Avara Construction WA State Contractors Registration No. GIBRAMC980B8

Transcription

1 Page 1 of 12 SUBCONTRACTOR INFORMATION Business Name (Subcontractor): Physical Address: Billing Address: Business Telephone: Business Fax: Address: Billing Contact Person: Billing Telephone: Payment Terms: Discounts Available (if any): Federal EIN, Tax I.D. Number, (9 digits, ##-#######) or Social Security Number: Washington UBI Number / Master License Number (9 digits, ###-###-###): L & I License/Certificate number, (Combination of 12 digits and letters, XXXXXXX###XX): Certificate of Liability Insurance, Including Policy # and Expiration Date, Must list as an additional insured (Please have your insurance company forward.) Subcontractor's Bond Company: Subcontractor s Bond No.: Company Incorporation: Yes No State of Incorporation:

2 Page 2 of 12 WE ARE AVARA We created to set a new standard for customer service and client satisfaction in the Construction Industry. puts partnerships first, promising to create win-win situations throughout the duration of every project. Avara lives and breathes optimism and entrepreneurship, and that is reinforced every day in our people-oriented work environment, where our staff is empowered to exert their full potential. Together we are shaping the way construction is done, and building a more beautiful world. We know that there are going to be details that need to be confirmed, schedules that can t slip, and budgets that must be met. We will actively work with you to get it done, and always communicate respectfully. We take responsibility and seek opportunities to provide solutions. Please come directly to us with any problems. Our Business Manager, Alissa Himmelman, will work with you to find the solution. Her direct line is and her address is ahimmelman@avaraconstruction.com. MASTER SUBCONTRACT GENERAL PROVISIONS 1. If Contractor so requires, Subcontractor shall obtain and furnish to Contractor and maintain in effect during the life of this Subcontract a surety bond for performance and payment in form and with sureties acceptable to Contractor, and in an amount equal to the Subcontract price, conditioned upon and covering the faithful performance of and compliance with all of the terms, provisions and conditions of this Subcontract. Surety companies executing Bonds must appear on the Department of the Treasury s most recent Federal Register, Fiscal Service Department Circular 570, as amended, with a dollar underwriting limitation equal to or greater than the individual bond penalties provided, and be duly licensed to transact business in the state where the Project is located. Further, said surety companies executing bonds must be rated A-X or better, as listed in Best s most recent Property Casualty Key Rating Guide. 2. Subcontractor certifies that he has full knowledge with all terms and obligations of the Contract, that he has inspected the jobsite, that he is familiar with the location of the jobsite and existing jobsite conditions, including, without limitation, labor, weather, supply, physical and subsurface conditions, and that he has informed himself of all conditions relating to the execution of the Work and the conditions under which the Work is to be performed. Before proceeding with any item of Work, Subcontractor shall accurately inspect and check all previously completed and surrounding work done by Contractor or others. Failure of Subcontractor to detect and report in writing to Contractor any defects or discrepancies shall be an admission by Subcontractor that the previously completed and surrounding work has been done in a proper manner. Subcontractor, however, will not be responsible for latent defects, which could not have been discovered by such inspection. 3. Subcontractor shall commence the Work upon receipt of Contractor s notice to proceed and shall diligently prosecute the same and perform progressively as, when and in such order as directed by Contractor. If Contractor provides Subcontractor with a progress schedule, Subcontractor shall follow such schedule which may be changed by Contractor from time to time for any reason. Subcontractor shall perform in accordance with such modified schedules(s). Subcontractor shall not be entitled to any claim for damages for performing in accordance with such modified schedules nor shall Subcontractor be entitled to any claim for damages on account of hindrances, interference s, disruptions or delays from any cause whatsoever. 4. Subcontractor shall at all times comply with all schedule requirements. Should Subcontractor fail in any respect to prosecute the Work with promptness and diligence and in such manner as to delay Contractor or progress of the Project, or if the progress of the Work is such that in Contractor s sole opinion the completion of the Work or any part thereof within the time specified is doubtful; then upon Contractor giving Subcontractor written notice thereof, Subcontractor agrees to immediately take all action necessary to ensure the completion of the Work or any part thereof within the time specified, including but not limited to any or all of the following: labor force; increase the number of working hours per shift; increase the number of shifts per working day; increase the number of working days per week; increase the amount of construction equipment and/or tools; or perform any combination of the foregoing actions. Subcontractor agrees that he shall have no claim for any adjustment in the Subcontract price or reimbursement because of the extra expenses occasioned by compliance with this Section. Compliance with this Section shall not release or relieve Subcontractor from any other obligation or liability assumed under this Subcontract, nor shall such compliance prevent or stop Contractor from enforcing any other right or collecting any damages or costs to which he is entitled under this Subcontract including liquidated penalties imposed by Owner. 5. Subcontractor will accept responsibility for all damage caused by Subcontractor which shall be deemed to include, without limiting the generality of the foregoing, cleaning up of rubbish and debris resulting from Subcontractor s Work and removal of same from the Project and cleaning of walls, floors and other surfaces soiled by Subcontractor; provided, however that Subcontractor will not be responsible for any damage existing at the time Subcontractor begins work of which Subcontractor notifies Contractor in writing prior to commencing work thereunder.

