STATE PROJECT NO: 2025-344 H (2-2)

PROJECT: AHCC C4/C5 SHOWER REPAIR

REBID

AIRWAY HEIGHTS CORRECTION CENTER

11919 W SPRAGUE AVENUE

AIRWAY HEIGHTS, WASHINGTON 99001

BID SET

AUGUST 10, 2026

CONTRACT ADMINISTERED THROUGH:

DEPARTMENT OF ENTERPRISE SERVICES

1500 JEFFERSON ST SE

OLYMPIA, WA 98501

122 2ND STREET/PO BOX 820

ASOTIN, WA 99402

AHCC C4/C5 Shower Repair - Rebid Airway Heights Corrections Center Department of Corrections PROJECT PAGE Project No. 2025-344 H (2-2) Rebid Set Page 1 of 1

August 10, 2026

Project Manual For

PROJECT NO. 2026-344 H (2-2)

AHCC C4/C5 Shower Repair - Rebid Washington State Department of Corrections Airway Heights Corrections Center 11919 Sprague Avenue Airway Heights, Washington 99001

Owner:

Washington State Department of Corrections 7345 Linderson Way SW Tumwater, Washington 98501

Sara Sokso Date DES Assistant Project Manager

Adin Easter, DOC AHCC, Facilities Manager Date

Jessica Whitenack, DOC/CPD Project Manager Date

10/6/26

10/6/26

10.6.2026

Airway Heights Correction Center PROJECT TEAM Project No. 2025-344 H (2-2) Rebid Set Page 1 of 1

August 10, 2026

PROJECT TEAM

STATE PROJECT NO & TITLE: 2025-344 H (2-2) AHCC C4/C5 Shower Repair - Rebid

OWNER: Sara Sokso, Assistant Project Manager Washington State Department of Enterprise Services

1500 Jefferson Street SE Olympia, Washington 98501

CLIENT AGENCY: Adin Easter, Facilities Manager

Airway Heights Correction Center 11919 Sprague Avenue Airway Heights, Washington 99001

CONTRACTING AGENCY: Jessica Whitenack, CPD Project Manager Washington State Department of Corrections

Capital Planning and Development 7345 Linderson Way SW | Mail Stop 41112 Tumwater, WA 98501-6504

360.819.6956 | jessica.whitenack@doc1.wa.gov

ARCHITECT: Robert Uhrich, RGU Architecture & Planning 122 2nd Street, PO Box 820 Asotin, WA 99402

509.758.9894 | ruhrich@rguarchitecture.net

MECHANCIAL ENGINEER: Aaron Donnelly, MSI Engineers 108 N. Washington, Suite 505 Spokane, WA 99201

509.624.1050 | aaron@msi-engineers.com

ELECTRICAL ENGINEER: Ben Jennings, MSI Engineers 108 N. Washington, Suite 505

Spokane, WA 99201

509.624.1050 | ben@msi-engineers.com mailto:jessica.whitenack@doc1.wa.gov mailto:ruhrich@rguarchitecture.net mailto:aaron@msi-engineers.com mailto:aaron@msi-engineers.com

Airway Heights Correction Center Project No. 2025-344 H (2-2) Rebid Set

TABLE OF CONTENTS & DRAWING INDEX

August 10, 2026 TABLE OF CONTENTS & DRAWINGS INDEX- 1

TABLE OF CONTENTS & DRAWING INDEX

DEPARTMENT OF CORRECTIONS

AIRWAY HEIGHTS CORRECTION CENTER

AHCC C4/C5 SHOWER REPAIR - REBID

BID SPECIFICATIONS

PROJECT NO. 2025-344 H (2-2)

August 10, 2026

PROJECT AUTHORIZATION

PROJECT TEAM

TABLE OF CONTENTS & INDEX OF DRAWINGS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

ADVERTISEMENT FOR BIDS (May 1, 2026) GENERAL CONDITIONS FOR WA STATE FACILITY CONSTRUCTION (July 1, 2026) INSTRUCTIONS TO BIDDERS (July 1, 2026)

REQUIRED BIDDING DOCUMENTS:

BID PROPOSAL FORM (May 1, 2026) WAGE THEFT PREVENTION FORM (May 1, 2026) SUBCONTRACTOR LIST FORM A – HVAC, PLUMBING, ELECTRICAL (May 1, 2026) SUBCONTRACTOR LIST FORM B – STRUCTRUAL STEEL & REBAR (May 1, 2026) RESPONSIBILITY CRITERIA WITH INCLUSION PLAN & APPRENTICESHIP (July 1, 2026)

FORM 1 – CONTRACTOR EXPERIENCE DETAIL

FORM 2 – RESUME OF KEY PERSONNEL

FORM 3 – PRIME CONTRCTOR DIVERSE BUSINESS INCLUDION PLAN

FORM 4 – APPRENTICESHIP UTILIZATION

FORM 5 – REFERENCE EVALUATION QUESTIONAIRE

FORM 6 – SUPPLEMENTAL RESPONSIBILITY CRITERIA SCORE SHEET

OTHER INFORMATION/DOCUMENTS:

