PROJECT MANUAL FOR

Mont Harmon Middle School Gymnasium Slab & Floor Replacement

60 West 400 North Price, Utah 84501

Carbon School District 251 West 400 North Price, Utah 84501

Bid Set

Mont Harmon Middle School Gymnasium Slab & Floor Replacement Carbon School District Price, Utah Price, Utah

00 0103 - Project Directory - 1

SECTION 00 0103

PROJECT DIRECTORY

OWNER

Name: Carbon County School District Attention: Jared Hansen Address: 251 West 400 North, Price, Utah 84501 Phone: (435) 637-1732

ARCHITECT

Name: Naylor Wentworth Lund Architects Attention: Philip D. Wentworth, AIA Attention: Erin Youngberg, AIA Attention: Diego Garrido Address: 723 West Pacific Ave., Suite 101, Salt Lake City, Utah 84104 Phone: (801) 355-5959

CIVIL & STRUCTURAL ENGINEER

Name: Jones & DeMille Engineering Attention: Wyatt Hansen Address: 1675 South Highway 10, Price, Utah 84501 Phone: (435) 637-8266

This page intentionally left blank

00 0104 - Notice to Contractors - 1

SECTION 00 0104

NOTICE TO CONTRACTORS

1.01 SALES TAX

A. Beginning January 1, 1996, the State of Utah provided an exemption from sales tax for construction materials purchased for public education. The exemption applies to all construction materials purchased by or on behalf of institutions of the public education system, provided the construction materials are clearly identified and installed or converted to real property which is owned by the public education institution.

B. It is the intent of the Owner to take advantage of the tax exemption on all construction material used in the Mont Harmon Middle School Gymnasium Slab & Floor Replacement. The Owner can take advantage of this exemption by structuring its agreements with its Contractors and suppliers so that title to construction material passes from the supplier to the Owner or the Contractor (on behalf of the Owner) upon delivery to the construction site after this date.

1.02 COMPLIANCE WITH LABOR LAWS

A. All Contractors shall comply with all applicable Laws and Regulations relating to labor on Public Works in the State of Utah, including U.S. Code Title 8 USC Sec.1324a. Utah Code Title 34 Chapter 30 and Title 13 Chapter 47.

B. Specific References

1. The following references are included herein so that the Contractor shall be aware of specific requirements of these sections. Other Law sections are not shown herein, but this in no way relieves the Contractor of His obligation to comply with all Federal, State, and Local Labor Laws.

a. U.S. Code Title 8 USC Sec. 1324a Unlawful Employment (1)(A) It is unlawful for a person or other entity - to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien. (2) Continuing Employment - It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1) to continue to employ the alien n the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment. (4) Use of Labor Through Contract - For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect ot performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).

b. Ut Code 34-30-1. Citizens to be given preference - In employing workmen in the construction of public works by the state or any county or municipality, or by persons contracting with the state or any county or municipality, preferences shall be given citizens of the United States, or those having declared their intention of becoming citizens. In each contract for the construction of public works a provision shall be inserted to the effect that, if the provisions of this section are not complied with, the contract shall be void.

00 0104 - Notice to Contractors - 2

c. Ut Code 34-30-8. Forty-hour Work Week - Overtime at one and one-half regular rate. Forty hours shall constitute a working week on all works and undertakings carried on by the state, county, or municipal governments, or by any officer of the state or of any county or municipal government. Any persons, corporation, firm, contractor, agent, manager, or foreman, who shall require or contract with any person to work upon such works or undertakings longer than 40 hours in one week shall pay such employees at a rate not less than one and one-half times the regular rate at which he is employed. (Piece work rates have to be greater than or equal to minimum wage and one and one-half times minimum wage for hours worked over 40; minimum wage laws still apply.)

d. Ut Code 34-30-9. Violation of Chapter - Failure to keep or produce records - Misdemeanor. Any officer, agent or representative of the state, or of any political subdivision, district, or municipality of it who shall violate, or omit to comply with any of the provisions of this chapter, and any contractor or subcontractor, or agent or representative thereof, doing such public work, who shall neglect to keep, or cause to be kept, an accurate record of the names, occupation and actual wages paid to each laborer, workman and mechanic employed by him, in connection with this public work or who shall refuse to allow access to same at any reasonable hour to any person authorized ot inspect same under this chapter shall be guilty of a misdemeanor.

e. Ut Code 13-47-201. Verification required for new hires. (1) A private employer who employs 15 or more employees as of July 1, 2010, may not hire a new employee on or after July 1, 2010, unless the private employer: (a) is registered with the status verification system to verify the federal legal working status of any new employee;

and (b) uses the status verification system to verify the federal legal working status of the new employee in accordance with the requirements of the status verification system. (2) This section does not apply to a private employer of a foreign national if the foreign national holds a visa issued in response to a petition by the private employer that is classified as H-2A or H-2B.

