2614 bid set specifications 260922.pdf

ARCHITECTS & PLANNERS ∙ The DOH Associates, PS ∙ WENATCHEE, WASHINGTON

PROJECT MANUAL

NCW FAIRGROUNDS

RESTROOM RENOVATIONS

Douglas County Commissioners

Waterville, Washington

DOH No. 2614

NCW FAIRGROUNDS RESTROOM RENOVATIONS

Douglas County Commissioners Waterville, Washington

DOH No. 2614

September 22, 2026

OWNER: DOUGLAS COUNTY

140 19th Street NW East Wenatchee, Washington 98802 Telephone: (509) 884-7173

Board of Commissioners:

Mr. Dan Sutton, District 1

Mr. Randy Agnew, District 2

Mr. Marc Straub, District 3

County Administrator:

Ms. Jordyn Giulio

ARCHITECT: THE DOH ASSOCIATES, PS

7 N. Wenatchee Avenue, Suite 500 Wenatchee, WA 98801 Telephone: (509) 662-4781

TABLE of CONTENTS

#2614 Table of Contents - i

Pages

Frontispiece Table of Contents

DIVISION 0 – PROCUREMENT and CONTRACTING REQUIREMENTS

Section 00 11 16 Invitation to Bid Section 00 21 00 Instructions to Bidders Section 00 41 00 Form of Proposal

A104 Standard Abbreviated Form of Agreement Between Owner and Contractor

DIVISION 1 – GENERAL REQUIREMENTS

Section 01 23 00 Base Bid and Alternates Section 01 25 00 Substitutions and Product Options Section 01 29 73 Schedule of Values Section 01 31 19 Project Meetings Section 01 32 16 Construction Schedules Section 01 33 00 Submittals Section 01 50 00 Temporary Construction and Services Section 01 73 29 Cutting and Patching Section 01 74 00 Cleaning Section 01 78 23 Operation and Maintenance Data Section 01 78 39 Project Record Documents

DIVISION 2 – EXISTING CONDITIONS

Section 02 41 00 Demolition Hazardous Building Materials Inspection Report

DIVISION 7 – THERMAL and MOISTURE PROTECTION

Section 07 41 13 Preformed Metal Roofing

DIVISION 9 – FINISHES

Section 09 77 20 Fiberglass Reinforced Panels

DIVISION 10 – SPECIALTIES

Section 10 21 00 Toilet Partitions and Urinal Screens Section 10 28 00 Toilet and Bath Accessories

TABLE of CONTENTS

#2614 Table of Contents - ii

DIVISION 22 – PLUMBING

Section 22 00 00 Plumbing

DIVISION 26 – ELECTRICAL

Section 26 00 00 Electrical Work

END OF SECTION – TABLE OF CONTENTS

SECTION 00 11 16

INVITATION TO BID

#2614 00 11 16 - 1

SECTION 00 11 16 – INVITATION TO BID.

PART 1 – GENERAL

1.1 NOTICE TO CONTRACTORS

A. Sealed bids will be received at the Douglas County Public Services Building at 140 19 th Street NW, East Wenatchee, Washington 98802 for the construction of the NCW Fairgrounds Restroom Renovations in Waterville, Washington.

B. Time limits for receipt of proposals are as follows:

1. Section 00 41 00 – Price Proposal must be received by 2:00 pm (local time), November 4, 2026.

2. Bids received after this time will not be considered. Emailed, faxed, or electronically submitted bids will not be accepted.

1.2 SCOPE OF WORK

A. Renovations to the existing fairgrounds restrooms located at 601 N. Monroe Street, Waterville, Washington. The project includes, but not limited to, demolition, plumbing fixture replacement, toilet compartments/accessories replacement, light fixture and electrical panel replacement, metal roofing/trim replacement, and additional items as shown on the Contract Documents. Some of the above noted work will be bid as alternates.

1.3 PROJECT WALKTHROUGH

A. An optional pre-bid tour will be conducted at 601 N. Monroe Street, Waterville, Washington 98858 on Tuesday, October 13, 2026, 10:00 am (local time).