PLAN CENTERS

CERTIFICATE OF INSURANCE

PREVAILING WAGE REQUIREMENTS

PREBID WALK THROUGH AGENDA TEMPLATE

HAZARDOUS MATERIAL INFORMATION

DIVISION 01 - GENERAL CONDITIONS

011100 SUMMARY

011101 SUMMARY OF HAZARDOUS MATERIALS WORK

012000 PRICE AND PAYMENT PROCEDURES

Project No. 2025-344 H (2-2) Rebid Set

TABLE OF CONTENTS & DRAWING INDEX

August 10, TABLE OF CONTENTS & DRAWINGS INDEX- 2

• INSTRUCTIONS FOR SUBMITTAL OF CONTRACTOR INVOICE FOR

PAYMENT

• INVOICE VOUCHER A-19 FORM

012050 CONTRACT MODIFICATION PROCEDURES

• CHANGE ORDER PROPOSAL (COP) FORM

• FIELD AUTHORIZATION (FA) FORM

• REQUEST FOR EQUITABLE ADJUSTMENT IN CONTRACT TIME

012300 ALTERNATES

012500 SUBSTITUTION PROCEDURES

• SUBSTITUTION REQUEST FORM

013000

013100

ADMINISTRATIVE REQUIREMENTS

• PRE-CONSTRUCTION CHECKLIST

• REQUEST FOR INFORMATION

• NOTICE OF NONCONFORMANCE

PROJECT MANAGEMENT AND COORDINATION

013101 REVIT AND AUTOCAD FILE RELEASE WAIVER

013115 COMMUNICATION

013119 PROJECT MEETINGS

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013216 CONSTRUCTION PROGRESS SCHEDULE

013233 PHOTOGRAPHIC AND VIDEO DOCUMENTATION

013300 SUBMITTAL PROCEDURES

013520 SAFETY PROCEDURES

013553 DOC PROJECT SECURITY PROCEDURES

PREA ACKNOWLEDGEMENT FORM

014000 QUALITY REQUIREMENTS

014100 REGULATORY REQUIREMENTS

014200 REFERENCES

014216 DEFINITIONS

015000 TEMPORARY FACILITIES AND CONTROLS

016000 PRODUCT REQUIREMENTS

017000 EXECUTION REQUIREMENTS

017310 CUTTING & PATCHING

017320 SELECTIVE DEMOLITION

017400 CLEANING

017419 CONSTRUCTION WASTE MANAGEMENT

017600 PROTECTING INSTALLED CONSTRUCTION

017800 CLOSEOUT SUBMITTALS AND PROCEDURES

• SUBSTANTIAL COMPLETION CHECKLIST

• CERTIFICATE OF SUBSTANTIAL COMPLETION

• FINAL ACCEPTANCE CHECKLIST

017823 OPERATION AND MAINTENANCE DATA

017836 WARRANTIES

Project No. 2025-344 H (2-2) Rebid Set

TABLE OF CONTENTS & DRAWING INDEX

August 10, 2026 TABLE OF CONTENTS & DRAWINGS INDEX- 3

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

DIVISION 02 – EXISTING CONDITIONS

NOT USED

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE

033543 POLISHED AND GROUND CONCRETE FINISHING

034500 PRECAST ARCHITECTURAL CONCRETE

DIVISION 04 – MASONRY

NOT USED

DIVISION 05 – METALS

053100 STEEL DECKING

055000 METAL FABRICATIONS

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

061000 ROUGH CARPENTRY

061600 SHEATHING

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

071113 BITUMINOUS DAMPPROOFING

072100 THERMAL INSULATION

072600 VAPOR RETARDERS

079200 JOINT SEALANTS

DIVISION 08 - OPENINGS

083113 ACCESS DOORS AND FRAMES

DIVISION 09 - FINISHES

092900 GYPSUM BOARD ASSEMBLIES

096513 RESILIENT BASE AND ACCESSORIES

099123 INTERIOR PAINITNG

DIVISION 10 THROUGH 21

NOT USED

AHCC C4/C5 Shower Repair – Rebid

Project No. 2025-344 H (2-2) Rebid Set

TABLE OF CONTENTS & DRAWING INDEX

August 10, 2026 TABLE OF CONTENTS & DRAWINGS INDEX- 4

DIVISION 22 – PLUMBING

220000 PLUMBING GENERAL PROVISIONS

220500 COMMON WORK RESULTS FOR PLUMBING

220523 GENERAL DUTY VALVES FOR PLUMBING PIPING

220529 HANGERS AND SUPPORTS FOR PLUMBING

220553 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

220700 PLUMBING INSULATION

221116 DOMESTIC WATER PIPING

221119 DOMESTIC WATER PIPING SPEC

221316 SANITARY WASTE AND VENT PIPING

221319 SANITARY WASTE AND VENT PIPING SPEC

224000 PLUMBING FIXTURES

DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING

233713 AIR OUTLETS, LOUVERS AND GRAVITY VENTILATION HOODS

DIVISION 31

312316 TRENCHING

313000 EARTHWORK

AHCC C4/C5 Shower Repair – Rebid

Project No. 2025-344 H (2-2) Rebid Set

TABLE OF CONTENTS & DRAWING INDEX

August 10, 2026 TABLE OF CONTENTS & DRAWINGS INDEX- 5

DRAWING INDEX

ARCHITECTURAL

A0.1 TITLE SHEET

A1.0 PROJECT MAP & INFORMATION

A1.1 DEMOLITION PLAN

A1.2 DEMOLITION PLAN - ALT #1

A2.0 FLOOR & REFLECTED CEILING PLAN

A2.1 FLOOR & REFLECTED CEILING PLAN - ALT #1

A3.0 SECTIONS & INTERIOR ELEVATIONS

A3.1 SECTIONS & INTERIOR ELEVATIONS - ALT #1

A5.0 DETAILS

MECHANICAL

M1.0 SITE PLAN

M1.1 SCHEDULES, LEGENDS, AND FLOOR PLANS

PLUMBING

P0.1 LEGENDS & ABBREVIATIONS

P0.2 PLUMBING SCHEDULES

P1.0 SITE PLAN

P1.1 FOUNDATION & LEVEL 1 - PLUMBING DEMO & NEW

ELECTRICAL

E0.1 LEGENDS & ABBREVIATIONS

E1.0 SITE PLAN

E1.1 LEVEL 1 - POWER & LIGHTING

E1.2 LEVEL 1 - POWER & LIGHTING

DIVISION 00

PROCUREMENT AND

CONTRACTING REQUIREMENTS

ADVERTISEMENT FOR BIDS

Sealed bids will be accepted for the following project:

PROJECT NO.: 2025-344 H (2-2)

TITLE: AHCC C4/C5 Shower Repair - Rebid

AGENCY: FPS for Department of Corrections

PROJECT MANAGER: Jessica Whitenack

ESTIMATED BID COST RANGE: $1,400,000.00 to $3,200,000.00

SUBMITTAL

TIME/DATE/LOCATION:

No later than 1:00 PM, Tuesday, December 1, 2026.

