RFP Kitchen Project Bid Specs.pdf

TECHNICAL SPECIFICATIONS

HOUGHTON-PORTAGE TOWNSHIP SCHOOLS

KITCHEN EQUIPMENT REPLACEMENT

Houghton, Michigan

Prepared by:

U.P. Engineers & Architects, Inc.

100 Portage Street

Houghton, MI 49931

April 5, 2024

[H20-04111]

TABLE OF CONTENTS 000110 - 1

SECTION 000110 - TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 10 Table of Contents

PROCUREMENT REQUIREMENTS

00 11 16 Advertisement for Bid 00 21 13 Instructions to Bidders 00 41 13 Bid Form - Stipulated Sum (single-prime Contract) Affidavit of Bidder Affidavit of Compliance – Iran Economic Sanctions Act

CONTRACTING REQUIREMENTS

00 52 14 Agreement Form - AIA Stipulated Sum (single-prime Contract) AIA Agreement A105 - 2017

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 Summary 01 20 00 Price and Payment Procedures 01 30 00 Administrative Requirements 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution and Closeout Requirements

END OF TABLE OF CONTENTS

Advertisement for Bids 00 11 16 - 1

SECTION 00 11 16 – ADVERTISEMENT FOR BID

Project: Kitchen Equipment Replacement Project Houghton High School and Houghton Elementary School

Owner: Houghton-Portage Township Schools 1603 Gundlach Road Houghton, Michigan 49931

Architect: U.P. Engineers & Architects, Inc.

100 Portage Street Houghton, Michigan 49931

Date: April 5, 2024

Bids will be accepted under seal to the Owner for construction of renovations to the High School and Elementary School kitchens in Houghton, Michigan.

Owner will receive Bids at the office of the Superintendent of Houghton-Portage Township Schools, address above, until 1:00 PM local time on the 30th day of April, 2024, at which time and place the Bids will be publicly opened. Bids not received by the indicated time will not be opened.

Project Description: Remove and replace kitchen equipment supplied by Owner in the high school and elementary school. Provide new rooftop condensing unit and makeup air RTU. Selective interior renovations to accommodate new equipment.

Bidding Documents for a Stipulated Price contract may be obtained by contacting UPEA, whose contact information is listed above, in either paper form or as pdf documents, as follows:

Paper copy: for a $60 non-refundable fee PDF: No charge

Documents will also be available for viewing at the office of the Architect and at the Iron Mountain-Kingsford and Marquette Builders Exchanges.

Bidders shall become familiar with the project scope and conditions of the Work by attending a Pre-Bid Meeting to be held on Tuesday, April 16, 2024, at 2:00 p.m. Interested contractors are required to attend.

Bidders are required to provide a Bid Bond according to the requirements in Section 00 21 13 - Instructions to Bidders. Submit your Bid on the Bid Form provided. Bidders may be required to submit evidence of experience and qualifications to be considered for award of the contract. Refer to other Bidding requirements described in Section 00 21 13.

Bidders shall submit with their bid the following documents:

Affidavit of Disclosure of Familial Relationship Affidavit of Compliance with the Michigan Public Act No. 517 - Iran Economic Sanctions Act

Bids are required to be submitted under a condition of irrevocability for a period of 30 days after submission.

Owner reserves the right to waive irregularities and to accept or reject any or all Bids.

Houghton-Portage Township Schools Anders Hill, Superintendent

END OF DOCUMENT

Instructions To Bidders 002113 - 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1.1 SUMMARY

A. Document Includes:

1. Bid submission.

2. Intent.

3. Work identified in Contract Documents.

4. Contract Time.

5. Definitions.

6. Contract Documents identification.

7. Availability of documents.

8. Examination of documents.

9. Inquiries and Addenda.

10. Product substitutions.

11. Site examination.

12. Bidder qualifications.

13. Subcontractors.

14. Submission procedure.

15. Bid ineligibility.

16. Bid Security.

17. Bid Form signature.

18. Duration of offer.

19. Acceptance of offer.

B. Related Documents:

1. Document 00 11 16 - Invitation to Bid.

2. Document 00 41 13 - Bid Form - Stipulated Sum (Single-Prime Contract).

1.2 BID SUBMISSION

A. Bids signed and sealed, executed, and dated will be received by Owner located at the office of the Architect as noted on the Advertisement for Bids.