1.03 EMPLOYEE DRUG TESTING

A. Effective July 1, 2010, a state public procurement unit may not enter into a state construction contract unless the contractor has and will maintain a drug and alcohol testing policy during the period of the state construction contract that applies to the covered individuals hired by the contractor. Refer to Utah Code - Title 63G, Chapter 6, Section 604: (63G-6-604: Drug and alcohol testing required for state construction contracts). Therefore, the successful Contractor and all subcontractors working on the Mont Harmon Middle School Gymnasium Slab & Floor Replacement must show that they have a mandatory drug and alcohol testing policy for their company.

1.04 SUBSTANTIAL COMPLETION TIME

A. It is agreed by the parties to the contract that if the contractor shall fail to complete his work on or before the date set for substantial completion, or extension thereof granted by the owner, damage will be sustained by the owner and that it is, and will be, impracticable and extremely difficult to fix the actual damage with the owner will sustain in the event of and by reason of such delays. It is, therefore, agreed that the contractor will pay the owner liquidated damages in the sum of $1,000.00 per calendar day, for each day the contractor shall be in default. The contractor agrees that any sums which may be due the owner as liquidated damages, may be deducted from any monies due, or to become due, the contractor under the contract or may be collected from the contractor's surety.

1. Date of substantial completion: August 1, 2026.

00 0104 - Notice to Contractors - 3

1.05 MANUFACTURERS AND PRODUCTS

A. This specification was prepared under the direction of the Owner with regard to adhering to their established standards. Although the items are the Owner's preferred choice, suppliers may bid other manufacturers as proposed substitutions for the Owner's review. The use of brand names in this specification manual is not intended to limit bidding competition, but to establish a level of quality, performance and characteristics desired.

B. Deadline for Proposed Substitution Requests will be 72 hours prior to Bid Date. Refer to Section 01 6000 - Product Requirements.

C. Note that substitutions for specified/approved products/manufacturers will not be reviewed if submitted as a part of submittal process.

D. Manufacturer's other than Basis of Design Manufacturers shall provide products or systems that meet or exceed Basis of Design products or systems. No change order shall be issued solely based on bid product or system not meeting Basis of Design and being rejected through submittal process.

END OF NOTICE TO CONTRACTORS

00 0110 - Table of Contents - 1

SECTION 00 0110

TABLE OF CONTENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0100 - Title Page 00 0103 - Project Directory 00 0104 - Notice to Contractors 00 0110 - Index/Table of Contents 00 1105 - AIA A701 Instructions to Bidders 00 1110 - Supplementary Instructions to Bidders 00 1113 - Advertisement for Bids 00 4000 - AIA A101 Standard Agreement Between Owner and Contractor 00 4005 - AIA A101 Exhibit A Insurance and Bonds 00 4100 - Bid Form 00 4325 - Substitution Request Form 00 4500 - AIA A305 Contractor's Qualification Statement 00 4550 - AIA A310 Bid Bond 00 4600 - AIA A312 Performance and Payment Bonds 00 4700 - AIA G705 List of Subcontractors 00 7200 - AIA A201 General Conditions 00 7300 - Supplementary General Conditions 00 7350 - Notice to Proceed 00 9500 - TC-721G Tax Exemption Certificate

DIVISION 01 -- GENERAL REQUIREMENTS

01 1000 - Summary 01 2000 - Price and Payment Procedures 01 2020 - AIA G702 Application and for Payment 01 2030 - AIA G703 Continuation Sheet 01 3000 - Administrative Requirements 01 3216 - Construction Progress Schedule 01 3300.01 - NWL Copyright Release Form 01 4000 - Quality Requirements 01 5000 - Temporary Facilities and Controls 01 5100 - Temporary Utilities 01 6000 - Product Requirements 01 7000 - Execution and Closeout Requirements 01 7010 - AIA G704 Certificate of Substantial Completion 01 7020 - AIA G706 Contractor's Affidavit of Payment of Debts and Claims 01 7030 - AIA G706A Contactor's Affidavit for Release of Liens 01 7040 - AIA G707 Consent of Surety to Final Payment 01 7419 - Construction Waste Management and Disposal 01 7800 - Closeout Submittals 01 7801 - Form of Guarantee/Warranty 01 7900 - Demonstration and Training