3 Page 3 of Subcontractor shall not assign or sublet this Subcontract or any part thereof, and shall not assign any money due or to become due thereunder without first obtaining the written consent of Contractor. Unless Contractor s written consent specifically provides otherwise, Subcontractor s duties and obligations thereunder shall not be modified by any such assignment or subcontract. 7. Subcontractor will employ no person whose employment on or in connection with this Subcontract may be objectionable to Contractor, and Subcontractor will discharge any such person when objected to by Contractor. At all times when his Work is being performed on the jobsite, Subcontractor shall assign to and keep on the Project a competent superintendent who shall have full authority to act for Subcontractor in all matters pertaining to this Subcontract. 8. Subcontractor specifically agrees that he is responsible for the protection of his Work until final completion and acceptance thereof by Owner and that he will make good or replace, at no expense to Contractor, any damage to his Work which occurs prior to said final acceptance. 9. Contractor may at any time by written order of Contractor s authorized representative, and without notice to Subcontractor s sureties, and without invalidating this Subcontract, order extra work or make changes in, additions to and omissions from the Work to be performed under this Subcontract, and Subcontractor shall promptly proceed with the performance of this Subcontract as so changed. Any increase or decrease in the Subcontract price resulting from such changes shall be agreed upon, by Subcontractor, in writing by the parties hereto. Provided that in the event the parties are unable to reach agreement, Subcontractor shall continue to perform work as changed per schedule. Any claim or increase, by Subcontractor, of the Subcontract price under this Section must be made in writing within seven (7) days from the date such changes are ordered, or earlier if required by the Contract. The Subcontract price shall be adjusted on account of any such changes, subject to any applicable provisions of the Contract. Contractor shall not be liable to Subcontractor for any extra labor, materials or equipment furnished without such written order by Contractor. No officer, employee or agent of Contractor is presently authorized or will hereafter be authorized to direct any extra or changed work by oral order. 10. In any event, Subcontractor s guarantee of its work shall be at least to the same extent that Contractor is obligated to guarantee its work under the Contract. 11. Invoices must be received by by the 20 th day of the month to be processed for payment on the 10 th of the following month. Invoices not received by the 20 th of the month will not be processed in that pay period. Invoices must be invoiced separately for each job and must include the Job Number, Job Site Address, and Purchase Order Number (if issued). Any invoices for Change Orders or additional work must be invoiced separately and contain the corresponding Avara Construction Change Order / Field Purchase Order number. Payment to a subcontractor is contingent upon the Subcontractor maintaining current registration and industrial insurance requirements. shall have the right to require Subcontractor to provide lien releases by all persons supplying labor, materials, or services to Subcontractor for the job performed by Subcontractor and to withhold payment until such releases are supplied. 12. All Subcontracted work is to be performed in a workmanlike manner and must conform to national, state, WISHA, OSHA, and local building codes. It shall solely be the Subcontractor s responsibility to perform field measurements, verify dimensions on drawings, be informed of all applicable building codes, and to obtain the appropriate inspections and certifications. The Subcontractor will not sublet or assign any work without the prior written consent of, and if consent if provided to Subcontractor to sublet or assign work, then the Subcontractor is responsible for ensuring that any additional subcontractors or suppliers have a fully executed Subcontract Agreement and the appropriate Certificate of Insurance on file with. An Avara Construction Change Order is required for any additional work to be performed outside of the original bid or scope of work. Change Orders must be mutually agreed to prior to any additional work being performed. Additional work performed without a Change Order or Field Purchase Order will not be paid. 13. Subcontractor further agrees that no payment, whether progress or final payment, made under this Subcontract, or certificate thereof, shall operate as approval or acceptance of work furnished hereunder or be evidence of performance by Subcontractor hereunder, either wholly or in part, and that no payment or certificate therefor shall be construed to be an acceptance of defective or improper materials, equipment or workmanship or of any element of Subcontractor s performance determined to be at variance with this Subcontract or the Contract. No payment or certificate therefor shall constitute a waiver by Contractor of any right to require fulfillment of all the terms, covenants and conditions of this Subcontract nor shall such payment or certificate alter the effectiveness of any warranties, implied or expressed, which attach to any work performed by Subcontractor or to any equipment or materials furnished by Subcontractor. Subcontractor shall apply for payment on Contractor s application for payment form and hereby agrees to the terms and conditions herein. Subcontractor acknowledges that all payments accepted by it which are otherwise due under this Subcontract shall constitute a trust fund in favor of the laborers, materialmen, governmental authorities, tier subcontractors, and all