Submit Online at DES Public Procurement Portal:

https://deswa.bonfirehub.com.

(See additional information below)

Bids should be submitted no later than 1:00 PM for the Virtual Public Bid Opening on Microsoft Teams which will be held at approximately 1:30 PM on Tuesday, December 1, 2026

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 232 943 171 100 Passcode: WPJKXj

Download Teams | Join on the web Or call in (audio only) +1 564-999-2000,,994059963# United States, Olympia

(833) 322-1218,,994059963# United States (Toll-free)

Phone Conference ID: 994 059 963# Find a local number | Reset PIN (See additional information below) https://deswa.bonfirehub.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2JjZDU0NGUtZmM3NC00OTlhLWE2NWQtOTViYzNiMjg1OTk0%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%228276b297-0ea1-4aca-beed-94bf985ec531%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15649992000,,994059963#%20 tel:8333221218,,994059963#%20 https://dialin.teams.microsoft.com/811a9140-4f87-4b3b-b4e5-c0df12d33f3f?id=994059963 https://dialin.teams.microsoft.com/usp/pstnconferencing

ADVERTISEMENT Page 2 of 4 Effective May 1, 2026

SUBCONTRACTOR LISTINGS: Bidders must submit Subcontractor Listing Forms A and B for all bids, regardless of whether the listed categories of work are included in the project.

Form A (HVAC, Plumbing, Electrical):

Due with bid proposal AT TIME OF BID SUBMITTAL. Failure to submit Form A with the bid will render the bid non-responsive.

Form B (Structural Steel Install, Rebar Install):

Must be submitted no later than 48 hours after the bid submittal deadline via email to:

FPSsubcontractorlist@des.wa.gov. (Or may be submitted with the bid submittal through the Procurement Portal https://deswa.bonfirehub.com.

Failure to submit Form B will render the bid non-responsive.

ISSUED BY: Department of Enterprise Services

Facility Professional Services

MANDATORY PRE-BID WALK-

THROUGH:

9:00 A.M. on Thursday, October 29, 2026 at Airway Heights Correction Center, 11919 Sprague Avenue, Airway Heights, WA 99001.

Security clearance is required in order to attend the Pre-Bid Walk-Through. Please email full legal name, date of birth, and last four digits of SSN to dyoni.stadtmueller@doc1.wa.gov, or call Dyoni Stadtmueller 509-244-6773 with this information.

NO LATER THAN 3:00 PM, Monday, October 26, 2026

All Public Works Bid Openings will be conducted via live stream on Microsoft Teams. A link to the live stream for bid opening can be found above. We will strive to begin bid opening live streams within thirty minutes of the bid closing. If you have questions, please contact the Project Manager, Jessica Whitenack at jessica.whitenack@doc1.wa.gov or 360-819-6956.

This link provides support with the Euna Procurement Vendor processes and help:

https://customer.eunasolutions.com/public/s/. Visit site for help and details.

DES Public Procurement Portal is the official platform for accessing plans, specifications and detailed submissions for DES Public Works Projects. These documents can be obtained through the DES Public Procurement Portal https://deswa.bonfirehub.com. Contractors may also obtain plans and specifications from the Plan Centers listed below, or RGU Architecture & Planning, 122 2nd Street, Asotin, WA 99402, 509-758-9894, ruhrich@rguarchitecture.net upon deposit of $1,000.

Please make checks payable to RGU Architecture. Plans must be returned in good condition within seven (7) days following bid date to obtain a refund of deposit. After seven days no refunds will be made.

mailto:FPSsubcontractorlist@des.wa.gov https://deswa.bonfirehub.com/ mailto:dyoni.stadtmueller@doc1.wa.gov https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcustomer-success-links.totango.co%2Fss%2Fc%2Fu001.TEy9vfb3GYVWunjhizp7VGjZ-g44dT_GKOYTPTwI96tVKi_fnbX9vgesvWWVm1KX1eC8pK8dZheL2wi58_kW0w%2F4hh%2FyRW2YWBVR9KTRjjxMMvc8g%2Fh0%2Fh001.CDUxsV3RMP1QHveeJKaYopDffmCQca5yzaXFGPKUA-0&data=05%7C02%7Calissa.north%40des.wa.gov%7C28201d05d299489392ba08ddaf32780f%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638859353482580698%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=GkNL9yaDaYh%2Bbuu4E1HA4DCFuWYmuoWH3EF8NRslFPs%3D&reserved=0

ADVERTISEMENT Page 3 of 4 Effective May 1, 2026

List of plan centers: Abadan Reprographics & Imaging, Spokane, WA; ARC Document Solutions, Seattle, WA; ARC Document Solutions, Tacoma, WA; Associated Builders & Contractors, Spokane, WA; Associated General Contractors, Boise, ID; Builder’s Exchange of Washington, Everett, WA; Daily Journal of Commerce Plan Center, Portland, OR; Daily Journal of Commerce, Seattle, WA; Hermiston Plan Center, Hermiston, OR; Contractor Plan Center, Milwaukie, OR;

Ridgeline Graphics (Wenatchee Plan Center), Wenatchee, WA; Spokane Regional Plan Center, Spokane, WA; Tri-City Construction Council, Kennewick, WA; Walla Walla Valley Plan Center, Walla Walla, WA; Weekly Construction Reporter, Bellingham, WA; Yakima Plan Center, Yakima, WA.

Please direct questions regarding this project through the DES Public Procurement Portal https://deswa.bonfirehub.com. Or to the office of the Consultant, RGU Architecture & Planning, Attn: Robert Uhrich, 509-758-9894, ruhrich@rguarchitecture.net.