B. Attendance by prospective general contractors and major sub-bidders is strongly encouraged.

1.4 BIDDING DOCUMENTS

A. Bidding Documents, including Instructions to Bidders, Form of Agreement, General Requirements, Drawings and Specifications entitled, “NCW FAIRGROUNDS RESTROOM RENOVATIONS”, may be requested from the Architect in Portable Document Format (PDF) and may also be examined at various construction councils and builder association plan centers, a list of which is available from the office of the Architect.

1. Architect: The DOH Associates, PS, 7 N. Wenatchee Avenue, Suite 500, Wenatchee, WA 98801, (509) 662-4781

2. Drawings and Specifications are also available on the Douglas County website:

https://www.douglascountywa.gov/Bids.aspx

#2614 00 11 16 - 2

3. Bidders who are bidding without procuring documents from the Architect, are encouraged to provide contact information to the Architect for inclusion in the bidder’s list and electronic notifications.

1.5 PREVAILING WAGE

A. The State of Washington prevailing wage rates are applicable for this public works project located in the Town of Waterville in Douglas County. Bidders are responsible to verify and use the most recent prevailing wage rates. The “Effective Date” for this project is the Bid Proposal due date above. The applicable prevailing wage rates may be found on the Department of Labor and Industries website located at:

1. https://secure.lni.wa.gov/wagelookup/

B. Upon request, the Architect will mail a hard copy of the applicable prevailing wages for this project. Please contact The DOH Associates, PS at (509) 662-4781.

1.6 TITLE VI STATEMENT

A. Douglas County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and Title 49 CFR, Subtitle A, Part 21 Nondiscrimination in Federally-Assisted Programs of the Department of Transportation), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

1.7 BID OPENING

A. Bids will be publicly opened by the Owner’s representative immediately following the hour set above.

1. All bidders are welcome to attend this public bid opening.

B. The County reserves the right to reject any and all bids and to waive irregularities or informalities, without cause.

1. By Order of: Douglas County Board of Commissioners

1.8 PUBLICATIONS

A. Published as legal advertisement:

1. Wenatchee World September 30th and October 7th, 2026

2. Daily Journal of Commerce September 30th and October 7th, 2026

PART 2 – PRODUCT

(Not Used)

#2614 00 11 16 - 3

PART 3 – EXECUTION

END OF SECTION 00 11 16

SECTION 00 21 00

INSTRUCTIONS TO BIDDERS

#2614 00 21 00 - 1

SECTION 00 21 00 – INSTRUCTIONS TO BIDDERS

PROPOSALS, to be entitled to consideration, must be made in accordance with the following instructions:

PART 1 – GENERAL

1.1 EXAMINATION OF DOCUMENTS

A. Before submitting a proposal, a bidder shall:

1. Carefully examine the Drawings and Specifications.

2. Visit the site of the Work, making such observations and measurements as may be required.

a. All visits shall be conducted during the walkthroughs with the Owner as scheduled in the Invitation to Bid.

3. Fully inform himself of existing conditions and limitations.

4. Rely entirely upon his own judgment in preparing his proposal.

5. Include in his bid a sum sufficient to cover all items required by the Contract.

B. Failure to do any of the above shall not relieve the bidder from entering into Contract nor excuse him from performing the Work in strict accordance with the terms of the Contract Documents.

C. Except as specifically provided for hereinafter, a Bidder will not be entitled to additional compensation if he subsequently finds the existing conditions to require methods or equipment that he did not anticipate in arriving at his bid sum(s).

1.2 INTERPRETATIONS

A. Questions regarding Drawings and Specifications should be addressed to the Architect and will be answered by addenda addressed to all bidders.

B. Bidders finding discrepancies, omissions or points of doubtful meaning in the Documents should notify the Architect immediately, and if at all possible, at least 36 hours before time set for bid opening.

C. Neither Owner nor Architect will be responsible for oral questions or interpretations.

No statement regarding the Work, except as made by bidding documents or addenda thereto, shall be binding upon the Owner.

