PROJECT MANUAL FOR

Bingham High School and West Jordan High School, Shade Canopies Locations:

Bingham High School 2160 South Jordan Parkway South Jordan, Utah 84095

West Jordan High School 8136 South 2700 West

West Jordan, Utah 84088

7387 South Campus View Drive West Jordan, Utah 84084

Bid Document Set March 27, 2026

Bingham High School and West Jordan High School, Jordan School District Shade Canopies West Jordan, Utah South Jordan and West Jordan, Utah

00 0103 - Project Directory - 1

SECTION 00 0103

PROJECT DIRECTORY

OWNER

Name: Jordan School District Attention: Ian Roberts Address: 7905 South Redwood Road, West Jordan, Utah 84088 Phone: (801) 567-8701

ARCHITECT

Name: Naylor Wentworth Lund Architects Attention: Philip D. Wentworth, AIA Attention: Andrei Sharyshev Address: 723 West Pacific Ave #101, Salt Lake City, Utah 84104 Phone: (801) 355-5959

STRUCTURAL ENGINEER

Name: Reaveley Engineers Attention: Justin Nadauld S.E.

Address: 250 E 200 S #1000, Salt Lake City, UT 84111 Phone: (801) 486-3883

END OF SECTION 00 0103

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South Jordan and West Jordan, Utah

00 0110 - Table of Contents - 1

SECTION 00 0110

TABLE OF CONTENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0101 - Title Page

00 0103 - Project Directory

00 0110 - Table of Contents

00 1113 - Advertisement for Bids

00 1115 - Advertisement for Prequalification of Bidders

00 2113 - AIA A701 Instructions to Bidders

00 2213 - Supplementary Instructions to Bidders

00 4000 - AIA A101 Standard Form of Agreement Between Owner and Contractor

00 4005 - A101 Exhibit A Insurance and Bonds

00 4100 - Bid Forms

00 4550 - AIA A310 Bid Bond

00 4600 - AIA A312 Payment and Performance Bond

00 5500 - Notice to Proceed

00 6536 - Warranty Form

00 7200 - AIA A201-2017 General Conditions

00 7300 - Supplementary Conditions

00 9500 - TC-721G Tax Exempt Form

DIVISION 01 -- GENERAL REQUIREMENTS

01 1100 - Summary of Work

01 2000 - Price and Payment Procedures

01 2020 - AIA G702 Application for Payment

01 2030 - AIA G703 Continuation Sheet

01 2100 - Allowances

01 2200 - Unit Prices

01 2300 - Alternates

01 3000 - Administrative Requirements

01 3216 - Construction Progress Schedule

01 4300 - Quality Assurance

01 5000 - Temporary Facilities and Controls

01 5713 - Temporary Erosion and Sediment Control

01 6000 - Product Requirements

00 6536 - Warranty Form

01 7010 - AIA G704 Certificate of Substantial Completion

01 7020 - AIA G706 Affidavit of Payment

01 7030 - AIA G706A Affidavit of Release of Liens

01 7040 - AIA G707 Consent of Surety to Final Payment

01 7700 - Closeout Procedures

01 7413 - Progress Cleaning

01 7700 - Closeout Procedures

01 7800 - Closeout Submittals

01 7900 - Demonstration and Training

South Jordan and West Jordan, Utah

00 0110 - Table of Contents - 2

DIVISION 02 -- EXISTING CONDITIONS

02 4100 - Demolition

DIVISION 03 -- CONCRETE

03 1000 - Concrete Forming and Accessories

03 1516 - Concrete Construction Joints

03 2000 - Concrete Reinforcing

03 3000 - Cast-in-Place Concrete

DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

07 9200 - Joint Sealants

DIVISION 11 -- EQUIPMENT

11 6800 - Play Field Equipment and Structures

DIVISION 31 -- EARTHWORK

31 2200 - Grading

31 2323 - Fill

DIVISION 32 -- EXTERIOR IMPROVEMENTS

32 1123 - Aggregate Base Courses

32 1816.13 - Playground Protective Surfacing

South Jordan and West Jordan, Utah

00 1113 - Advertisement for Bids - 1

SECTION 00 1113

ADVERTISEMENT FOR BIDS

1.01 BID PROPOSALS

A. Bids will be received as listed on Owner's bid platform website.

1.02 OWNER

A. Name: Jordan School District B. Address: 7905 South Redwood Road, West Jordan, Utah 84088

1.03 PROJECT

A. Name: Bingham High School and West Jordan High School, Shade Canopies B. Addresses:

Bingham High School: 2160 South Jordan Pkwy, South Jordan, UT 84095.