B. Bids submitted after the above time may be returned to Bidder unopened.

C. Amendments to submitted Bids will be permitted when received in writing prior to Bid closing and when endorsed by the same party who signed and sealed the Bid.

D. Bidders may withdraw their Bid by written request before the above time.

1.3 CONTRACT TIME

A. Owner requires Work of this Contract be completed on or before August 16, 2024.

B. Contractor may commence work onsite not earlier than June 10, 2024.

C. LIQUIDATED DAMAGES: If the project is not substantially completed, as defined in Section 12.5 of the Agreement, by the date stated in Section 2.3 of the Agreement, Contractor shall be responsible for liquidated damages at the rate of $300 per calendar day.

002113 - 2

1.4 DEFINITIONS

A. Bidding Documents: Contract Documents supplemented with Advertisement for Bids, Instructions to Bidders, Bid Form, and Bid securities.

B. Bid: Executed Bid Form and required attachments submitted according to Instructions to Bidders.

C. Bid Sum: Monetary sum identified by the Bidder in the Bid Form.

1.5 CONTRACT DOCUMENTS IDENTIFICATION

A. Contract Documents are identified as Project number H20-04111 as prepared by U.P. Engineers & Architects, Inc. and identified in the Project Manual.

1.6 AVAILABILITY OF DOCUMENTS

A. Bidding Documents may be obtained as stated in Advertisement for Bids.

B. Bidding Documents are made available only for the purpose of obtaining offers for this Project. Their use does not grant a license for other purposes.

1.7 EXAMINATION OF DOCUMENTS

A. Upon receipt of Bidding Documents verify that documents are complete. Notify Architect if documents are incomplete.

B. Immediately notify Architect upon finding discrepancies or omissions in Bidding Documents.

1.8 INQUIRIES AND ADDENDA

A. Requests for Information/Clarification:

1. Direct questions in writing to spakkala@upea.com.

2. Submit questions not less than seven days before date set for receipt of Bids.

3. Verbal answers are not binding on any party.

4. Replies will be made by Addenda.

5. Responses to inquiries affecting clarity of documents or perceived to affect cost will be addressed by Addenda, to be issued during Bidding period.

B. Addenda:

1. Addenda will be sent to those registered with U.P. Engineers & Architects.

2. Addenda become part of Contract Documents.

3. Include resultant costs in Bid Price.

1.9 PRODUCT SUBSTITUTIONS

A. Where Bidding Documents stipulate particular products, substitution requests will be considered by Architect up to 10 days before receipt of Bids.

B. With each substitution request, provide sufficient information for Architect to determine acceptability of proposed products. Comply with substitution request submittal requirements in Section 01 60 00 - Product Requirements.

002113 - 3

C. When a request to substitute a product is made, Architect may approve the substitution. Approved substitutions will be identified by Addenda.

D. In submission of substitutions to products specified, Bidders shall include in their Bid changes required in the Work changes to Contract Time and changes to Contract Sum to accommodate such approved substitutions. Later claims by the Bidder for an addition to the Contract Time or Contract Sum because of changes in Work necessitated by use of substitutions will not be considered.

1.10 SITE EXAMINATION

A. Examine the Project site before submitting a Bid.

1.11 BIDDER QUALIFICATIONS

A. To demonstrate qualification for performing the Work of this Contract, Bidders may be requested to submit written evidence of financial position, previous experience, and current commitments. It is especially important to have demonstrated experience with commercial kitchen projects.

1.12 SUBCONTRACTORS

A. Owner reserves the right to reject a proposed Subcontractor for reasonable cause.

1.13 SUBMISSION PROCEDURE

A. Bidders shall be solely responsible for delivery of Bids in manner and time prescribed.

B. Submit two copies of executed offer on Bid Forms provided, signed and sealed with required security in a closed opaque envelope, clearly identified with Bidder's name and address, Project name, and Owner's name on the outside.