Bid Results will be available on the DES Public Procurement Portal: https://deswa.bonfirehub.com following the bid opening.

The State of Washington prevailing wage rates are applicable for this public works project located in Spokane County. Bidders are responsible to verify and use the most recent prevailing wage rates.

The “Effective Date” for this project is the bid submittal time and date above. The applicable prevailing wage rates may be found on the Department of Labor & Industries website located at https://secure.lni.wa.gov/wagelookup/.

Mandatory 15% apprentice labor hours of the total labor hours are a requirement of the construction contract. Voluntary workforce diversity goals for this apprentice participation are identified in the Instructions to Bidders and the General Conditions for Washington State Facility Construction.

Bidders may contact the Department of Labor & Industries, Apprenticeship Section, to obtain information on available apprenticeship programs.

In accordance with RCW 39.30.060, bidders must submit Subcontractor Listing Forms A and B for all bids, regardless of subcontracting for the listed work, and must provide the names of all subcontractors, if any, to be used for the work, and license numbers (Form A).

• Form A: (HVAC, Plumbing, and Electrical):

Must be submitted at TIME OF BID to the DES Public Procurement Portal https://deswa.bonfirehub.com with bid submission; late submission will render the bid non-responsive. Failure to submit Form A with the bid will render the bid non-responsive.

• Form B: (Structural Steel Installation and Rebar Installation):

Must be submitted no later than forty-eight (48) hours after bid deadline via email to FPSsubcontractorlist@des.wa.gov. (Or may be submitted with the bid submittal through the Procurement Portal https://deswa.bonfirehub.com.) Failure to submit Form B will render the bid non-responsive.

Supplemental Bidder Responsibility will be evaluated for this project. In determining Bidder responsibility, the Owner shall consider an overall accounting of the criteria set forth in “DIVISION 00 SUPPLEMENTAL RESPONSIBILITY CRITERIA”. Please direct questions regarding this subject to the office of the Consultant.

mailto:ruhrich@rguarchitecture.net https://deswa.bonfirehub.com/ https://secure.lni.wa.gov/wagelookup/ https://deswa.bonfirehub.com/ mailto:FPSsubcontractorlist@des.wa.gov

ADVERTISEMENT Page 4 of 4 Effective May 1, 2026

The successful Bidder is required to register and create an account in the DES Diversity Compliance program (B2Gnow) at https://des.diversitycompliance.com. Voluntary numerical Diverse Business goals of 10% MBE, 6% WBE, 5% SBE or PWSBE, and 5% Veterans have been established for this project. Achievement of the goals is encouraged.

Bidders may contact the Office of Minority and Women's Business Enterprise (OMWBE) at http://OMWBE.wa.gov/ to obtain information on certified firms. Bidders may also utilize Washington Small Businesses registered in B2Gnow at DES diversity compliance program B2Gnow and Veteran-owned Businesses at https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search.

The State reserves the right to accept or reject any or all bids and to waive informalities.

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

FACILITY PROFESSIONAL SERVICES

2025-344Hadvertisement - rebid https://des.diversitycompliance.com/ http://omwbe.wa.gov/ https://des.diversitycompliance.com/ https://des.diversitycompliance.com/ https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search