D. Questions received less than 4 days (96 hours) before time set for bid opening will not be answered.

#2614 00 21 00 - 2

E. All addenda issued during the bidding period will be incorporated into the Contract.

Each bidder must acknowledge each addendum issued, in the space provided therefore on the bid form, in order to have his bid considered.

1.3 FORM OF PROPOSAL

A. Proposals shall be made upon forms provided for that purpose, signed in longhand by the bidder and with his company name and position typed in the spaces provided. If a bidder is a partnership or co-partnership, at least one partner must sign; if a corporation, print name of corporation, State in which incorporated, and follow by signatures of persons authorized to sign, naming the offices they hold in the corporation.

B. Each proposal shall specify a unit or lump sum price, typed or written with ink in both words and figures, for each of the separate items as called for. In case of discrepancy between the written words and figures, the written words shall govern. Any omission of prices for items, including unit costs, shown in the form of proposal or any addition in writing to the form, or any added conditions, limitations or provisions, will be liable to render the proposal informal and cause its rejection.

C. Fill all blank spaces in the bid form whether with a bid figure or with "Not Applicable" or "No Bid".

1.4 SUBSITUTIONS – PRIOR APPROVAL

A. Bids shall be based strictly upon items and materials either specified in the Contract Documents or which have received written prior approval as stipulated in DIVISION 1 of the Specifications. By signing the Agreement, the Contractor shall warrant that he has verified availability and delivery in order to properly complete the Work within the stipulated time of completion, and agrees that these are the items and materials to be utilized in the Work.

B. Where a manufacturer and model or type number is specified and other manufacturers are named in connection therewith, such additional named manufacturers may submit quotations on their equivalent products, subject to conformance with the provisions of the Contract Documents, without approval prior to bid opening.

C. Substitutions, other than of manufacturers so named, may be made ONLY under the conditions and procedures described in DIVISION 1 of the specifications.

1.5 DELIVERY OF PROPOSAL

A. Bid Proposal and Bid Guarantee shall be enclosed in an opaque sealed envelope, addressed and marked as follows so as to guard against premature opening of any bid:

1. (Name of Bidder Here)

Douglas County Commissioners Public Services Building 140 19th Street NW East Wenatchee, WA 98802

#2614 00 21 00 - 3

PROPOSAL FOR: NCW FAIRGROUNDS RESTROOM RENOVATIONS

B. Bids shall be delivered to the Owner's representative appointed to receive bids, as required by the Invitation to Bid.

1.6 MODIFICATION OR WITHDRAWL OF PROPOSALS AFTER DELIVERY

A. A bidder may, without prejudice to himself, withdraw, modify, or correct a proposal after it has been deposited with the Owner, provided the request for such withdrawal, modification or correction is filed with the Owner in writing, hand delivered, or by electronic mail (e-mail) received before the time set for opening proposals. The original proposal, as modified by such written or electronic communication, will be considered as the proposal submitted by the bidder. Modifications will be accepted only if such modification is received prior to the bid opening time and same is confirmed in writing on the official letterhead of the Contractor. E-mail corrections shall be sent to jgiulio@co.douglas.wa.us and copied to larry@doharchitects.com and must include the subject line “ADMINISTRATION ADDITION Bid Modification”. It shall be the responsibility of the Bidder to acquire an “email delivered receipt” from the recipient confirming delivery prior to the time of bid.

B. Modification(s) of amounts should only state the amount to be added to, or subtracted from, the original submitted proposal so that the final bid will not be revealed until the sealed proposal is opened.

C. Oral or telephone modifications or withdrawals of bids cannot be considered.

D. No bidder will be permitted to withdraw his proposal between the closing time for receipt of proposals and the actual award of Contract, unless the award is delayed for a period exceeding 30 calendar days.

1.7 OPENING OF BIDS

A. Bids received prior to the time of opening will be securely kept, unopened. The Owner's representative, whose duty it is to open them, will determine when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Owner for the premature opening of an improperly addressed or identified bid.

B. At the time and place fixed for the opening of bids, every bid received within the time fixed for receiving bids will be opened and read publicly, irrespective of irregularities therein, and a tabulation of bids will be furnished to all prime bidders as soon as possible thereafter.

