING ESTIMATE (CWE)

C. CMF CONSULTANT’S FEES

IV. PROJECT MILESTONE SCHEDULE

A. DESIGN AND CONSTRUCTION SCHEDULE

V. PROJECT SITE LOCATION & TEAM MEMBERS

A. PROJECT SITE ADDRESS

Executive State House

Refer to Exhibit ‘A’.

B. PROJECT TEAM MEMBER DIRECTORY

Name: Richard Flodmand, Deputy Director

2. New Jersey Building Authority Representatives:

Name: Anthony Faraca, Chief of Construction

Name: Phil Johnson, Project Manager

VI. PROJECT BACKGROUND

1. Early Bid Packages

• Selective Interior Removals and Demolition (1 package)

• Window Frame Removal and Restoration

2. Comprehensive Renovation and Restoration Project

G. CMF’S PROJECT COST RECORDS

H. WEB SITE - RECORDS AND DOCUMENTATION

J. CMF SENIOR PROJECT MANAGER

M. PROJECT DESIGN AND CONSTRUCTION SCHEDULE

1. Early Bid Packages for Removals and Investigations:

• Selective Interior Removals and Demolition (1 package)

2. Comprehensive Renovation and Restoration Project:

a) Design Phase Schedule

b) Construction Phase Schedule Development

Each schedule activity/task shall include, but not be limited to:

• Detailed activity/task description

c) Construction Phase Schedule

N. FINANCIAL DATA AND REPORTS

Q. FINANCIAL STATUS REPORT

VIII. DESIGN PHASE RESPONSIBILITIES

A. CONSTRUCTION DOCUMENT REVIEW

2. Building Information Model (BIM)

5. Bid Schedule Adjustment Analysis:

6. Project Labor Agreement:

B. CONTRACTOR SUBMITTAL PROCEDURES

D. SAFETY AND SECURITY

responsibilities for safety and security precautions to be included in Division 1 of the

E. SITE UTILIZATION PLAN

G. PREPARE AND DISTRIBUTE MEETING MINUTES

H. SCHEDULE AND CHAIR DESIGN MEETINGS

I. PREPARE CONSTRUCTION COST ESTIMATES