Post Office Box 41476 Olympia, Washington 98504-1476

(360) 902-7272

General Conditions Effective: July 1, 2026

For Washington State Facility Construction and Small Works

Kimberly Sockle, Assistant Director

Approved by: _____________________

Section 00 72 00 GENERAL CONDITIONS

FOR WASHINGTON STATE FACILITY CONSTRUCTION AND SMALL WORKS

TABLE OF CONTENTS

PART 1 - GENERAL PROVISIONS

1.01 DEFINITIONS

1.02 ORDER OF PRECEDENCE

1.03 EXECUTION AND INTENT

PART 2 – INSURANCE AND BONDS

2.01 CONTRACTOR’S LIABILITY INSURANCE

2.02 COVERAGE LIMITS

2.03 INSURANCE COVERAGE CERTIFICATES

2.04 PAYMENT AND PERFORMANCE BONDS

2.05 ALTERNATIVE SURETY

2.06 BUILDER’S RISK

PART 3 – TIME AND SCHEDULE

3.01 PROGRESS AND COMPLETION

3.02 CONSTRUCTION SCHEDULE

3.03 OWNER’S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE

3.04 OWNER’S RIGHT TO STOP THE WORK FOR CAUSE

3.05 DELAY

3.06 NOTICE TO OWNER OF LABOR DISPUTES

3.07 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION

PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

4.01 DISCREPANCIES AND CONTRACT DOCUMENT REVIEW

4.02 PROJECT RECORD

4.03 SHOP DRAWINGS

4.04 ORGANIZATION OF SPECIFICATIONS

4.05 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER

DOCUMENTS

PART 5 – PERFORMANCE

5.01 CONTRACTOR CONTROL AND SUPERVISION

5.02 PERMITS, FEES, AND NOTICES

5.03 PATENTS AND ROYALTIES

5.04 PREVAILING WAGES

5.05 HOURS OF LABOR

5.06 NONDISCRIMINATION

5.07 SAFETY PRECAUTIONS

5.08 OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS

5.09 PRIOR NOTICE OF EXCAVATION

5.10 UNFORESEEN PHYSICAL CONDITIONS

5.11 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION,

UTILITIES AND IMPROVEMENTS

5.12 LAYOUT OF WORK

GENERAL CONDITIONS Page 2 of 52 Effective July 1, 2026

5.13 MATERIAL AND EQUIPMENT

5.14 AVAILABILITY AND USE OF UTILITY SERVICES

5.15 TESTS AND INSPECTION

5.16 CORRECTION OF NONCONFORMING WORK

5.17 CLEAN UP

5.18 ACCESS TO WORK

5.19 OTHER CONTRACTS

5.20 SUBCONTRACTORS AND SUPPLIERS

5.21 WARRANTY OF CONSTRUCTION

5.22 INDEMNIFICATION

PART 6 – PAYMENTS AND COMPLETION

6.01 CONTRACT SUM

6.02 SCHEDULE OF VALUES

6.03 APPLICATION FOR PAYMENT

6.04 PROGRESS PAYMENTS

6.05 PAYMENTS WITHHELD

6.06 RETAINAGE AND BOND CLAIM RIGHTS

6.07 SUBSTANTIAL COMPLETION

6.08 PRIOR OCCUPANCY

6.09 FINAL COMPLETION, ACCEPTANCE, AND PAYMENT

PART 7 – CHANGES

7.01 CHANGE IN THE WORK

7.02 CHANGE IN THE CONTRACT SUM

7.03 CHANGE IN THE CONTRACT TIME

PART 8 – CLAIMS AND DISPUTE RESOLUTION

8.01 CLAIMS PROCEDURE

8.02 ARBITRATION

PART 9 – TERMINATION OF THE WORK

9.01 TERMINATION BY OWNER FOR CAUSE

9.02 TERMINATION BY OWNER FOR CONVENIENCE

PART 10 – MISCELLANEOUS PROVISIONS

10.01 GOVERNING LAW

10.02 SUCCESSORS AND ASSIGNS

10.03 MEANING OF WORDS

10.04 RIGHTS AND REMEDIES

10.05 CONTRACTOR REGISTRATION

10.06 TIME COMPUTATIONS

10.07 RECORDS RETENTION

10.08 THIRD-PARTY AGREEMENTS

10.09 ANTITRUST ASSIGNMENT

10.10 HEADINGS AND CAPTIONS

GENERAL CONDITIONS Page 3 of 52 Effective July 1, 2026

10.11 DIVERSE BUSINESS PARTICIPATION

10.12 MINIMUM LEVELS OF APPRENTICESHIP PARTICIPATION

10.13 SPECIAL CONDITIONS

GENERAL CONDITIONS Page 4 of 52 Effective July 1, 2026

PART 1 - GENERAL PROVISIONS

1.01 DEFINITIONS

A. “Application for Payment” means a written request submitted by Contractor to A/E for payment of Work completed in accordance with the Contract Documents and approved Schedule of Values, supported by such substantiating data as Owner or A/E may require.

B. “Architect,” “Engineer,” or “A/E” means a person or entity lawfully entitled to practice architecture or engineering, representing Owner within the limits of its delegated authority.

C. “Change Order” means a written instrument signed by Owner and Contractor stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Sum, if any, and (3) the extent of the adjustment in the Contract Time, if any.

D. “Claim” means Contractor’s exclusive remedy for resolving disputes with Owner regarding the terms of a Change Order or a request for equitable adjustment, as more fully set forth in Part 8.

E. “Contract Award Amount” is the sum of the Base Bid and any accepted Alternates.

F. “Contract Documents” means the Advertisement for Bids, Instructions for Bidders, completed bid submission on the DES Public Procurement Portal (https://deswa.bonfirehub.com), General Conditions, Modifications to the General Conditions, Supplemental Conditions, Public Works Contract, other Special Forms, Drawings and Specifications, and all addenda and modifications thereof.

G. “Contract Sum” is the total amount payable by Owner to Contractor, for performance of the Work in accordance with the Contract Documents, including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax.

H. “Contract Time” is the number of calendar days allotted in the Contract Documents for achieving Substantial Completion of the Work.

I. “Contractor” means the person or entity who has agreed with Owner to perform the Work in accordance with the Contract Documents.

J. “Day(s): Unless otherwise specified, day(s) shall mean calendar day(s).”

K. “Drawings” are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, and may include plans, elevations, sections, details, schedules, and diagrams.

L. “Final Acceptance” means the written acceptance issued to Contractor by Owner after Contractor has completed the requirements of the Contract Documents, as more fully set forth in Section 6.09 B.

M. “Final Completion” means that the Work is fully and finally complete in accordance with the Contract Documents, as more fully set forth in Section 6.09 A.

N. “Force Majeure” means those acts entitling Contractor to request an equitable adjustment in the Contract Time, as more fully set forth in paragraph 3.05A.

O. “Notice” means a written notice that has been delivered to the authorized representative or officer of the addressed party by registered or certified mail, or by email as a PDF attachment.

Notices should clearly identify the project number and date of notice.

GENERAL CONDITIONS Page 5 of 52 Effective July 1, 2026 https://deswa.bonfirehub.com

P. “Notice to Proceed” means a notice from Owner to Contractor that defines the date on which the Contract Time begins to run.

Q. “Owner” means the state agency, institution, or its authorized representative with the authority to enter into, administer, and/or terminate the Work in accordance with the Contract Documents and make related determinations and findings.

R. “Person” means a corporation, partnership, business association of any kind, trust, company, or individual.

S. “Prior Occupancy” means Owner’s use of all or parts of the Project before Substantial Completion, as more fully set forth in Section 6.08 A.

T. “Progress Schedule” means a schedule of the Work, in a form satisfactory to Owner, as further set forth in Section 3.02.

U. “Project” means the total construction of which the Work performed in accordance with the Contract Documents may be the whole or a part and which may include construction by Owner or by separate contractors.

V. “Project Record” means the separate set of Drawings and Specifications as further set forth in paragraph 4.02A.

W. “Schedule of Values” means a written breakdown allocating the total Contract Sum to each principal category of Work, in such detail as requested by Owner.

X. “Specifications” are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

Y. “Subcontract” means a contract entered into by Subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind for or in connection with the Work.

Z. “Subcontractor” means any person, other than Contractor, who agrees to furnish or furnishes any supplies, materials, equipment, or services of any kind in connection with the Work.

AA. “Substantial Completion” means that stage in the progress of the Work when the construction is sufficiently complete, as more fully set forth in Section 6.07.