1.8 BID GUARANTEE

A. As a guarantee that if awarded the Contract, the bidder will execute same, each bid shall be accompanied by a certified or bank cashier’s check or by a Bid Bond, in the amount not less than five percent (5%) of the total Bid (including alternates, if any) made payable

#2614 00 21 00 - 4 to Douglas County. Bid Bonds must be furnished by a company licensed to do business as surety in the State of Washington.

B. The successful bidder's bid guarantee will be retained until he has entered into Contract and furnished satisfactory Performance Bond and Certificates of Insurance. The Owner reserves the right to hold the bid guarantees of the 2 next lowest bidders until he has done so, or for a period of 30 days, whichever is the shorter time. Bid guarantees of all other bidders will be returned as soon as practicable after bids are opened.

C. Should a bidder fail to enter into Contract and furnish bond and insurance certification, within 10 days after notice that his proposal has been accepted, his bid guarantee and the proceeds thereof shall be retained by the Owner as liquidated damages, not as penalty.

1.9 EVALUATION OF PROPOSALS – EVIDENCE OF QUALIFICATIONS

A. All proposals will be evaluated in accordance with criteria set forth in Washington State Law, the Requirements of the Contract, and the best interests of the Owner.

B. Numbering of Alternates, if any, does not imply the order in which Alternate Bids may be accepted. The Owner reserves the right to accept, or reject, any Alternate Bid in order to produce whichever combination of Base Bid and Alternates he determines will provide the best value for the Project as a whole. Determination of low bid shall be based upon the aggregate total of Base Bid plus selected Alternate Bids.

C. A bidder whose proposal is under consideration shall, upon request, promptly furnish satisfactory evidence of his financial resources, sub-bidders used in his proposal, his experience, and the organization and equipment he has available for the performance of the Contract.

D. The Owner reserves the right to reject any or all proposals without cause, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with State and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work.

E. Without limiting the generality of the foregoing, the Owner may reject any proposal for any of the following reasons:

1. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.

2. If there are unauthorized additions, conditional or alternate pay items or irregularities of any kind which make the proposal incomplete, indefinite or otherwise ambiguous.

3. If for any reason the Owner determines the proposal to be non-responsive or obscure.

4. If the proposal does not contain a unit price for each pay item or a price for each alternate, if any.

5. If the proposal contains unit prices, if any, that are obviously unbalanced.

#2614 00 21 00 - 5

6. If the proposal is not accompanied by a proposal guarantee, such as a Bid Bond, or is accompanied by an insufficient or irregular proposal guarantee.

7. Any proposal from a Bidder which has previously failed to perform satisfactorily, or to complete on time, construction of any nature.

1.10 AWARD OF THE CONTRACT

A. The Douglas County Commissioners will, within thirty (30) days of Bid opening, either reject all bids or proceed to award the Contract for the above Work to the lowest qualified bidder with adequate security.

1. A Contract will not be awarded until Douglas County is satisfied that the successful bidder is reasonably familiar with the class of work contemplated and has the necessary capital, tools and experience to satisfactorily perform the work within the time stated. Completion of the work within the time stated is essential and prior commitments of the bidder, failure to complete other work on time, or reasonable doubt as to whether the bidder would procure equipment or complete the project on time would be cause for rejection of any bid. In addition, the Owner may determine any bidder not to be responsible in accordance with RCW 43.13.1911(9) and/or any other legal authority.

B. The acceptance of the Bid shall be a notice in writing titled “Notice of Award” signed by a duly authorized representative of Douglas County, and no other act shall constitute acceptance of the Bid.

C. Formal execution of the Agreement shall be consummated within 10 days of Notice of Award. Time for completion of the Contract shall commence at 12:00 noon on date of Agreement execution.

D. Within seven (7) days of the Notice of Award of Bid, and prior to execution of Agreement, successful bidder shall submit to the Architect for review:

1. Performance and Payment Bonds in the full amount of the Contract Sum, plus accepted alternates, and Washington State Sales Tax.