C. Improperly completed information, including irregularities in Bid bond, may be cause not to open the Bid Form envelope and to declare the Bid invalid or informal.

1.14 BID INELIGIBILITY

A. Bids that are unsigned, improperly signed or sealed, conditional, illegible, and obscure, or Bids that contain arithmetical errors, erasures, alterations, or irregularities of any kind, may be declared unacceptable at Owner's discretion.

B. Bid Forms, Appendices, and enclosures that are improperly prepared may be declared unacceptable at Owner's discretion.

C. Failure to provide bid security may invalidate the Bid at Owner's discretion.

1.15 BID SECURITY

A. Bids shall be accompanied by Bid security as follows:

1. Bid bond of a sum no less than 5 percent of the Bid Sum on AIA A310 - Bid

Bond or on standard surety company form.

002113 - 4

B. Endorse Bid bond in name of the Owner as obligee, signed and sealed by the principal (Contractor) and surety.

C. If the accepted Bidder fails to execute the Agreement and the indicated bonds within 10 days after the Notice of Award, the Notice of Award may be annulled and the Bid security of the Bidder will be forfeited.

1.16 BID FORM SIGNATURE

A. Sign Bid Form as follows:

1. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign. Include the words "Sole Proprietor" under the signature.

Affix seal.

2. Partnership: Signature of all partners in the presence of a witness who will also sign. Include the word "Partner" under each signature. Affix seal to each signature.

3. Corporation: Signature of at least one duly authorized signing officer.

Include the officer's capacity under each signature. Affix the corporate seal.

If Bid is signed by officials other than the president, secretary, or treasurer of the company, submit a copy of the bylaws or a resolution of the board of directors authorizing them to do so, with the Bid Form in the Bid envelope.

4. Joint Venture: Signature of all parties of the joint venture under their respective seals in a manner appropriate to such party as described above, similar to requirements for Partnerships.

1.17 DURATION OF OFFER

A. Bids shall remain open to acceptance and shall be irrevocable for a period of 30 days after Bid closing date.

1.18 ACCEPTANCE OF OFFER

A. Owner has the right to waive irregularities and to accept or reject any or all offers.

B. After acceptance by Owner, Architect, on behalf of Owner, will issue to the accepted Bidder a written Notice of Award.

C. Notwithstanding delay in the preparation and execution of the Agreement, accepted Bidder shall be prepared, upon written Notice to Proceed, to commence work within seven days following receipt of official written order of Owner to proceed, or on date stipulated in such order.

D. The accepted Bidder shall assist and cooperate with Owner to prepare Agreement and shall execute Agreement and return it to Owner within seven days following its presentation.

004113 - 1

DOCUMENT 00 41 13

BID FORM - STIPULATED SUM

Project: KITCHEN EQUIPMENT REPLACEMENT PROJECT

Owner: Houghton-Portage Township Schools 1603 Gundlach Road

Houghton, Michigan 49931

Date:

Submitted by:

(Firm name and address)

(Telephone Number)

(Email)

1. OFFER

1.1 Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by U.P. Engineers and Architects, Inc., Architect for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Bid Sum of:

$ , ( dollars), in lawful money of the United States of America.

- We have included the Bid Bond as required by the Instruction to Bidders.

- All applicable federal taxes and State of Michigan taxes are included in the Bid.

2. ACCEPTANCE

This offer shall be open to acceptance and irrevocable for thirty days from the bid closing date.

If this bid is accepted by the Owner within the time period stated above, we will:

- Execute the Agreement within seven days of receipt of Notice of Award.

- Furnish the required bonds at the time of the execution of the Agreement.

- Commence work in conformance with requirements found in Instructions to Bidders.

If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required bonds, the bid bond shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the bid bond or the difference between this bid and the bid upon which a Contract is signed.

3. CONTRACT TIME

If this Bid is accepted, we will Complete Work on or before August 16, 2024.