AB. “Work” means the construction and services required by the Contract Documents, and includes, but is not limited to, labor, materials, supplies, equipment, services, permits, and the manufacture and fabrication of components, performed, furnished, or provided in accordance with the Contract Documents.

1.02 ORDER OF PRECEDENCE

Any conflict or inconsistency in the Contract Documents shall be resolved by giving the documents precedence in the following order:

1. Signed Public Works Contract, including any Change Orders.

2. Supplemental Conditions.

3. Modifications to the General Conditions.

4. General Conditions.

5. Specifications. Provisions in Division 1 shall take precedence over provisions of any other

Division.

6. Drawings. In case of conflict within the Drawings, large-scale drawings shall take precedence over small-scale drawings.

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7. Completed Bid Submission on the DES Public Procurement Portal.

8. Advertisement for Bids.

1.03 EXECUTION AND INTENT

Contractor Representations: Contractor makes the following representations to Owner:

1. Contract Sum reasonable: The Contract Sum is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work, as represented by the Contract Documents;

2. Contractor familiar with project: Contractor has carefully reviewed the Contract Documents, visited and examined the Project site, become familiar with the local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface and subsurface conditions and other matters that may be encountered at the Project site or affect performance of the Work or the cost or difficulty thereof;

3. Contractor financially capable: Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor’s obligations required by the Contract Documents; and

4. Contractor can complete Work: Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so.

PART 2 – INSURANCE AND BONDS

2.01 CONTRACTOR’S LIABILITY INSURANCE

General insurance requirements: Prior to commencement of the Work, Contractor shall obtain all the insurance required by the Contract Documents and provide evidence satisfactory to Owner that such insurance has been procured. Review of the Contractor’s insurance by Owner shall not relieve or decrease the liability of Contractor. Companies writing the insurance to be obtained by this part shall be licensed to do business under Chapter 48 RCW or comply with the Surplus Lines Law of the State of Washington. Contractor shall include in its bid the cost of all insurance and bond costs required to complete the base bid work and accepted alternates. Insurance carriers providing insurance in accordance with the Contract Documents shall be acceptable to Owner, and its A.M. Best rating shall be indicated on the insurance certificates.

A. Term of insurance coverage: Contractor shall maintain the following insurance coverage during the Work and for one year after Final Acceptance. Contractor shall also maintain the following insurance coverage during the performance of any corrective Work required by Section 5.16.

1. General Liability Insurance: Commercial General Liability (CGL) on an Occurrence Form.

Coverage shall include, but not be limited to:

a. Completed operations/products liability;

b. Explosion, collapse, and underground; and

c. Employer’s liability coverage.

2. Automobile Liability Insurance: Automobile liability

B. Industrial Insurance compliance: Contractor shall comply with the Washington State Industrial Insurance Act and, if applicable, the Federal Longshoremen’s and Harbor Workers’ Act and the Jones Act.

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C. Insurance to protect for the following: All insurance coverages shall protect against claims for damages for personal and bodily injury or death, as well as claims for property damage, which may arise from operations in connection with the Work whether such operations are by Contractor or any Subcontractor.

D. Owner as Additional Insured: All insurance coverages shall be endorsed to include Owner as an additional named insured for Work performed in accordance with the Contract Documents, and all insurance certificates shall evidence the Owner as an additional insured.

2.02 COVERAGE LIMITS

A. Insurance Coverage Certificates and Policies

The Contractor shall furnish acceptable proof of insurance coverage on the state of Washington Certificate of Insurance form SF500A, dated 07/02/92 or ACORD form, as well as copies of insurance policies.

B. Required Insurance Coverages

1. For a contract less than $100,000.00, the coverage required is:

a. Comprehensive General Liability Insurance – The Contractor shall at all times during the term of this contract, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death or property damage occurring or arising out of services provided under this contract. This insurance shall cover claims caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased as deemed necessary by the contracting parties, shall be:

Each Occurrence $1,000,000.00 General Aggregate Limits $1,000,000.00 (other than products – commercial operations) Products – Commercial Operations Limit $1,000,000.00 Personal and Advertising Injury Limit $1,000,000.00 Fire Damage Limit (any one fire) $50,000.00 Medical Expense Limit (any one person) $5,000.00

b. If the contract is for underground utility work, then the Contractor shall provide proof of insurance for that above in the form of Explosion, Collapse and Underground (XCU) coverage.

c. Employers Liability on an occurrence basis in an amount not less than $1,000,000.00 per occurrence.

2. For contracts over $100,000.00 but less than $5,000,000.00 the contractor shall obtain the coverage limits as listed for contracts below $100,000.00 and General Aggregate and Products – Commercial Operations Limit of not less than $2,000,000.00.

3. Coverage for Comprehensive General Bodily Injury Liability Insurance for a contract over $5,000,000.00 is:

Each Occurrence $2,000,000.00 General Aggregate Limits $4,000,000.00 (other than products – commercial operations) Products – Commercial Operations limit $4,000,000.00 Personal and Advertising Injury Limit $2,000,000.00 Fire Damage Limit (any one fire) $50,000.00 Medical Expense Limit (any one Person) $5,000.00

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4. For all Contracts – Automobile Liability: in the event that services delivered pursuant to this contract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Contractor-owned personal vehicles are used, a Business Automobile Policy covering at a minimum Code 2 “owned autos only” must be secured. If Contractor employee’s vehicles are used, the Contractor must also include under the Business Automobile Policy Code 9, coverage for non-owned autos. The minimum limits for automobile liability is: $1,000,000.00 per occurrence, using a combined single limit for bodily injury and property damage.

5. For Contracts for Hazardous Substance Removal (Asbestos Abatement, PCB Abatement, etc.)

a. In addition to providing insurance coverage for the project as outlined above, the Contractor shall provide Pollution Liability insurance for the hazardous substance removal as follows:

EACH OCCURRENCE AGGREGATE

$500,000.00 $1,000,000.00 or $1,000,000.00 each occurrence/aggregate bodily injury and property damage combined single limit.

i. Insurance certificate must state that the insurer is covering hazardous substance removal.

ii. Should this insurance be secured on a “claims made” basis, the coverage must be continuously maintained for one year following the project’s “final completion” through official completion of the project, plus one year following.