4 Page 4 of 12 others who are legally entitled to claim a lien, claim on bond, or otherwise enforce an obligation of Subcontractor relating to the work covered by this Subcontract. If Subcontractor is indebted to Contractor, or anyone else, for labor, fringe benefits, taxes, supplies, materials, equipment, rental or other proper charges against the work covered by this Subcontract, the amount of such indebtedness may be deducted by Contractor from any payment or payments made or to be made under this Subcontract. Contractor, in its sole discretion, may pay any amount so deducted directly to Subcontractor s project creditor on whose the account was deducted. If Contractor is forced to defend or otherwise make payment to Subcontractor s project creditors, Subcontractor shall reimburse Contractor for all such costs incurred over and above the Subcontract s earned contract balance, including reasonable attorneys fees and costs (including expert witness fees, consultant fees, and all other costs directly or consequentially caused by the claim or indebtedness of the project creditor) incurred by Contractor. 14. Subcontractor expressly agrees that as a part of his obligations under this Subcontract, he shall pay all bills for labor, materials, supplies, equipment and subcontract work in connection with the Work. In order to protect the Project, Owner and Contractor from all claims, liens and encumbrances of any nature, it is expressly agreed that payment of money otherwise due Subcontractor need not be made by Contractor until all labor, material, tools, equipment, fees, permits, taxes and other charges in connection with the work have been fully paid. If required by Contractor, receipted bills and releases therefore showing payment in full shall be furnished by Subcontractor to Contractor prior to Contractor s payment of any and all sums to Subcontractor. Subcontractor shall deliver his work free from all claims, encumbrances or liens and Subcontractor expressly agrees that monies received for the performance of this Subcontract shall be held in trust by Subcontractor and first used for labor, material and equipment entering into or used in connection with the Work and said monies shall not be diverted to apply to obligations of Subcontractor on other projects or for other purposes. Should Subcontractor fail or refuse to remove any liens or encumbrances, Contractor shall have the right to take whatever action is deemed necessary for their removal, including but not limited to obtaining a lien bond and Subcontractor expressly agrees to reimburse Contractor for all costs and expense (including attorney s fees, expert fees, consultant fees, or any other expense incurred as a direct or consequential result of Subcontractor s removal) so incurred. Subcontractor further agrees to defend and hold Contractor harmless from all claims, encumbrances and liens growing out of the performance of this Subcontract and Subcontractor agrees that he will at his own cost and expense (including attorney s fees, expert fees, consultant fees, or any other expense incurred as a direct or consequential result of any claim, encumbrance, or lien relating to the performance of this Subcontract) remove all liens or encumbrances which attach to any part of the Project and which arise in any way out of the performance of this Subcontract. There will be no assignment of accounts receivable by Subcontractor to any other creditor. In the event of subcontractor bankruptcy, neither accounts receivable nor this contract shall be a part of the Subcontractor s bankruptcy estate. Should Contractor learn that Subcontractor is not timely paying obligations incurred by Subcontractor on this project or in the event of Subcontractor s insolvency, bankruptcy, or dissolution; Contractor may, at its sole discretion, directly pay Subcontractor s obligations on this project. Any such payments will be charged to Subcontractor with a ten percent (10%) surcharge for administration costs incurred by Contractor. 15. Subcontractor agrees to fully comply with all federal, state and local laws, ordinances, codes, rulings and regulations and expressly agrees to hold Contractor harmless from any and all liability with respect thereto. Subcontractor shall pay all taxes, contributions to trust funds, licenses and fees of every nature imposed or charged by any government authority or labor agreement upon the labor, material or other things used in the performance of the Work or upon the transaction between Contractor and Subcontractor. In the event Contractor is held liable to pay any such charges, Subcontractor agrees to supply Contractor with all records necessary to compute the same and to fully reimburse Contractor upon demand for the amount (including penalties and interest) paid by Contractor. 16. Subcontractor agrees to pay all royalties and license fees; to defend all suits or claims for infringement of any patent rights involved in the Work under this Subcontract, and to save Contractor harmless from all loss, cost or expense on account of such use or infringement by Subcontractor. 17. If any provision herein is inconsistent with Contractor s Contract with the Owner, or with the drawings or specifications, the specific provision deemed most favorable to Contractor, at Contractors sole discretion, shall apply. 18. All claims by Subcontractor against Contractor for damage to the work alleged to have been caused by Contractor, or for any addition to the Subcontract price, must be presented to Contractor in writing within seven (7) days after the claim event or such shorter time as the Contract may dictate. 19. Subcontractor shall take all reasonable safety precautions pertaining to his Work. Subcontractor shall furnish adequate safety equipment relevant to their responsibilities. Without limiting the generality of the foregoing, he shall comply with all applicable laws, ordinances, rules, regulations and orders issued by a public authority, whether federal, state, local or otherwise, including, but not limited to, the Federal Occupational Safety and Health Act and shall hold Contractor harmless from all suits, citations, penalties, losses, damage, costs (including attorney s fees, expert fees, consultant fees, or any other expense incurred as a direct or consequential result of such claim) arising in whole or in part from any alleged safety violation. All work performed and all material supplied by the

5 Page 5 of 12 Subcontractor shall comply with any applicable provision of the Uniform Building Code and any other laws, codes, and regulations applicable to the work performed. Subcontractor shall obtain any and all permits imposed by any agency with jurisdiction as a prerequisite to or condition of Subcontractor s work, except to the extent that those permits have been or will be obtained by another party under the terms of the General Contract between Contractor and Owner. Furthermore, the Subcontractor agrees not to use or bring on site any asbestos, polychlorinate biphenyl s (PCB s) or any other material expressly prohibited by any local, state, or federal regulations, laws or codes. Subcontractor agrees to defend, indemnify, and hold harmless the Contractor, Owner, and any third party in contract with either the Contractor or Owner, from any and all claims that may arise from Subcontractor s use of such hazardous materials, including all costs, attorney fees, expert fees, consultant fees, or any other expense incurred as a direct or consequential result of Subcontractor s use of such hazardous materials. Subcontractor shall perform the work in strict accordance with all applicable occupational safety, environmental, or health laws. 20. A waiver by Contractor of any breach or violation by Subcontractor of any provision hereof or of the Contract, shall not constitute a waiver of any further or additional breach of such provision or of any other provision. No provision of this Subcontract, including the foregoing general conditions, may be waived by Contractor except in writing; and this Subcontract may only be amended by written agreement of Contractor and Subcontractor. 21. Subcontractor shall conform to and be fully responsible for implementation of the Equal Employment Opportunity guidelines set forth by local, state and federal law. Including, but not limited to, Affirmative Action for the handicapped, disabled Veterans and Veterans of the Vietnam era. 22. Subcontractor agrees to resolve any disputes arising from performance of this contract through litigation in the Superior Court of King County, WA. Venue shall be in King County, WA. Washington State Law shall apply. Subcontractor submits to the jurisdiction of King County Superior Court and agrees to accept service of legal process by regular and/or certified mail to the address herein. SPECIAL CONTRACT PROVISIONS DISPUTES: In case of any disputes between the Subcontractor and the Contractor, Subcontractor agrees to be bound to Contractor to the same extent that Contractor is bound to Owner both by the terms of the Main Contract and by any and all decisions or determinations made thereunder by the party or board so authorized in the Main Contract. It is agreed that in the event the Main Contract contains a provision, herein called Disputes clause, whereby claims may be resolved under an administrative procedure or by litigation. Then as to any claims of Subcontractor for or on account of acts and omissions of the Owner or his Engineer/Architect or Agent which are not disposed of by agreement, the Contractor agrees to present to the Owner, in Contractor s name all of Subcontractor s claims for additional monetary compensation or time extension; and to further invoke, on behalf of the Subcontractor, those provisions in the Main Contract for determining disputes. The Contractor s decision shall be final as to whether any claims of Subcontractor are on account of acts and omissions of the Owner or Owner s Engineer/Architect or Agent. Contractor shall have the option to present such claims on Subcontractor s behalf, in advance of and even without Subcontractor s written request. Subcontractor shall have full responsibility for preparation and presentation of such claims and shall bear all expenses thereof, including attorney s fees, expert fees, consultant fees, or any other expense incurred as a direct or consequential result of such claim. Litigation: All other claims, disputes, and other matters in question between Contractor and Subcontractor arising out of, or relating to, the main Contract, this Subcontract, or any other event or document relating to this project, (for which a dispute resolution procedure is not otherwise mandated by the main Contract), shall be decided by litigation in the Superior Court of King County, State of Washington. Such proceeding shall be governed by the laws of the State of Washington, except for the provisions governing conflict of laws. Contractor and Subcontractor shall arbitrate any disputes pursuant to the rules governing mandatory arbitration in King County, Washington, notwithstanding any jurisdictional limits on arbitration, at the sole discretion of Contractor. In any such dispute between Contractor and Subcontractor, the prevailing party shall be awarded its reasonable attorney s fees, expert fees, consultant fees, and any other costs incurred by the prevailing party as a direct or consequential result of such dispute.