004113 - 2

4. ADDENDA

The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum.

Addendum # Dated

5. SUBCONTRACTORS

The following firms have submitted costs for their portion of the Work, and it is the intent of this Contractor to enter into a Subcontractor agreement if we are awarded the Work:

Work Scope Subcontractor

6. APPENDICES

- The Bid Bond documents are attached to and made a condition of the Bid

8. BID FORM SIGNATURES

(Seal)

The Corporate Seal of:

(Bidder - print the full name of your firm) was hereunto affixed in the presence of:

(Authorized signing officer) (Title)

If the Bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriate form or forms as above.

AFFIDAVIT OF BIDDER

The undersigned, the owner or authorized officer of __ ___________ ___________ (the “Bidder”), pursuant to the familial disclosure requirement provided in the Houghton-Portage Township School District (the “District”) advertisement for construction bids, hereby represent and warrant, except as provided below, that no familial relationships exist between the owner(s) or any employee of District and any member of the Board of Education of the School District or the Superintendent of the School District.

List any Familial Relationships:

BIDDER:

By:

Its:

STATE OF )

)ss.

COUNTY OF ____________ )

This instrument was acknowledged before me on the _____ day of ____________, 2020, by

, Notary Public

______________ County, ______________

My Commission Expires: ___________

Acting in the County of: ___________

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

MICHIGAN PUBLIC ACT NO. 517 OF 2012

The undersigned, the owner or authorized officer of ________________________ (the “Bidder”), pursuant to the compliance certification requirement provided in the Houghton-Portage Township School District (the “District”) Advertisement for Bids, hereby certifies, represents and warrants that the Bidder (including its officers, directors and employees) is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Bidder is awarded a Contract as a result of the aforementioned Advertisement for Bids, the Bidder will not become an “Iran Linked Business” at any time during the course of performing under the Contract.

The Bidder further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the Contract or proposed Contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on an Advertisement for Bids for three

(3) years from the date that it is determined that the person has submitted the false certification.

BIDDER:

Name of Bidder

By:

Its:

STATE OF )

COUNTY OF _)

This instrument was acknowledged before me on the _____ day of ____________, 20____, by

, Notary Public

_____________ _County, ________ _

My Commission Expires: _______ _

Acting in the County of: _____ ______

Agreement Form - AIA (Single-Prime Contract) 00 52 14 - 1

SECTION 00 52 14 - AGREEMENT FORM - AIA STIPULATED SUM (SINGLE-PRIME CONTRACT)

1.1 SUMMARY

A. Document Includes:

1. Form of Agreement.

1.2 DOCUMENTS

A. Basis of Agreement between Owner and Contractor: AIA Document A105 – 2017, Standard Short Form of Agreement between Owner and Contractor.

1.3 PERFORMANCE AND PAYMENT BOND

A. Contractor shall provide bonds for 100% of construction cost at the time of contract signing.

AIA

Document A105™ – 2017

Standard Short Form of Agreement Between Owner and Contractor

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

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

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

AGREEMENT made as of the day of » in the year 2024 » (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

«Houghton-Portage Township Schools»» «1603 Gundlach Road Houghton, MI 49931» «Telephone Number: 906-482-0450» and the Contractor:

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

(Name, location and detailed description)

«HPTS Kitchen Equipment Replacement» «Houghton High School and Houghton Elementary School» «Miscellaneous renovations and equipment replacement at two schools.»

The Architect:

(Name, legal status, address and other information)

«U.P. Engineers & Architects, Inc.»«» «100 Portage Street Houghton, MI 49931» «Telephone Number: 906.482.4810» «Fax Number: 906.482.9799»

The Owner and Contractor agree as follows.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382)

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENTS

5 INSURANCE

6 GENERAL PROVISIONS

7 OWNER

8 CONTRACTOR

9 ARCHITECT

10 CHANGES IN THE WORK

11 TIME

12 PAYMENTS AND COMPLETION

13 PROTECTION OF PERSONS AND PROPERTY

14 CORRECTION OF WORK

15 MISCELLANEOUS PROVISIONS

16 TERMINATION OF THE CONTRACT

17 OTHER TERMS AND CONDITIONS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of

.1 this Agreement signed by the Owner and Contractor;