For Contracts where hazardous substance removal is a subcomponent of contracted work, the general contractor shall provide to the Owner a certificate of insurance for coverage as defined in 5a. above. The State of Washington must be listed as an additional insured. This certificate of insurance must be provided to the Owner prior to commencing work.

2.03 INSURANCE COVERAGE CERTIFICATES

A. Certificate required: Prior to commencement of the Work, Contractor shall furnish to Owner a completed certificate of insurance coverage.

B. List Project info: All insurance certificates shall name Owner’s Project number and Project title.

C. Cancellation provisions: All insurance certificates shall specifically require 45 Days prior notice to Owner of cancellation or any material change, except 30 Days for surplus line insurance.

2.04 PAYMENT AND PERFORMANCE BONDS

Conditions for bonds: Payment and performance bonds for 100% of the Contract Award Amount, plus state sales tax, shall be furnished for the Work, using the Payment Bond and Performance Bond form published by and available from the American Institute of Architects (AIA) – form A312. Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% or more.

No payment or performance bond is required if the Contract Sum is $150,000 or less and the Contractor or General Contractor/Construction Manager agrees that Owner may, in lieu of the bond, retain 10% of the Contract Sum for the period allowed by RCW 39.08.010.

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2.05 ALTERNATIVE SURETY

When alternative surety required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons supplying labor or materials required by the Contract Documents if:

A. Owner has a reasonable objection to the surety; or

B. Any surety fails to furnish reports on its financial condition if required by Owner.

2.06 BUILDER’S RISK

A. Contractor to buy Property Insurance: Contractor shall purchase and maintain property insurance in the amount of the Contract Sum including all Change Orders for the Work on a replacement cost basis until Substantial Completion. For projects not involving New Building Construction, “Installation Floater” is an acceptable substitute for the Builder’s Risk Insurance. The insurance shall cover the interest of Owner, Contractor, and any Subcontractors, as their interests may appear.

B. Losses covered: Contractor property insurance shall be placed on an “all risk” basis and insure against the perils of fire and extended coverage and physical loss or damage including theft, vandalism, malicious mischief, collapse, false work, temporary buildings, debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for A/E’s services and expenses required as a result of an insured loss.

C. Waiver of subrogation rights: Owner and Contractor waive all subrogation rights against each other, any Subcontractors, A/E, A/E’s subconsultants, separate contractors described in Section 5.20, if any, and any of their subcontractors, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this section or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

PART 3 – TIME AND SCHEDULE

3.01 PROGRESS AND COMPLETION

Contractor to meet schedule: Contractor shall diligently prosecute the Work, with adequate forces, achieve Substantial Completion within the Contract Time, and achieve Final Completion within a reasonable period thereafter.

3.02 CONSTRUCTION SCHEDULE

A. Preliminary Progress Schedule: Unless otherwise provided in Division 1, Contractor shall, within 14 Calendar Days after issuance of the Notice to Proceed, submit a preliminary Progress Schedule. The Progress Schedule shall show the sequence in which Contractor proposes to perform the Work, and the dates on which Contractor plans to start and finish major portions of the Work, including dates for shop drawings and other submittals, and for acquiring materials and equipment.

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B. Form of Progress Schedule: The Progress Schedule shall be in the form of a Critical Path Method (CPM) logic network or, with the approval of the Owner, a bar chart schedule may be submitted.

The scheduling of construction is the responsibility of the Contractor and is included in the contract to assure adequate planning and execution of the work. The schedule will be used to evaluate progress of the work for payment based on the Schedule of Values. The schedule shall show the Contractor’s planned order and interdependence of activities, and sequence of work.

As a minimum the schedule shall include:

1. Date of Notice to Proceed;

2. Activities (resources, durations, individual responsible for activity, early starts, late starts, early finishes, late finishes, etc.);

3. Utility Shutdowns;

4. Interrelationships and dependence of activities;

5. Planned vs. actual status for each activity;

6. Substantial completion;

7. Punch list;

8. Final inspection;

9. Final completion, and

10. Float time

The Schedule Duration shall be based on the Contract Time of Completion listed on the Euna Procurement Submittal Questionnaire in the Euna Procurement Portal. The Owner shall not be obligated to accept any Early Completion Schedule suggested by the Contractor. The Contract Time for Completion shall establish the Schedule Completion Date.

If the Contractor feels that the work can be completed in less than the Specified Contract Time, then the Surplus Time shall be considered Project Float. This Float time shall be shown on the Project Schedule. It shall be available to accommodate changes in the work and unforeseen conditions.

Neither the Contractor nor the Owner have exclusive right to this Float Time. It belongs to the project.

C. Owner comments on Progress Schedule: Owner shall return comments on the preliminary Progress Schedule to Contractor within 14 Days of receipt. Review by Owner of Contractor’s schedule does not constitute an approval or acceptance of Contractor’s construction means, methods, or sequencing, or its ability to complete the Work within the Contract Time. Contractor shall revise and resubmit its schedule, as necessary. Owner may withhold a portion of progress payments until a Progress Schedule has been submitted which meets the requirements of this section.

D. Monthly updates and compliance with Progress Schedule: Contractor shall utilize and comply with the Progress Schedule. On a monthly basis, or as otherwise directed by Owner, Contractor shall submit an updated Progress Schedule at its own expense to Owner indicating actual progress. If, in the opinion of Owner, Contractor is not in conformance with the Progress Schedule for reasons other than acts of Force Majeure as identified in Section 3.05, Contractor shall take such steps as are necessary to bring the actual completion dates of its work activities into conformance with the Progress Schedule, and if directed by Owner, Contractor shall submit a corrective action plan or revise the Progress Schedule to reconcile with the actual progress of the Work.

