Project Manual 11-210C - Ramapo College of New Jersey

4.18.2 License and/or Royalty Fees for the use of a process which is authorized by the College must be
reasonable, and paid to the holder of the patent, or its authorized licensee, directly by the College and not by or through
the Contractor.
4.18.3 If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall
provide for such use by suitable agreement with the College of such patented or copyrighted design, device or material.
It is mutually agreed and understood that, without exception, the Contract Prices shall include all royalties or costs
arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or its
Sureties shall indemnify and save harmless the College from any and all claims for infringement by reason of the use of
such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed
to be performed under this Contract, and shall indemnify the College for any cost, expense or damage which it may be
obliged to pay by reason of such infringement at any time during the prosecution of the Work or after the completion of
the Work.
4.19 Right to Audit
4.19.1 The College reserves the right to audit the records of the Contractor in connection with all matters
related to this contract. The Contractor agrees to maintain its records in accordance with generally accepted accounting
principles, for a period of not less than three (3) years after receipt of final payment. "Generally Accepted Accounting
Principles" is defined as follows: Accounting records must identify all labor and material, costs and expenses, whether
they be direct or indirect. The identity must include at least the project number for direct expenses and/or account
number for indirect expenses. All charges must be supported by appropriate documentation, including, but not limited
to cancelled checks.
4.19.2 The Contractor shall develop, maintain and make available to the Contracting Officer on request such
schedule of quantities and costs, progress schedules, daily construction reports, payrolls, reports, estimates, change
orders, all original estimates, takeoffs, and other bidding documents, all Subcontractors and Supplier Contracts and
changes, all records showing all costs and liabilities incurred or to be incurred in connection with the project including
all Subcontractor and Supplier costs, all payment records and all records showing all costs incurred in labor and
personnel of any kind, records and other data as the College may request concerning work performed or to be performed
under this Contract.
4.19.3 The Contractor acknowledges and agrees that no claim for payment which is premised to any degree
upon actual costs of the contractor shall be recognized by the College except and to the extent that such actual costs are
substantiated by records required to be maintained under these provisions.
4.19.4 The Contractor acknowledges and agrees that the Contractor's obligation to establish, maintain and
make available records and the College's right to audit as delineated herein, shall extend to actual costs incurred by
subcontractors in performing work required under the contract or any supplemental agreement thereto. The contractor
shall require in all subcontracts that the Subcontractor establish, maintain and make available to the College all records
as defined and delineated herein relating to all work performed under the subcontractors including work performed by a
Sub-Subcontractor.
4.20 Photographs
4.20.1 With each monthly application for payment until the exterior is completed, the General Contractor
shall submit progress photographs of the building in duplicate to the Contracting Officer or its Representative, taken
from the same points each month. The photographs shall be provided in both hard copy and digital formats (on CD).
4.20.2 Photographs shall be taken on a daily basis representing work in progress. The photographs shall be
submitted with each application for payment and shall be provided in both hard copy and digital formats (on CD).
RCNJ Project No.: 09-270.1C - 23 -