00 0110 - Table of Contents - 2

DIVISION 02 -- EXISTING CONDITIONS

02 4100 - Demolition

DIVISION 03 -- CONCRETE

03 1000 - Concrete Forming and Accessories 03 2000 - Reinforcing 03 3000 - Cast-in-Place Concrete

DIVISION 04 -- MASONRY

04 0100 - Repair and Maintenance of Masonry

DIVISION 05 -- METALS

05 1200 - Structural Steel Framing

DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

07 1900 - Water Repellents 07 2119 - Foamed-In-Place Insulation 07 9200 - Joint Sealants

DIVISION 08 -- OPENINGS

08 3323 - Overhead Coiling Doors

DIVISION 09 -- FINISHES

09 0561 - Common Work Results for Flooring Preparation 09 6400 - Wood Flooring 09 9113 - Exterior Painting 09 9123 - Interior Painting

DIVISION 11 -- EQUIPMENT

11 6623 - Gymnasium Equipment

Carbon School District, Public Corporation 251 West 400 North Price, Utah 84501

(435) 637-1732

Naylor Wentworth Lund Architects, Professional Corporation 723 Pacific Avenue, Suite 101 Salt Lake City, Utah 84104

(801) 355-5959

Mont Harmon Middle School Gymnasium Slab & Floor Replacement

00 1110 - Supplementary Instructions To Bidders - 1

SECTION 00 1110

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

THE PROVISIONS CONTAINED HEREIN SHALL DELETE, MODIFY AND SUPPLEMENT THE

PROVISIONS CONTAINED IN THE INSTRUCTIONS TO BIDDERS, AIA DOCUMENT A701, 2018

EDITION. WHERE A PORTION OF THE INSTRUCTIONS TO BIDDERS IS MODIFIED OR DELETED

BY THESE SUPPLEMENTARY INSTRUCTIONS, THE REMAINING UNALTERED PORTIONS OF THE

INSTRUCTIONS TO BIDDERS SHALL REMAIN IN AS IS.

ARTICLE 2 BIDDER'S REPRESENTATIONS

2.1 Bidder's Representations

Add New Subparagraph 2.1.5 as follows:

2.1.5 This bid has been arrived at independently, without consultation, communication or agreement as to any matter relating to this bid with any other bidder or with any competitor.

ARTICLE 3 BIDDING DOCUMENTS

3.2 Interpretation or Correction of Bidding Documents

Add New Sentence to Subparagraph 3.2.2 as follows:

3.2.2 After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the Work to be done.

3.2.4 Should discrepancies or conflicts appear in the drawings or specifications which are not cleared up by the addenda, it will be assumed that the Contractor or Subcontractor has bid the project using the most expensive method shown on the drawings and as well as the most expensive material in the specifications.

3.2.5 It shall be the responsibility of each bidder to ascertain that he is in possession of a complete set of Contract Documents by comparing page numbers against indexes. Each bidder is responsible to review all Construction Documents such as drawings, specifications, addenda, etc.

3.3 Substitutions

Add New Subparagraph 3.3.2.1 as follows:

3.3.2.1 Unless listed in the Project Manual as an accepted substitution in specific section, amount for substitution whether addition or deduction from Base Bid amount shall be shown on the Bid Form where indicated.

1) Requests for Substitutons during the bidding period: Refer to Section 01 6000

Product Requirements

3.4 Addenda

Modify Subparagraph 3.4.1 as follows:

3.4.1 Addenda will be mailed, delivered, faxed, or emailed to all those who have paid a deposit for a complete set of bidding documents and to all listed plan rooms.

Omit Subparagraph 3.4.3 in its entirety.

ARTICLE 4 BIDDING PROCEDURES

4.1 Preparation of Bids

Modify Subparagraph 4.1.1 as follows:

00 1110 - Supplementary Instructions To Bidders - 2

4.1.1 Bids shall be submitted on forms identical to the forms included with the bidding documents. Only one copy of the bid is to be submitted.