6 Page 6 of 12 Mediation: As a condition precedent to the filing of any lawsuit under this provision, the parties to this Subcontract shall submit any and all disputed between them to non-binding mediation with the assistance of an experienced mediator. The parties shall each designate a representative with full authority to settle such claim who will participate for at least four (4) hours in the mediation. The parties shall bear equally all expenses, exclusive of fees charged by that party s attorneys, experts, or other litigation-related or dispute-related consultants, associated with the mediation. Subcontractor agrees to be bound by the procedure and final determinations as specified in any such Dispute clause, and agrees that it will not take and will suspend any other action or actions with respect to any such claims and will pursue no independent litigation with respect thereto, pending final determination under such Dispute clause. Subcontractor shall not be entitled to receive any greater amount from Contractor than Contractor is entitled to and actually does receive from the Owner on account of Subcontractor s work, less any markups or costs incurred by the Contractor and to which Contractor is otherwise entitled; and Subcontractor agrees that it will accept such amount, if any, received by Contractor from Owner as full satisfaction and discharge of all claims for or on account of acts or omissions of the Owner or his Engineer/Architect or Agent. Subcontractor shall be bound by Contractor s determination, made in good faith, as to apportionment of any amounts received from Owner for claimants, including Contractor and other Subcontractors, whose work is affected by any act or omission of the Owner or his Engineer/Architect or Agent. Should a dispute as to the proper interpretation of this Subcontract or work or material performed or furnished thereunder, arise which concerns the parties hereto only, or Subcontractor and other Subcontractors, but not the Owner or his Engineer/Architect or Agent, the same shall be decided by Contractor whose decision thereon shall be final and conclusive. The Subcontractor shall proceed diligently with the work, pending final determination pursuant to any disputes clause or pursuant to any other action taken with respect to a claim or claims. INSURANCE: Subcontractor shall purchase and maintain such insurance as will protect it from the claims set forth below which may arise out of or result from Subcontractor s operations and completed operations under this agreement whether such operations be by itself or by any sub-subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: a. Claims under worker s compensation, disability benefit and other similar employee benefit acts that are applicable to the work to be performed. b. Claims for such damages because of bodily injury, occupational sickness or disease, or death of its employees under any applicable employer s liability law. c. Claims for damaged because of bodily injury or death of any person other than its employees. d. Claims for damaged insured by usual personal injury liability coverage. e. Claims for damages because of injury or to destruction of tangible property, including loss of use therefrom. f. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. g. Claims involving contractual liability applicable to subcontractor obligations under the General Provisions and Indemnification Addendum of this agreement. Coverage forms a. Subcontractor s General Liability insurance shall be written on an industry standard Commercial General Liability Occurrence form (CG or equivalent) and shall include the following coverage extensions: Stop Gap Liability Per Project Aggregate Endorsement (CG 2503 or equivalent) Waiver of Subrogation in favor of Contractor and Owner (CG 2404 or equivalent) In addition, Contractor and Owner shall be named as additional insureds (form CG /85 or equivalent) with respect to work performed by or for the Subcontractor on behalf of the Contractor. The form shall reflect the additional insured status of the Contractor and Owner as respect to products and completed operations coverages. Subcontractor s general liability insurance shall be primary as respect to Contractor and Owner, and any other insurance maintained by Contractor