2. Certificate(s) of Insurance as stipulated in the General Conditions and Supplementary Conditions.

3. Complete list of subcontractors and major materials suppliers to be utilized on the Work.

1.11 FORM OF AGREEMENT

A. The Form of Agreement shall be the AIA "Standard Abbreviated Form of Agreement Between Owner and Contractor" (A104-17), edited to include additional Conditions of the Contract.

1.12 OWNER’S PROTECTIVE BOND(S) and INSURANCE

#2614 00 21 00 - 6

A. The successful bidder shall furnish to the Owner a corporate surety bond in the full amount of the Contract Sum, plus Washington State Sales Tax, conditioned for the faithful performance of the Contract and for the payment of all laborers, mechanics, subcontractors, materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of the work of said Contract. The surety must be authorized to do business in the State of Washington and be of form satisfactory to the Owner.

B. The successful bidder shall furnish Certificates of Insurance complying with the requirements set forth in the General Conditions and Supplementary General Conditions, and in form satisfactory to the Owner.

1.13 DATE OF COMPLETION and LIQUIDATED DAMAGES

A. The Contractor will be required to credit the Owner the amount(s) stipulated in the Supplementary General Conditions, not as a penalty but as liquidated damages, for each calendar day that the Contractor shall be in default beyond the number of days stipulated in the Form of Proposal as constituting the time for completion of the Contract.

PART 2 – PRODUCT

(Not Used)

END OF SECTION 00 21 00

SECTION 00 41 00

FORM OF PROPOSAL

#2614 00 41 00 - 1

SECTION 00 41 00 – FORM OF PROPOSAL

PART 1 – GENERAL

1.1 TO:

A. The Douglas County Commissioners

1. Public Services Building, 140 19th Street NW, East Wenatchee, WA 98802

1.2 FOR:

A. NCW FAIRGROUNDS RESTROOM RENOVATIONS

1. Dated: September 22, 2026

2. To be constructed in Waterville, Washington

1.3 OFFER:

A. Having carefully examined the Bidding Requirements and Contract Documents for the project, as well as the premises and conditions affecting the Work, the undersigned proposes to furnish all labor and materials and perform all Work for the various parts of the construction in accordance with the above documents for consideration of the following amounts:

1. Combined Work Base Bid

Dollars

Washington State Sales Tax @ 8.5% $ .

Combined Work Base Bid with Sales Tax $ .

2. Combined Work Alternates, the undersigned agrees to perform (or not perform), the following work items of work, as described in the Contract Documents and Schedule of Alternates, for the following additions to (or deductions from), the Base Bid.

a. Alternate #1 – Metal roofing and partial fascia replacement.

Washington State Sales Tax @ 8.5% $ .

Alternate Bid #1 with Sales Tax $ .

3. The undersigned also guarantees the above Alternate Bid Prices for Thirty (30) days from the date of Contract Award as being a fair contract price for which he will execute a Change Order adding the various alternate parcels of work to the Contract.

#2614 00 41 00 - 2

4. Unit Prices, the undersigned further agrees that the following unit prices shall govern additions and/or deductions required and approved during the course of the Work for the categories enumerated; and that these prices are complete, including all overhead, expenses and Contractor’s profit.

a. If damaged plywood roof sheathing is encountered under Alternate #1, unit pricing to include the removal and replacement of (1) sheet of 4x8 plywood by thickness to match existing plywood roof sheathing. The Owner and Architect will determine the quantities of damaged roof sheathing, if any.

Extra $ /each (4’x8’ sheet of plywood), excluding Washington State Sales Tax

5. The above unit prices apply only to approved changes in the Work, and not to any work stipulated in the Contract Documents as being within the Scope of Work for which the Base Bid and/or Alternate Bids are submitted.