Add New Subparagraph 4.1.8 as follows:

4.1.8 Beginning January 1, 1996, the State of Utah provided an exemption from sales tax for construction materials purchased for public education. The exemption applies to all construction materials purchased by or on behalf of institutions of the public education system, provided the construction materials are clearly identified and installed or converted to real property which is owned by the public education institution. It is the intent of the Carbon School District to take advantage of the tax exemption on all construction material used in the Project. The School District can take advantage of this exemption by structuring its agreements with its Contractor and Suppliers so that title to construction material passes from the supplier to the School District or the Contractor (on behalf of the School District) upon delivery to the construction site after January 1, 1996.

4.2 Bid Security

Add New Subparagraph 4.2.4 as follows:

4.2.4 Each bid shall be accompanied by a Certified or Cashier's Check or Bid Bond (AIA Document A310) for five percent (5%) of the amount of the bid, made payable to the order of Board of Education, Carbon School District, 251 West 400 North, Price, UT 84501. The check or bond shall be in the form shown in the specifications and to be given as a guarantee that the bidder will enter into the contract if awarded to him and will be declared forfeited if the successful bidder refuses to enter into said contract after being requested to do so by the said board within a period of sixty (60) days.

4.3 Submission of Bids

Add new Subparagraph 4.3.5 as follows:

4.3.5 All applicable laws, ordinances, and the rules and regulations of all Authorities Having Jurisdiction over construction of the Project shall apply to the Contract throughout.

4.4 Modification or Withdrawal of Bid

Modify Subparagraph 4.4.1 as follows:

4.4.1 No bidder may withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder.

ARTICLE 5 CONSIDERATION OF BIDS

5.2 Rejection of Bids

Add new Subparagraph 5.2.2 as follows:

5.2.2 The General Contractor may make such investigations as deemed necessary to determine the ability of the bidder to perform the Work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder, fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the agreement and to complete the Work contemplated therein.

5.3 Acceptance of Bids (Award)

Substitute the words "minor defects" for the word "irregularities" in Subparagraph 5.3.1.

Modify Subparagraph 5.3.2 as follows:

00 1110 - Supplementary Instructions To Bidders - 3

5.3.2 The owner shall have the right to accept alternates in the sequence listed and to determine the low bidder on the basis of the sum of the base bid and the alternates accepted.

ARTICLE 7 PERFORMANCE AND PAYMENT BOND

7.1 Bond Requirements

Modify Subparagraph 7.1.1 as follows:

7.1.1 Prior to execution of the Contract, the bidder shall furnish bonds covering the faithful performance of the Contract and the payments of all obligations arising there under in such form and amount as the Owner may prescribe.

7.2 Time of Delivery and Form of Bonds

Modify Subparagraph 7.2.1 as follows:

7.2.1 The party to whom the Contract is awarded will be required to execute the agreement within ten (10) calendar days from the date when Notice of Award is delivered to the bidder. The Notice of Award shall be accompanied by the necessary agreement and bond forms.

ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

Modify existing Paragraph as follows:

Contractors shall be aware that the agreement for the work shall be written as a change order to the General Contractor's contract and they will be bound to their requirements for schedule, payments, etc.

END OF SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

00 1113 - Advertisement for Bids - 1

SECTION 00 1113

ADVERTISEMENT FOR BIDS

1.01 BID PROPOSALS

A. Bids will be received until 2 p.m. on Thursday, February 12, 2026. The Bids will be opened at 2 p.m. at the offices of the School District.

1.02 OWNER

A. Name: Carbon School District.

B. Address: 251 West 400 North, Price, UT 84501.

1.03 PROJECT

A. Name: Mont Harmon Middle School Gymnasium Slab & Floor Replacement.

B. Address: 60 West 400 North, Price, UT 84501.

C. Project Description:

1. Refer to Section 01 1000 for Summary of Work.

1.04 ARCHITECT

A. Naylor Wentworth Lund Architects.

B. 723 West Pacific Ave #101, Salt Lake City, Utah 84104.

1.05 BID FORM

A. To receive consideration, Bids shall conform to the following instructions:

1. Bids shall conform to all requirements of AIA Document A701 - Instructions of Bidders and

Section 00 2114 - Supplementary Instructions to Bidders.

2. Bids shall be made upon the forms provided by the Architect (Section 00 4100 - Bid Form and 00 4700 List of Subcontractors). All items shall be properly filled in. Numbers shall be in writing and in figures. The signature of all persons signing shall be in ink. The completed form shall be without interlineations, alterations, or erasures. In case of discrepancy, written amount shall govern.

3. Bids shall be enclosed in a sealed opaque envelope that bears the title of the work and the name of the bidder. Bids shall be delivered on or before the day and hour at the place set for opening of bids. Only one copy of the bid shall be submitted.