7 Page 7 of 12 and Owner shall be excess and not contributing insurance with Subcontractor s insurance. Subcontractor shall maintain completed operations liability insurance for a period of twenty-four months following completion of Subcontractor s work. b. Subcontractor s Auto Liability insurance shall be written on an industry standard Business Auto Liability policy form. Auto liability insurance to include owner, leased, non-owner, and hired car coverage. c. Subcontractor s Workers Compensation insurance shall be written on an industry standard Workers Compensation and Employers Liability policy firm (WC ), where applicable. In the State of Washington, Subcontractors shall secure its liability for industrial injury to its employees in accordance with the provisions of Title 51 of the Revised Code of Washington. Any Subcontractor or sub-subcontractor or employer qualified as a self-insured in accordance with Chapter of the Revised Code of Washington shall so certify by a letter signed by a corporate officer setting forth the limits of any policy if excess insurance covering their employees. Subcontractor shall be responsible for confirming compliance of all sub-subcontractors with this provision. d. Umbrella or Excess Liability Coverage. Subcontractor shall maintain umbrella or excess liability insurance, on an occurrence basis, that applies excess of required commercial general liability, business auto liability and employers liability policies. These limits shall be in addition to and not including those stated for underlying commercial general liability, business auto liability and employer s liability insurance. Such policies shall name Contractor and Owner as additional insureds. Subcontractor s Liability insurance, as required by contract shall be written for not less than the following limits of liability: Worker s Compensation Statutory Bodily Injury by Accident or Disease Employer s Liability $1,000,000 Bodily Injury by Accident Each Accident $1,000,000 Bodily Injury by Disease Policy Limit $1,000,000 Bodily Injury by Disease Each Employee General Liability Bodily Injury, Personal Injury, and Property Damage $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal Injury $1,000,000 Each Occurrence Stop Gap Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Automobile Liability $1,000,000 Bodily Injury and Property Damage Per Accident Excess or Umbrella Liability $1,000,000 Bodily Injury and Property Damage Per Occurrence $1,000,000 Bodily Injury and Property Damage Aggregate Certificates of Insurance and Additional Insured endorsements evidencing the above coverages shall be filed with the Contractor within 5 working days of award of Subcontract and prior to commencement of the work. Such certificated shall show that Contractor and Owner have been named as primary additional insureds on the general liability, auto liability, and excess liability policies and clearly show that such policies provide primary coverage with respect to Contractor and Owner. In addition, such certificates shall provide Contractor with 45 days notice in case of cancellation or non-renewal, except 10 days for non-payment of premium. All Insurance Companies shall have a Best s Rating of A-VII or better. Contractor does not represent that coverage and limits required in this agreement will necessarily be adequate to protect Subcontractor and such coverage and limits shall not be deemed as a limitation on Subcontractors liability under the indemnities granted to Contractor in this agreement.

8 Page 8 of 12 SIGNING AUTHORITY: Only the CEO, Vice President, or Senior Project Managers may execute Subcontract Agreements. The Chief Financial Officer or CEO will execute all Joint Check Agreements. Project Managers will execute all Change Orders and Subcontract Modifications. SUBMITTALS: All required Submittal Shop Drawings, Data Sheets and Samples as required by the project Plans, Specifications and Addenda, must be submitted within fifteen (15) calendar days of receipt of this Contract. reserves the right to void and cancel this Contract Agreement if submittals are not received within 15 days. One sepia and six bluelines will be required for all Shop Drawing Submittals. Six copies of all Manufacturers Literature will be required for Submittals. PAYMENT: Billings will be based on a monthly period and it is essential receive your billing no later than the 20 th day of the month, projected through the end of the month using the attached Subcontractor Application For Payment. The application for payment must be signed, notarized, and the original delivered to our main office along with your invoice. A list of Suppliers and Subcontractors must be submitted to our office using the attached Material Supplier/Subcontractor Tier Schedule. This information must be received by our office prior to any monthly billing vouchers being processed. Contractor reserves the right to withhold payments if required submittal literature, shop drawings, samples, manuals, as-built drawings, reports, insurance certificates, safety compliance documentation, Labor and Industries compliance/premiums, and similar documents have not been submitted and approved, or if Subcontractor is behind schedule, or for any material breach of Subcontractor s obligations under this Agreement. CLEANUP: Subcontractor shall clean up daily and dispose of off site, all refuse and debris caused by or resulting from Subcontractor s operations during the progress of its work, and, upon completion of its work, Subcontractor shall promptly remove all excess materials, tools, equipment, and plant which have been brought on the project by Subcontractor. In the event of the failure of Subcontractor to do any of the foregoing, Contractor, after giving twenty-four (24) hours notice to Subcontractor, may proceed to do so at the expense of Subcontractor. CLOSE-OUT: All Contract Close-Out Data for your scope of work (including warranties, extra material, maintenance data, as-builts, etc.) must be submitted to our Main Office prior to your final progress payment. Please refer to the project specifications for specific requirements. TESTING, INSPECTIONS, AND CERTIFICATIONS: Testing, inspections, and certifications as required by the Specifications, are a part of this Contract. NON-ENGLISH SPEAKING EMPLOYEES: Subcontractor shall identify to in writing any individual or individuals who are brought to the project site by Subcontractor and are unable to verbally communicate in English and/or who may be unable to understand verbal or written communication directed to that individual in English. In addition, Subcontractor shall provide and identify to in writing another individual who will be the Subcontractor s representative and responsible to provide all language translation necessary to communicate with the non-english speaking personnel brought to the project site by the Subcontractor. The designated translator shall be present at the project site 100% of such time that non-english speaking Subcontractor personnel are present at the project site. TIER SUBCONTRACTORS/SUPPLIERS: A complete and accurate listing of Subcontractor s tier subcontractors and suppliers will be furnished to, Inc. At time of subcontract execution. All tier subcontractors and suppliers will be held liable to all subcontract requirements including, but not limited to, the following: current worker s compensation and employer s liability insurance as required by General Contractor or by law; Labor and Industries Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid; complete and accurate certified payroll reports; all safety and health requirements; and all close out requirements per the Contract Documents. BACK CHARGE PROCEDURE: The following procedure will take place for Back Charge Notices: a. At the time of the Back Charge, a Back Charge Notice will be issued by to the responsible party. b. The Back Charge is to be finalized, prior to payment release, by both and the Supplier/Subcontractor.