1.4 EXTRA WORK

A. The undersigned agrees that, should any extra work be ordered, the following percentages shall be added to material and labor costs to cover overhead and profit:

1. Allowance to General Contractor for overhead and profit for extra work performed by the Contractor’s own force:

a. Fifteen percent (15%)

2. Allowance to General Contractor for overhead and profit for extra work performed by the Subcontractor:

a. Ten percent (10%)

3. Allowance to each Subcontractor (of any tier) for overhead and profit for extra materials or work performed by the Subcontractor’s own force:

a. Fifteen percent (15%)

4. Allowance to each Subcontractor (of any tier) for overhead and profit for extra materials or work performed by its Subcontractor of any lower tier:

a. Ten percent (10%)

B. The above percentages shall include ALL overhead and incidental costs, including insurance, fees, small tools, project management, superintendence, and oversight, etc., except for performance and payment bonds, builder’s risk insurance charges, direct labor and equipment rental costs and state sales tax.

1.5 OVERHEAD, PROFIT & SALES TAX

A. ALL of the above bid prices include overhead and profit.

#2614 00 41 00 - 3

B. NONE of the above bid prices include Washington State Sales Tax.

1.6 CONTRACT and REQUISITES

A. If the undersigned is notified of the acceptance of this bid within 30 calendar days after the time set for the opening of bids, he agrees to execute an Agreement for the above work, for the compensation computed from the above sums, on the modified AIA Form of Agreement included within and to furnish Performance and Payment Bonds, Certificates of Insurance and Schedules, all as required by the Specifications and Instructions to Bidders.

1.7 BID GUARANTEE

A. The undersigned further agrees that the check or bid bond accompanying this proposal is left in escrow with the Architect, and that its amount is the measure of damages which the Owner will sustain by the failure of the undersigned to execute an Agreement for the Work in the form stipulated in the Bidding Documents, and furnish the required bonds, and that if the undersigned fails to execute said Agreement and deliver said bonds within 10 days after written Notice of Award of the Contract to him has been received, then the check shall become the property of the Owner, or the bid bond shall remain in full effect; but if this bid is not accepted within 30 days after the time set for opening bids, or if the undersigned delivers said bonds and executes said Agreement, then the check shall be returned to him or the bid bond shall become void.

1.8 TIME OF COMPLETION

A. The undersigned agrees, if awarded the Contract, the Work will be substantially completed in not more than 120 calendar days from the date of signing of Agreement, and fully completed not more than 30 calendar days after Substantial Completion.

Accepted Alternate Bids will be substantially completed in not more than 120 days from the date of signing of Agreement, and fully completed not more than 30 calendar days after their Substantial Completion. The undersigned further agrees to provisions for payment of liquidated damages as stipulated in the Form of Agreement.

1.9 ADDENDA

A. The undersigned hereby acknowledges receipt of the following Addenda, all costs, provisions, and requirements of which Addenda have been incorporated in the foregoing proposal:

(list each addendum number separately, if none received, enter “none”)

1.10 BID FORM SIGNATURES

(Legal name of bidding firm) Address

Contractor’s Registration Number City State Zip

#2614 00 41 00 - 4

By (Name and Title) Phone

Signature

PART 2 – PRODUCT

END OF SECTION 00 41 00

AIA

Document A104TM – 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

User Notes: (1399017045)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information) and the Contractor:

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

(Name, location and detailed description)

The Architect:

(Name, legal status, address and other information)

The Owner and Contractor agree as follows.

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

TABLE OF ARTICLES

1 THE WORK OF THIS CONTRACT

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENT

5 DISPUTE RESOLUTION

6 ENUMERATION OF CONTRACT DOCUMENTS

7 GENERAL PROVISIONS

8 OWNER

9 CONTRACTOR

10 ARCHITECT

11 SUBCONTRACTORS

12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

13 CHANGES IN THE WORK

14 TIME

15 PAYMENTS AND COMPLETION

16 PROTECTION OF PERSONS AND PROPERTY

17 INSURANCE AND BONDS

18 CORRECTION OF WORK

19 MISCELLANEOUS PROVISIONS

20 TERMINATION OF THE CONTRACT

21 CLAIMS AND DISPUTES

ARTICLE 1 THE WORK OF THIS CONTRACT

The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ « » ] The date of this Agreement.

[ « » ] A date set forth in a notice to proceed issued by the Owner.

[ « » ] Established as follows:

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

(Insert a date or a means to determine the date of commencement of the Work.)