4. Each bid shall be accompanied by a Certified or Cashier's Check or Bid Bond (AIA Document A310) for 5 percent of the amount of the bid, made payable to the order of the Board of Education, Carbon School District, Price, Utah. Bids shall be sealed and filed with the clerk of said board.

5. The above-mentioned check or bond shall be in the form shown in the specifications and to be given as a guarantee that the bidder will enter into the contract if awarded to him and will be declared forfeited if the successful bidder refuses to enter into said contract after being requested to do so by the said board within a period of sixty (60) days.

1.06 PERFORMANCE AND PAYMENT BONDS

A. The successful bidder shall be required to furnish the Owner with the following:

1. AIA Documents A312 - Performance Bond and Payment Bond, each to the amount of 100 percent of the contract amount.

00 1113 - Advertisement for Bids - 2

1.07 CONTRACTOR'S LIABILITY INSURANCE

A. Refer to Section 00 7300 - Supplementary General Conditions.

B. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These certificates and the insurance policies required by this paragraph shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days after written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief.

C. The Insurance Policy shall hold harmless the Owner and the Architect.

1.08 PRE-BID WALK THROUGH

A. The Owner will conduct a pre-bid walk through tour to review existing conditions and accept questions for bidding purposes. The school address is 60 West 400 North, Price, UT 84501.

1. Date of walk through: TBD.

1.09 COMPLETION TIME

A. It is agreed by the parties to the contract that if the Contractor shall fail to complete his work on or before the date set for substantial completion, or extension thereof granted by the Owner, damage will be sustained by the Owner and that it is, and will be, impracticable and extremely difficult to fix the actual damage with the Owner will sustain in the event of and by reason of such delays. It is, therefore, agreed that the Contractor will pay the Owner liquidated damages in the sum of $1,000.00 per calendar day, for each day the Contractor shall be in default. The Contractor agrees that any sums which; may be due the Owner as liquidated damages, may be deducted from any monies due, or to become due, the Contractor under the contract or may be collected from the Contractor's Surety.

1.10 DRAWINGS AND SPECIFICATIONS

A. Can be obtained from Utah.Bonfirehub.com as directed by Owner.

END OF ADVERTISEMENT FOR BIDS

lnit.

8 AJA Document A 1 Of" - 2007

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

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)

Carbon School District, Public Corporation 251 West 400 North Price, Utah 84501

(435) 637-1732 the Contractor:

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

(Name, location and detailed description)

Mont Harmon Middle School Gymnasium Slab & Floor Replacement 60 West 400 North Price, Utah 84501

The Architect:

(Name, legal status, address and other information)

Naylor Wentworth Lund Architects, Professional Corporation 723 Pacific Avenue, Suite 101 Salt Lake City, Utah 84104 Telephone Number: (801) 355-5959

The Owner and Contractor agree as follows.

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. A vertical line in the left margin or this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201 ™-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

AIA Document A101 ™ - 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized

1 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 document was produced by AIA software at 10:41 :04 on 05/16/2014 under Order No.8519150016_ 1 which expires on 12118/2014, and is not for resale.

User Notes: (1836205425)

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

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

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.

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

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

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

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows:

(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of cerlain portions of the Work.)

AIA Document A101 ™ - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA"' Document, or any portion of ii, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:41:04 on 05/16/2014 under Order No.8519150016_1 which expires on 12118/2014, and is not for resale.

Portion of Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents.

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

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 The Contract 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.)

§ 4.3 Unit prices, if any:

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

Item Units and Limitations Price Per Unit ($0.00)

§ 4.4 Allowances included in the Contract Sum, if any:

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

Item Price

ARTICLE 5 PAYMENTS

§ 5.1 PROGRESS PAYMENTS

§ 5.1.1 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.

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

§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day ofa month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment.

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

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, un less objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.

AIA Document A101 '" - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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 document was produced by AIA software at 10:41 :04 on 05/16/2014 under Order No.8519150016_ 1 which expires on 12/18/2014, and is not for resale.

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

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

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).

Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM_2007, General Conditions of the Contract for Construction;

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

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

.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201- 2007.

§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and {Section 9.8.5 of AJA Document A201- 2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.)

.2 Add, iffinal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201- 2007.

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

(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5. 1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 FINAL PAYMENT

§ 5.2.1 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 12.2.2 of AIA Document A201- 2007, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect 's final Certificate for Payment, or as follows: •

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 INITIAL DECISION MAKER

The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201- 2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.