9 Page 9 of 12 LONG LEAD MATERIAL/EQUIPMENT: must be notified within 5 days from the receipt of this notice if there is any long lead Material or Equipment deliveries that may impact the schedule. OWNER FURNISHED ITEM INSTALLATION: If your Scope of Work includes the installation of items furnished by the Owner, you must notify of the delivery date required within 10 working days after the receipt of this notice so can coordinate scheduling with the Owner. WEEKLY MEETINGS: Subcontractors shall have a competent, qualified representative attend required weekly coordination meetings. VISITORS: Visitors shall be defined as any non-employees, non-subcontractors, non-subcontractor employees, OSHA & WISHA inspectors, state, city and county inspectors, inspectors from any other entities, auditors, customer s employees and agents. 1. Superintendents will have each visitor sign in and go through safety orientation before going on the jobsite. 2. The visitor will sign the orientation form. 3. Any visitor violating safety requirements will be asked to leave the jobsite. SAFETY: In order to maintain a safe working environment for all employees, subcontractors, and any visitors to a jobsite, requires that all personnel on the jobsite adhere to the following policies. It is mandatory that anyone employed by the subcontractor, including tier subcontractors, follow all federal, state, and safety rules and regulations. Prior to any action taken against a subcontractor and/or their employees, the superintendent and/or project manager will review the circumstances, establish cause and make determination. Any flagrant or repetitive violation will result in immediate expulsion from the jobsite. It is the Subcontractor s responsibility to understand that failure to observe safety measures may result in the following: For employees a non-willful or minor safety infraction may result in up to a one day layoff without pay; repeated infractions or willful disregard of safety instructions or programs, will be the cause of immediate dismissal from the jobsite of the employee or employees guilty of infraction. Subcontractor personnel are bound by their contract to observe all parts of the safety program and are subject to the same provisions of enforcement as outlined herein. Subcontractor personnel must be removed from the jobsite immediately upon request by the Contractor or Owner. It is the responsibility of all contractors, subcontractors, lower tier subcontractors and all employees: 1. As a part of this Subcontract, your firm accepts full responsibility for compliance with any and all safety requirements as required by the Department of Labor and Industries, OSHA or WISHA. Your firm is to supply main office with a copy of your company s written Safety Program and Fall Protection Plan prior to commencement of work on any jobsite. will NOT accept the monitor system for Fall Protection. 2. Prior to commencement of work a written, job specific, safety plan must be on site. Identify in writing employee responsible for safety. 3. Submit documentation that all subcontractors employees have received a safety orientation, per the subcontractor s written Safety Program, to s on-site supervisor. 4. To provide with written documentation that anyone operating any mechanical equipment (i.e. forklift, boom truck, and scissor lift) on site has been properly trained in accordance with Federal and State requirements. 5. Subcontractors and lower tier subcontractors must supply s superintendent with site specific job hazard analysis forms (JHA) prior to commencement of any work. These JHA s will be reviewed at the weekly safety meetings. 6. To comply with all applicable work and safety standards of, local, state, and Federal Safety and Health Requirement Manuals. 7. Minimum dress code requirements of will be long pants, shirts with minimum 4 sleeves, and appropriate leatherwork shoes/boots (athletic sports shoes; canvas shoes, high heel and open toed shoes are not acceptable). 8. To promote a drug-free work place under provisions of Public Law To prevent interruption of the construction schedule or the interruption of the usage of the facility. 10. All employees of subcontractors and lower tier subcontractors are to participate in s weekly safety meetings.

10 Page 10 of Subcontractors and lower tier subcontractors shall see that the site is maintained in a clean and orderly manner and that all safety hazards are reported and corrected immediately. 12. It is the responsibility of the contractor and subcontractor to see that workers are apprised of any anticipated hazards and that the rules and safety equipment required are supplied and used. 13. To wear the protective equipment required for each segment of the work. This equipment will be made available to the appropriate employees by their employer and its use will be mandatory when necessitated by hazardous working conditions. The entire job site will be designed a HARD HAT AREA. 14. Hard hats will be required by any and all persons who are on a project at all times. 15. Failure to comply with the HardHat policy will result in the person being asked to comply or leave the site, and their employer will be notified. 16. Field supervisors shall be responsible for enforcing safety policies. 17. To report all accidents or injuries to the subcontractor s supervisor and s superintendent immediately. 18. To make sure that all superintendents and foremen on site shall have current First Aid and CPR cards or be currently enrolled in a First Aid class. INDEMNIFICATION FOR SAFTEY VIOLATIONS General Contractor and Subcontractor recognize their duties, responsibilities and obligations to provide a safe and healthy jobsite inclusive of all common work areas. In recognition of the foregoing, and in order to promote worker safety it is agreed: Subcontractor and all of its lower tier Subcontractors shall take all reasonable precautions pertaining to their work and the performance of their work, including but not limited to full and complete compliance with all applicable laws, ordinances, rules, regulations and orders issued by any public authority or governmental body, whether federal, state, local, or OSHA/WISHA and in addition thereto, to full and complete compliance with any safety measures required or requested by General Contractor. Subcontractor shall at all times be fully responsible for the safety of its employees and for the performance of its work and the safety of all employees, personnel, equipment, and materials within Subcontractor s or it s lower tier Subcontractor s care, custody or control. Subcontractor and it s lower tier Subcontractors shall provide to their employees all safety equipment required to perform the work and ensure that all employees, at all times, have and wear personal protective equipment in compliance with applicable state and/or federal requirements and General Contractor s job safety rules. The Subcontractor maintains and agrees to maintain a written accident prevention plan and develop and implement a written site specific safety plan in full compliance with all federal, state, OSHA/WISHA rules and regulations. Subcontractor acknowledges that its Accident Prevention Plan defines its role and responsibilities pertaining to safety; includes all necessary training and corrective action and is tailored to the safety and health requirements of the operations and work that may be involved. The Subcontractor s Site Specific Plan shall identify anticipated hazards and the means that will be used to address each of such hazards with respect to the work involved. Subcontractor shall have and enforce a disciplinary action schedule conditioned upon the occurrence of any safety violations being discovered, which schedule should vary depending upon the severity of the violations. Whenever requested by General Contractor, Subcontractor shall provide all necessary and pertinent information regarding any and all safety matters and violations to General Contractor. In the event Subcontractor does not promptly correct any safety violation, General Contractor may order Subcontractor to cease all operations on the jobsite until all violations are corrected, in the event Subcontractor fails to do so, General Contractor may correct the violations and charge all costs of compliance to Subcontractor, including attorney s fees, expert fees, consultant fees, and all other costs incurred by Contractor as a direct or consequential result of such violation. Subcontractor agrees to defend, reimburse, indemnify and hold General Contractor harmless from all OSHA/WISHA claims, demands, proceedings, violations, penalties, assessments or fines that arise out of or relate to Subcontractor s failure to comply with any such safety related laws, ordinances, rules, regulations, orders or obligations. General Contractor may charge against the sums otherwise owing to Subcontractor the amount of any and all such fines, fees, costs and expenses incurred by General Contractor due to claims, citations or fines assessed by Subcontractor or its lower tier Subcontractors, including attorney s fees, expert fees, consultant fees and all other costs incurred by Contractor as a direct or consequential result of such claims, demands, proceedings, violations, penalties, assessments, or fines. Subcontractor agrees, in accordance with General Contractor s directives to submit for General Contractor s review its written accident prevention plan and jobsite specific safety plan. Such submittal shall be an express condition precedent both to Subcontractor s right to commence performance and its right to receive compensation. Any delays caused to General Contractor or the project due to Subcontractor s failure to comply with these provisions shall subject Subcontractor to any and all damages incurred by General