West Jordan High School: 8136 South 2700 West, West Jordan, UT 84088.

C. Project Description:

1. Refer to Section 01 1100 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. Bids will be submitted through Owner's bid platform website.

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.

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.

1. Refer to Owner's bid platform website for date of walk through.

South Jordan and West Jordan, Utah

00 1113 - Advertisement for Bids - 2

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 $1000 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. Refer to Owner's bid platform website for date of Substantial Completion.

1.10 DRAWINGS AND SPECIFICATIONS

A. Can be obtained from the Owner's bid platform website.

END OF ADVERTISEMENT FOR BIDS

South Jordan and West Jordan, Utah

00 1115 - Advertisement for Prequalification of Bidders - 1

SECTION 00 1115

ADVERTISEMENT FOR PREQUALIFICATION OF BIDDERS

PART 1 GENERAL

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 Bingham High School and West Jordan High School, Shade Canopies. 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.

South Jordan and West Jordan, Utah

00 1115 - Advertisement for Prequalification of Bidders - 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 Bingham High School and West Jordan High School, Shade Canopies 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 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. Refer to Bid Form for the date of substantial completion.

2. Refer to Bid Sync for the date of substantial completion.

South Jordan and West Jordan, Utah

00 1115 - Advertisement for Prequalification of Bidders - 3

3. Date of substantial completion: _______

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 ADVERTISEMENT FOR PREQUALIFICATION OF BIDDERS

South Jordan and West Jordan, Utah

00 2213 - Supplementary Instructions To Bidders - 1

SECTION 00 2213

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:

South Jordan and West Jordan, Utah

00 2213 - 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 Jordan 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, Jordan School District. 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:

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.

South Jordan and West Jordan, Utah

00 2213 - Supplementary Instructions To Bidders - 3

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

Document A101™ – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

Init.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. 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.

The parties should complete A101™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement.

AIA Document A201™–2017, 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.

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.

Init.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

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

EXHIBIT A 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 fully 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:

(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:

(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.

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

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

Not later than ( ) calendar days from the date of commencement of the Work.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

By the following date:

§ 3.3.2 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

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

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 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

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

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

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

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

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

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

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 of a month, the Owner shall make payment of the amount certified 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 of the amount certified 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 of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 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 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

.2 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; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the

Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and

.5 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

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

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.

§ 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 Article 12 of AIA Document A201–2017, 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:

§ 5.3 Interest 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.)

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

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

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

Arbitration pursuant to Section 15.4 of AIA Document A201–2017

Litigation in a court of competent jurisdiction

Other (Specify)

If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.

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 A201–2017.

§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows:

(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.)

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Owner’s representative:

(Name, address, email address, and other information)

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

§ 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™– 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below:

(If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)

§ 8.7 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 This Agreement is comprised of the following documents:

.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor

.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds

.3 AIA Document A201™–2017, General Conditions of the Contract for Construction

.4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:

(Insert the date of the E203-2013 incorporated into this Agreement.)

.5 Drawings

Number Title Date

.6 Specifications

Section Title Date Pages

.7 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 also enumerated in this Article 9.

.8 Other Exhibits:

(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

(Insert the date of the E204-2017 incorporated into this Agreement.)

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

The Sustainability Plan:

Title Date Pages

Supplementary and other Conditions of the Contract:

Document Title Date Pages

.9 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.)

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

OWNER (Signature) CONTRACTOR (Signature)

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

Document A101™ – 2017 Exhibit A Insurance and Bonds

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.

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)

THE OWNER:

(Name, legal status and address)

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.