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

§ 2.2 The Contract Time shall be measured from the date of commencement.

§ 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check the appropriate box and complete the necessary information.)

[ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work.

[ « » ] By the following date: « »

§ 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, if any, shall be assessed as set forth in Section 3.5.

ARTICLE 3 CONTRACT SUM

§ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be one of the following:

(Check the appropriate box.)

[ « » ] Stipulated Sum, in accordance with Section 3.2 below

[ « » ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below

[ « » ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below

(Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.)

§ 3.2 The Stipulated Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract Documents.

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

(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 3.2.2 Unit prices, if any:

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

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

Item Units and Limitations Price per Unit ($0.00)

§ 3.2.3 Allowances, if any, included in the stipulated sum:

(Identify each allowance.)

Item Price

§ 3.3 Liquidated damages, if any, as outlined in Article 14:

(Insert terms and conditions for liquidated damages, if any.)

$300 Dollars per Day

For each calendar day after said time for Substantial Completion that the Work remains not substantially complete, and

$200 Dollars per Day For each calendar day in excess of 30 days after Substantial Completion that the Final Completion is not attained, as certified by the Architect. »

ARTICLE 4 PAYMENT

§ 4.1 Progress Payments § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 4.1.3 Provided that an Application for Payment is received by the Architect not later than the «fifth» day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the «fifteenth» day of the «following» month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than «forty five» ( «45» ) days after the Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as follows:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.)

«5%»

§ 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

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

«12» % «Twelve Percent»

§ 4.2 Final Payment § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment;

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

.2 the Contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a Guaranteed Maximum Price; and

.3 a final Certificate for Payment has been issued by the Architect in accordance with Section 15.7.1.

§ 4.2.2 The Owner’s final payment to the Contractor shall be made no later than 45 days after the issuance of the Architect’s final Certificate for Payment, or as follows:

ARTICLE 5 DISPUTE RESOLUTION

§ 5. 1 RESOLUTION OF CLAIMS AND DISPUTES

§ 5.1.1 Pursuant to Article 21, All Claims, disputes and other matters in question of the Contractor arising out of, or relating to, the Contract Documents or the breach thereof (i.e., “Claims”), except claims which have been specifically waived under the terms of the Contract Documents, shall be decided exclusively by the following dispute resolution procedure unless the parties mutually agree in writing otherwise.

§ 5.1.2 The Contractor’s timely written notice of claim, as provided in 5.1.2 above, shall provide the Owner with the amount of the claim and the extent of any claim for a change in the Contract Time with supporting data prior to the Level I meeting described below, unless the Owner agrees in writing to a continuance of the Level I meeting to ascertain more accurate supporting data. The notice shall be deemed to include a statement that the claim covers all changes in cost and in time (direct, indirect, impact, and consequential) to which the Contractor is entitled. Prior to being obliged to attend the Level II meeting, the Owner or its representatives shall have the right to audit the books and records of the Contractor and of any subcontractor of any tier making a Claim.

§ 5.1.2.1 Level I Within seven days of receipt of the written notice, the senior site representative of the contractor, the project representative of the Architect, and the project representative of the Owner shall meet, confer, and attempt to resolve the claim.

§ 5.1.2.2 Level II If the claim is not resolved within seven days of the close of the Level I meeting, an officer of the Contractor (who did not attend the Level I meeting), a principal of the Architect, and the Owner’s senior representative (who did not attend the Level I meeting), shall meet, confer, and attempt to resolve the claim within seven days thereafter.

§ 5.1.2.3 The terms of the resolution of all claims concluded in Level I or II meetings shall be memorialized in writing and signed by each party immediately upon conclusion of the meeting (s).

§ 5.1.2.4 Mediation If, after the above two meetings, the claim is not resolved, the Contractor may bring no claim against the Owner in litigation unless the claim is first subject to non-binding mediation before a single mediator under the Voluntary Construction Mediation Rules of the American Arbitration Association. This requirement cannot be waived except by an explicit written waiver signed by the Owner. An officer of the Contractor and the Senior Representative of the Owner, both having full authority to settle the claim, must attend the mediation session.