11 Page 11 of 12 Contractor or other affected parties, including attorney s fees, expert fees, consultant fees and all other costs incurred by Contractor as a direct or consequential result of such delays. Subcontractor agrees to defend, reimburse, indemnify and hold General Contractor harmless from any and all claims, demands, loses and liabilities to or by third parties arising from or connected with services performed or to be performed under this subcontract by Subcontractor, its agents or employees to the fullest extent permitted by law and subject to the limitations provided below, including attorney s fees, expert fees, consultant fees, and all other costs incurred by the Contractor as a direct or consequential result of such claims, demands, losses, and liabilities. Subcontractor' duty to indemnify General Contractor shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Contractor or its agents or employees. Subcontractor' duty to indemnify General Contractor for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) General Contractor or its agents or employees and (b) Subcontractor or its agents or employees shall apply only to the extent of negligence of Subcontractor or its agents or employees. Subcontractor specifically and expressly waives any immunity that may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. Further, the indemnification obligation under this subcontract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under Workers Compensation Acts, Disability Benefits Acts or other employee benefits acts; provided Subcontractor s waiver of immunity by the provisions of this paragraph extends only to claims against Subcontractor by General Contractor and does not include, or extend to, any claims by Subcontractor s employees directly against Subcontractor. Subcontractor s duty to indemnify General Contractor for liabilities or losses other than for bodily injury to persons or damage to property shall apply only to the extent of the fault of the Subcontractor or its agents or employees, sub-subcontractors or suppliers of any tier, except in situations where fault is not a requirement for liability, in which case indemnity will be provided to the extent the liability or loss was caused by Subcontractor or its agents or employees, sub-subcontractors or suppliers of any tier. SUBCONTRACTOR AND GENERAL CONTRACTOR CERTIFY THAT THIS INDEMNIFICATION AGREEMENT AND WAIVER OF SUBCONTRACTOR S INDEMNIFICATION AGREEMENT AND WAIVER OF SUBCONTRACTOR S IMMUNITY UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW, WAS MUTUALLY NEGOTIATED BY THE PARTIES.

12 Page 12 of 12 INDEMNIFICATION ADDENDUM (hereinafter Subcontractor) agrees to defend, reimburse, indemnify and hold Gibraltar Maintenance and Construction, INC, DBA (hereinafter Contractor) harmless from any and all claims, demands, losses and liabilities to or by third parties rising from, resulting from or connected with services performed or to be performed under this Subcontract by Subcontractor or Subcontractor s agents or employees to the fullest extent permitted by law and subject to the limitations provided below. Subcontractor s duty to indemnify Contractor shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Contractor or Contractor s agent or employees. Subcontractor s duty to indemnify Contractor from liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) Contractor or Contractor s agents or employees, and (b) Subcontractor or Subcontractor s agents or employees, shall apply only to the extent of negligence of Subcontractor or Subcontractor s agents or employees. Subcontractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. Further, the indemnification obligation under this Subcontract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers compensation acts, disability benefits acts, or other employee benefits acts; provided Subcontractor s waiver of immunity by the provisions of this paragraph extends only to claims against Subcontractor by Contractor, and does not include, or extend to, any claims by Subcontractor s employees directly against Subcontractor. Subcontractor s duty to defend, reimburse, indemnify and hold Contractor harmless shall include, as to all claims, demands, losses and liability to which it applies, Contractor s personnel-related costs, reasonable attorney s fees, court costs and all other claimrelated expenses. THE UNDERSIGNED HEREBY CERTIFY THAT THIS ADDENDUM WAS MUTUALLY NEGOTIATED. CONTRACTOR SUBCONTRACTOR By: Signature By: Signature Print Name: Title: Date: Print Name: Title: Date: Address: 13 Central Way, Suite D Kirkland, Washington Address:

13 Insurance Requirements *Forward this document to your Insurance Agent to ensure Avara s requirements are met, and so we can execute your contract and clear you to start working in a timely manner. All subcontractors must provide proof of insurance for the following: General Liability See attached certificate sample for minimum requirements. All General Liability certificates must name the certificate holder (, Inc) and the Project Owner as Additional Insured as well as include the Job name and Job #. Automobile Liability See attached certificate sample for minimum requirements. Auto insurance should be marked as Any Auto. Workers Compensation/Employers Liability See attached certificate sample for minimum requirements. Require Endorsements that must be included with the Certificate of Insurance: 1. Additional Insured endorsement An Additional Insured Endorsement must also be attached. Your insurance company may use their own Additional Insured Endorsement form including coverage for liability arising out of your work for ongoing and completed operations. Some acceptable endorsements include: CG or; CG plus CG or; you may a copy of your COI and Additional Insured endorsement for compliance review. 2. Waiver of Subrogation in favor of, Inc and Project Owner 3. Primary of Non-Contributory Other Requirements: 1. Coverage must include Products and On-Going Operations and Completed Operations. 2. A subcontractor will not be allowed to start work at the jobsite until all insurance requirements are met and your contact has been executed. 3. A notice of cancellation or reduction in coverage must be sent within at least 20 days written notice by registered mail. AVARA INSURANCE REQUIREMENTS - FINAL/1