.2 the drawings and specifications prepared by the Architect, dated April 5, 2024, and enumerated as follows:

Drawings:

G001 COVER SHEET

A101 AREA OF WORK PLAN - HIGH SCHOOL

A201 KITCHEN FLOOR PLAN - HIGH SCHOOL

M001 MECHANICAL AND PLUMBING ABBREVIATIONS AND SYMBOLS

M101 OVERALL EXISTING MECHANICAL PLAN - HIGH SCHOOL

M401 ENLARGED MECHANICAL/ PLUMBING PLAN - HIGH SCHOOL

M501 MECHANICAL DETAILS & SCHEDULES - HIGH SCHOOL

E001 ELECTRICAL ABBREVIATIONS

E101 AREA OF WORK PLAN - HIGH SCHOOL

ED201 ENLARGED EXISTING ELECTRICAL PLAN - HIGH SCHOOL

E201 PROPOSED ELECTRICAL PLAN - HIGH SCHOOL

E301 PROPOSED PANEL SCHEDULES - HIGH SCHOOL

A601 KITCHEN FLOOR PLAN – ELEMENTARY

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382)

Specifications:

.3 addenda prepared by the Architect as follows:

Number Date Pages

.4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this Agreement; and

.5 other documents, if any, identified as follows:

«n/a»

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work.

§ 2.2 Date of Commencement:

Unless otherwise set forth below, the date of commencement shall be the date of this Agreement.

(Insert the date of commencement if other than the date of this Agreement.)

§ 2.3 Substantial Completion:

Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work:

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

[ «X » ] By the following date: August 16, 2024»

ARTICLE 3 CONTRACT SUM

§ 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Subject to additions and deductions in accordance with Article 10, the Contract Sum is:

§ 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:

(Itemize the Contract Sum among the major portions of the Work.)

Portion of the Work Value n/a

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

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

«n/a »

§ 3.4 Allowances, if any, included in the Contract Sum are as follows:

(Identify each allowance.)

Item Price n/a

§ 3.5 Unit prices, if any, are as follows:

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382)

(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) n/a

ARTICLE 4 PAYMENTS

§ 4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows:

(Insert below timing for payments and provisions for withholding retainage, if any.)

Application for Payment shall reflect 10% retainage. Upon Contractor's request, Owner may allow the cessation of retainage at 50% completion, such that the total amount retained at Substantial Completion is not less than 5% of the contract amount.

§ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project.

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

ARTICLE 5 INSURANCE

§ 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1:

§ 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than one million» ($ 1,000,000 ) each occurrence, two million» ($ 2,000,000 general aggregate, and two million» ($ 2,000,000) aggregate for products-completed operations hazard.

§ 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than one million» ($ 1,000,000) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage.

§ 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 5.1.4 Workers’ Compensation at statutory limits.

§ 5.1.5 Employers’ Liability with policy limits not less than «five hundred thousand» ($ 500,000 ) each accident, five hundred thousand» ($ 500,000) each employee, and five hundred thousand» ($ 500,000) policy limit.

§ 5.1.6 The Contractor shall provide builder’s risk insurance to cover the total value of the entire Project on a replacement cost basis.

§ 5.1.7 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits Performance Bond 100% of Contract amount Material and Payment Bond 100% of Contract amount

§ 5.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shall provide property insurance to cover the value of the Owner’s property. The Contractor is entitled to receive an increase

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382) in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance.

§ 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to provide coverage for the Contractor’s obligations under Section 8.12.

§ 5.4 Prior to commencement of the Work, each party shall provide certificates of insurance showing their respective coverages.

§ 5.5 Unless specifically precluded by the Owner’s property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents, and employees, each of the other; and

(2) the Architect, Architect’s consultants, and any of their agents and employees, for damages caused by fire or other causes of loss to the extent those losses are covered by property insurance or other insurance applicable to the Project, except such rights as they have to the proceeds of such insurance.