To the extent there are other parties in interest, such as subcontractors or suppliers, their representatives, with full authority to settle the claim, shall also attend the mediation session. Unless the Owner and the Contractor mutually agree in writing otherwise, all unresolved claims shall be considered at a single mediation session which shall occur prior to Final Acceptance by the Owner.

§ 5.1.2.5 Litigation The Contractor may bring no litigation on claims unless such claims have been properly raised and considered in the procedures of subparagraphs 15.2.1 and 15.2.2.4 above. All unresolved claims shall be waived and released unless the Contractor has strictly complied with the time limits of the Contract Documents, and litigation is served and filed within the earlier of (a) 60 days after Final Acceptance, of (b) 120 days after Substantial Completion. This requirement cannot, and shall not, be waived except by an explicit written waiver signed by the Owner.

§ 5.2.3 The Contractor shall diligently carry on the Work and maintain the Construction Network during any dispute resolution proceedings, unless otherwise agreed by it and the Owner in writing, § 5.2.4 The Contractor agrees that the Owner may join the Contractor as a party to any litigation/arbitration involving the Project in any way. All disputes shall be decided by litigation in strict accordance with the time limits prescribed in the Contract.

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

§ 5.2.5 Notwithstanding the above, the Owner may demand arbitration, before a single arbitrator appointed by the American Arbitration Association under the Expedited Procedure of the Construction Industry Arbitration Rules within five days of the demand, for the purpose of seeking a declaratory judgment regarding the propriety of the Owner’s prospective termination of the contractor. The hearing shall occur within seven days of the appointment of the arbitrator, and the award shall be made within two days of the close of the hearing and shall be final and binding.

ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS

§ 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 6.1.1 The Agreement is this executed AIA Document A104™–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor.

§ 6.1.2 The Specifications:

(Either list the Specifications here or refer to an exhibit attached to this Agreement.)

Section Title Date Pages

§ 6.1.3 The Drawings:

(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Number Title Date

§ 6.1.4 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are enumerated in this Article 6.

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

.1 Other documents, if any, listed below:

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

ARTICLE 7 GENERAL PROVISIONS

§ 7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

§ 7.1.1 In case of conflict in the Contract Documents, notify Architect and obtain written instructions before proceeding.

§ 7.1.2 The Contractor shall provide all items shown or described in the Documents and perform all operations required, and shall furnish all labor, materials, equipment, services, required for their completion, including incidental items and services not specifically shown or described but necessary for proper completion of the work shown.

§ 7.1.3 Wherever in the Contract Documents an article, item of work, device, or piece of equipment is referred to in the singular number, such reference shall include as many such items or operations as are indicated on the Drawings or required to complete the installation.

§ 7.1.4 Specification and Drawing notes may include incomplete sentences where words such as "shall", "shall be", "the Contractor shall", and similar phrases shall be supplied by inference.

§ 7.1.5 The terms "approved", "or approved" and "as approved" mean approved by the Architect, and by any governing codes and officials, and by any quality standards specified as applicable to the work in question.

§ 7.1.6 The term "As directed" means as directed by the Architect.

§ 7.1.7 The term "provide" means to furnish and install.

§ 7.1.8 The terms "as required" and/or “as necessary” means as required by applicable codes or standards, and/or as may be required for proper completion of the work.

§ 7.1.9 Divisions and Sections included are listed in the "Table of Contents", together with the number of pages in each Section. The Contractor shall check his copies of the Specifications with the "Table of Contents" to ensure that they are complete.

§ 7.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor.

§ 7.3 The Work The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

§ 7.4 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

§ 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service § 7.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.

§ 7.5.2 The Contractor, Subcontractors, Sub-subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to the protocols established pursuant to Sections 7.6 and 7.7, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:32:20 ET on 11/26/2018 under Order No.4792719358 which expires on 11/26/2019, and is not for resale.

if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants.

§ 7.6 Digital Data Use and Transmission The parties shall agree the transmission and use of Instruments of Service or any other information or documentation in digital form.