AIA Document A101 ™ - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American lnstilule of Architects. All r ights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or d istribution 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 document was produced by AIA software at 10:41:04 on 05/16/2014 under Order No.8519150016_1 which expires

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 BINDING DISPUTE RESOLUTION

For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows:

{Check the appropriate box. ff the Owner and Contractor do not select a method of binding dispute resolt11io11 below, or do not subsequent�y agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)

Arbitration pursuant to Section 15.4 of AIA Document A201-2007

Litigation in a court of competent jurisdiction

Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, 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.)

§ 8.3 The Owner's representative:

(Name, address and other il!formation)

Jared Hansen 251 West 400 North Price, Utah 84501

(435) 637-1732

§ 8.4 The Contractor's representative:

(Name, address and other i,iformation)

AIA Document A101 TM - 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American

Institute of Architects. All rights reserved. WARNING: This AIA<t Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA

Document, or any portion of II, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under tho law. This document was produced by AIA software at 10:41 :04 on 05/16/2014 under Order No.8519150016_ 1 which expires lnlt.

§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party.

§ 8.6 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

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

§ 9.1.1 The Agreement is this executed AIA Document AI0l- 2007, Standard Form of Agreement Between Owner and Contractor.

§ 9.1.2 TI1e General Conditions are AIA Document A201- 2007, General Conditions of the Contract for Construction.

§ 9.1.3 The Supplementary and other Conditions of the Contract:

Document Title Date Pages

§ 9.1.4 The Specifications:

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

Section Title Date Pages

§ 9.1.5 The Drawings:

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

Number Title Date

§ 9.1.6 The Addenda, if any:

Number Date Pages

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

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

.1 AJA Document E20!H'-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following:

.2 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AJA Document A201- 2007 provides that bidding requirements such as advertisement or invitation to bid, AIA Document A101 ™ - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All r ights reserved. WARNING: This AIA9 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA9 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 document was produced by AIA software at 10:41:04 on 05/16/2014 under Order No.8519150016_ 1 which expires

Instructions lo Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

ARTICLE 10 INSURANCE AND BONDS

The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AlA Document A201-2007.

(State bonding requirements, 1f any, and limits of liability for insurance required in Article I 1 of AIA Document A201-2007.)

Type of insurance or bond Limit of liability or bond amount ($0.00)

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

CONTRACTOR (Signature) OWNER (Signature)

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

AIA Document A101 "' -2007, Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 7 reproduction or distribution of this AIA"' Document, or any portion of It, may result In severe civll and criminal penalties, and wlll be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 10:41 :04 on 05/16/2014 under Order No.8519150016_ 1 which expires

Document A101™ – 2017 Exhibit A

Init.

AIA Document A101™ – 2017 Exhibit A. Copyright © 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This document is intended to be used in conjunction with AIA Document A201™–2017, General Conditions of the Contract for Construction. Article 11 of A201™–2017 contains additional insurance provisions.

Insurance and Bonds

This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the ________ day of ________ in the year ________ (In words, indicate day, month and year.)

for the following PROJECT:

(Name and location or address) Mont Harmon Middle School Gymnasium Slab & Floor Replacement 60 West 400 North Price, Utah 84501

THE OWNER:

(Name, legal status and address) Carbon School District, Public Corporation 251 West 400 North Price, Utah 84501

THE CONTRACTOR:

(Name, legal status and address)

TABLE OF ARTICLES

A.1 GENERAL

A.2 OWNER’S INSURANCE

A.3 CONTRACTOR’S INSURANCE AND BONDS

A.4 SPECIAL TERMS AND CONDITIONS

ARTICLE A.1 GENERAL

The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction.

ARTICLE A.2 OWNER’S INSURANCE

§ A.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements.

§ A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance.

§ A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk “all-risks” completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s

AIA Document A101™ – 2017 Exhibit A. Copyright © 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees.

§ A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows:

(Indicate below the cause of loss and any applicable sub-limit.)

Cause of Loss Sub-Limit

§ A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows:

(Indicate below type of coverage and any applicable sub-limit for specific required coverages.)

Coverage Sub-Limit

§ A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions.

§ A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions.

§ A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing.

§ A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, “all-risks” property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties.

§ A.2.4 Optional Extended Property Insurance.

The Owner shall purchase and maintain the insurance selected and described below.

(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.)

AIA Document A101™ – 2017 Exhibit A. Copyright © 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.