ARTICLE 6 GENERAL PROVISIONS

§ 6.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.

§ 6.2 The Work The term “Work” means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations.

§ 6.3 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

§ 6.4 Ownership and Use of Architect’s Drawings, Specifications and Other Documents Documents prepared by the Architect are instruments of the Architect’s service for use solely with respect to this Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect.

§ 6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below.

(Insert requirements for delivering written notice by email 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.)

Read receipt is required for contract changes not otherwise verified by written signature.

ARTICLE 7 OWNER

§ 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.

§ 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges.

§ 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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§ 7.2 Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made.

§ 7.3 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect.

§ 7.4 Owner’s Right to Perform Construction and to Award Separate Contracts § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project.

§ 7.4.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors employed by the Owner.

ARTICLE 8 CONTRACTOR

§ 8.1 Review of Contract Documents and Field Conditions by Contractor § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents.

§ 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies, or omissions discovered to the Architect.

§ 8.2 Contractor’s Construction Schedule The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work.

§ 8.3 Supervision and Construction Procedures § 8.3.1 The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work.

§ 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner, through the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection.

§ 8.4 Labor and Materials § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work.

§ 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

§ 8.5 Warranty The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382) requirements of the Contract Documents. Any material or equipment warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 12.5.

§ 8.6 Taxes The Contractor shall pay sales, consumer, use, and similar taxes that are legally required when the Contract is executed.

§ 8.7 Permits, Fees and Notices § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work.

§ 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules, and regulations.

§ 8.8 Submittals The Contractor shall promptly review, approve in writing, and submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents. Shop drawings, product data, samples, and similar submittals are not Contract Documents.

§ 8.9 Use of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents, and the Owner.

§ 8.10 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly.

§ 8.11 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery, and surplus material; and shall properly dispose of waste materials.

§ 8.12 Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

ARTICLE 9 ARCHITECT

§ 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

§ 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work.

§ 9.3 The Architect will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility. The Architect will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382)

§ 9.4 Based on the Architect’s observations and evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor.

§ 9.5 The Architect has authority to reject Work that does not conform to the Contract Documents.

§ 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor’s submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.

§ 9.7 On written request from either the Owner or Contractor, the Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents.

§ 9.8 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from the Contract Documents, and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.

§ 9.9 The Architect’s duties, responsibilities, and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld.

ARTICLE 10 CHANGES IN THE WORK

§ 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract, consisting of additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit.

§ 10.2 The Architect may authorize or order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such authorization or order shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall proceed with such minor changes promptly.

§ 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.

ARTICLE 11 TIME

§ 11.1 Time limits stated in the Contract Documents are of the essence of the Contract.

§ 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond the Contractor’s control, the Contract Time shall be subject to equitable adjustment.

§ 11.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible party.

ARTICLE 12 PAYMENTS AND COMPLETION

§ 12.1 Contract Sum The Contract Sum stated in this Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 12.2 Applications for Payment § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in this Agreement. The Application shall be supported by data substantiating the Contractor’s right to payment as the Owner or Architect may reasonably require, such as evidence of payments made to, and waivers of liens from, subcontractors and

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 07:59:07 ET on 12/10/2021 under Order No.2451327914 which expires on 07/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1462723382) suppliers. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing.

§ 12.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or other encumbrances adverse to the Owner’s interests.

§ 12.3 Certificates for Payment The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in part; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole. If certification or notification is not made within such seven day period, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time and the Contract Sum shall be equitably adjusted due to the delay.

§ 12.4 Progress Payments § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents.

§ 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders.

§ 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier.

§ 12.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents.

§ 12.5 Substantial Completion § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 12.5.2 When the Contractor believes that the Work or designated portion thereof is substantially complete, it will notify the Architect and the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete, the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, establish the responsibilities of the Owner and Contractor, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 12.6 Final Completion and Final Payment § 12.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment.

§ 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests, or encumbrances arising out of the Contract.

AIA Document A105™ – 2017.