E. Contractor to notify Owner of delays: Contractor shall promptly notify Owner in writing of any actual or anticipated event which is delaying or could delay achievement of any milestone or performance of any critical path activity of the Work. Contractor shall indicate the expected duration of the delay, the anticipated effect of the delay on the Progress Schedule, and the action being or to be taken to correct the problem. Provision of such notice does not relieve Contractor of its obligation to complete the Work within the Contract Time.

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3.03 OWNER’S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE

A. Owner may suspend Work: Owner may, at its sole discretion, order Contractor, in writing, to suspend all or any part of the Work for up to 90 Days, or for such longer period as mutually agreed.

B. Compliance with suspension; Owner’s options: Upon receipt of a written notice suspending the Work, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of cost of performance directly attributable to such suspension. Within a period up to 90 Days after the notice is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, Owner shall either:

1. Cancel the written notice suspending the Work; or

2. Terminate the Work covered by the notice as provided in the termination provisions of Part 9.

C. Resumption of Work: If a written notice suspending the Work is cancelled or the period of the notice or any extension thereof expires, Contractor shall resume Work.

D. Equitable Adjustment for suspensions: Contractor shall be entitled to an equitable adjustment in the Contract Time, or Contract Sum, or both, for increases in the time or cost of performance directly attributable to such suspension, provided Contractor complies with all requirements set forth in Part 7.

3.04 OWNER’S RIGHT TO STOP THE WORK FOR CAUSE

A. Owner may stop Work for Contractor’s failure to perform: If Contractor fails or refuses to perform its obligations in accordance with the Contract Documents, Owner may order Contractor, in writing, to stop the Work, or any portion thereof, until satisfactory corrective action has been taken.

B. No Equitable Adjustment for Contractor’s failure to perform: Contractor shall not be entitled to an equitable adjustment in the Contract Time or Contract Sum for any increased cost or time of performance attributable to Contractor’s failure or refusal to perform or from any reasonable remedial action taken by Owner based upon such failure.

3.05 DELAY

A. Force Majeure actions not a default; Force Majeure defined: Any delay in or failure of performance by Owner or Contractor, other than the payment of money, shall not constitute a default hereunder if and to the extent the cause for such delay or failure of performance was unforeseeable and beyond the control of the party (“Force Majeure”). Acts of Force Majeure include, but are not limited to:

1. Acts of God or the public enemy;

2. Acts or omissions of any government entity;

3. Fire or other casualty for which Contractor is not responsible;

4. Quarantine or epidemic;

5. Strike or defensive lockout;

6. Unusually severe weather conditions which could not have been reasonably anticipated; and

7. Unusual delay in receipt of supplies or products which were ordered and expedited and for which no substitute reasonably acceptable to Owner was available.

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B. Contract Time adjustment for Force Majeure: Contractor shall be entitled to an equitable adjustment in the Contract Time for changes in the time of performance directly attributable to an act of Force Majeure, provided it makes a request for equitable adjustment according to Section

7.03. Contractor shall not be entitled to an adjustment in the Contract Sum resulting from an act of Force Majeure.

C. Contract Time or Contract Sum adjustment if Owner at fault: Contractor shall be entitled to an equitable adjustment in Contract Time, and may be entitled to an equitable adjustment in Contract Sum, if the cost or time of Contractor’s performance is changed due to the fault or negligence of Owner, provided the Contractor makes a request according to Sections 7.02 and 7.03.

D. No Contract Time or Contract Sum adjustment if Contractor at fault: Contractor shall not be entitled to an adjustment in Contract Time or in the Contract Sum for any delay or failure of performance to the extent such delay or failure was caused by Contractor or anyone for whose acts Contractor is responsible.

E. Contract Time adjustment only for concurrent fault: To the extent any delay or failure of performance was concurrently caused by the Owner and Contractor, Contractor shall be entitled to an adjustment in the Contract Time for that portion of the delay or failure of performance that was concurrently caused, provided it makes a request for equitable adjustment according to Section 7.03, but shall not be entitled to an adjustment in Contract Sum.

F. Contractor to mitigate delay impacts: Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether occasioned by an act of Force Majeure or otherwise.

3.06 NOTICE TO OWNER OF LABOR DISPUTES

A. Contractor to notify Owner of labor disputes: If Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract Documents, Contractor shall immediately give notice, including all relevant information, to Owner.

B. Pass through notification provisions to Subcontractors: Contractor agrees to insert a provision in its Subcontracts and to require insertion in all sub-subcontracts, that in the event timely performance of any such contract is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor or Sub-subcontractor shall immediately notify the next higher tier Subcontractor or Contractor, as the case may be, of all relevant information concerning the dispute.

3.07 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION

A. Liquidated Damages

1. Reason for Liquidated Damages: Timely performance and completion of the Work is essential to Owner and time limits stated in the Contract Documents are of the essence.

Owner will incur serious and substantial damages if Substantial Completion of the Work does not occur within the Contract Time. However, it would be difficult if not impossible to determine the exact amount of such damages. Consequently, provisions for liquidated damages are included in the Contract Documents.

2. Calculation of Liquidated Damages amount: The liquidated damage amounts set forth in the Contract Documents will be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fixed and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. This amount shall be construed as the actual amount of damages sustained by the Owner, and may be retained by the Owner and deducted from periodic payments to the Contractor.

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3. Contractor responsible even if Liquidated Damages assessed: Assessment of liquidated damages shall not release Contractor from any further obligations or liabilities pursuant to the Contract Documents.

B. Actual Damages

Calculation of Actual Damages: Actual damages will be assessed for failure to achieve Final Completion within the time provided. Actual damages will be calculated on the basis of direct architectural, administrative, and other related costs attributable to the Project from the date when Final Completion should have been achieved, based on the date Substantial Completion is actually achieved, to the date Final Completion is actually achieved.