14 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) MM/DD/YY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Broker Name Address City, State, Zip INSURED Subcontractor Name Address City, State, Zip CONTACT NAME: PHONE (A/C, No, Ext): FAX (A/C, No): ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: General Liability Insurer INSURER B: Auto Liability Insurer INSURER C: Excess Liability Insurer (if Required) INSURER D: Stop Gap Insurer INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YY) POLICY EXPI (MM/DD/YY) X X GL MM/DD/YY MM/DD/YY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS MADE X OCCUR MED EXP (Any one person) $ LIMITS PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT LOC $ B AUTOMOBILE LIABILITY AL MM/DD/YY MM/DD/YY COMBINED SINGLE LIMIT (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS AUTOS $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) $ $ $ 1,000,000 C D x UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMS MADE X X EX **IF REQUIRED MM/DD/YY MM/DD/YY EACH OCCURRENCE $ AS REQUIRED AGGREGATE $ BY CONTRACT DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OTHER WC STATU- X SG MM/DD/YY MM/DD/YY TORY LIMITS X OTH- ER $ 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Job Name and Number (if applicable) Contractor, Owner, and others as required by written contract are named as additional insured, including completed operations. This insurance is primary and non-contributory in relation to coverage carried by the additional insureds. A Waiver of Subrogation exists in favor of the additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AVARA INSURANCE REQUIREMENTS - FINAL/2

15 Subcontractor Onboarding and Payment Instructions We are glad you have decided to subcontract with and are looking forward to working with you. At Avara, we value our subcontractor network as one of our most important resources. We believe that strong partnerships with all of our trade specialists yields greater success for all members of our team. As a result, we have prepared this packet to help you understand how to provide billing to our company. Simply, the more quickly you can provide accurate and complete billing; the more quickly we can get you paid. The following checklist must be on file to be able to work for, and bill to, : Master Subcontract Agreement W-9 Certificates of Insurance for Project-Specific Certificates of Insurance Billing Instructions All projects must be invoiced separately. No invoice may include charges for multiple projects. All invoices must include a PO in the form of an Avara- issued Project Number or Purchase Order number. Invoices that do not have the correct PO will be rejected and will not be approved until a corrected invoice has been issued. Invoices must be received by the 20 th of the month the work is being completed to be processed and paid on the 10 th of the following month. Invoices not received by the 20 th may not be processed until the next pay period. We pay our subcontractors after we ve been paid from our owner. Our contracts are typically written to require payment from our ownership groups by the 7 th of every month. In some cases, the owner s billing effort is represented through a banking relationship, or special conditions have been allowed per the owner s request. We will do the best we can to represent anything outside of our normal pay period to you. All projects for which monthly progress billings are required must be accompanied by the Progress Payment Application (included, or download separately from our website) documenting the billing history per project. All projects for which monthly progress billings are required must be accompanied by a progress (conditional) Lien Waiver for the net amount billed (included, or download separately from our website). Please direct all billing inquiries to Accounting at Please do not contact the Project Managers with questions regarding payment of your invoice. Please submit all invoices via mail to: 13 Central Way, Suite D Kirkland, WA 98033

16 The following must be included in each progress billing: 1) Invoice for the total amount of the progress billing generated by your accounting system with a unique invoice number 2) Progress Payment Application Spreadsheet that includes historical billing information 3) Progress (conditional) Lien Waiver for the net amount billed (excluding retention) 4) Final Lien Waiver from previous pay application period (and also to be submitted at project completion for withheld retention). Frequently Asked Questions: Question: How do I make sure I get paid on time? Answer: First, please make sure you have your billing in to us no later than the 20th of each month for which you'd like to be paid. Please make sure your invoice is complete, detailed, and contains either a Purchase Order #, or a subcontract and Pay Application with Job Number. All invoices must have a PO or a Pay-App and Job Number to be processed. If the project manager has any questions, they will contact you directly with any specific concerns about your invoice. It's unusual, but if you haven't been paid please make sure that we know. Mail sometimes goes missing, or otherwise gets lost. For our regular vendors, please feel free to send us monthly statements to be sure we've received all of your billings. We want to get you paid on time! Question: How do I bid for Avara? Do I have to be prequalified? Answer: In order to serve our clients' specific needs, we select our subcontractors specifically as they align with our clients and project needs. We use a preferred network for most of our work, so that we can qualify the work for our clients. We currently push projects out to very specific lists meeting certain project criteria. If you are interested in bidding our work, please Alissa Himmelman at ahimmelman@avaraconstruction.com and we can start the interview process. Question: How can I be highest-considered for a project? Answer: Many of our projects are fast-paced, demanding, and complicated. In addition, our clients are often in a hurry to have their space built, and many of the systems are design-build in nature. As a result: 1. Always look for opportunities to value-engineer a proposed system. Provide a base-bid with listed deductive alternates (or adds) for value engineering or better/proposed systems, wherever possible. Cost savings to the owner are always greatly appreciated, and help us all win.

17 2. Notify Avara immediately should you notice any conflicts between the drawings/specs/clarifications, or any quality concerns. In addition, please inform the project manager if you have any questions which come up during your review. 3. Always review thoroughly any clarifications which are provided. 4. Always bid per the drawings/specs/clarifications. Question: What is the monthly billing cut-off date and payables cycle? Answer: All subcontractor billings must be submitted by the 20 th of each month for the month the work was completed. Anything received after this date will be included in the following month s owner draws. Avara submits billing to our clients on the last day of each month, and we pay our subcontractors on the 10 th of the following month. Question: What are Avara s safety requirements? Answer: Avara requires all of its subcontractors to be fully compliant with all Federal and State OSHA requirements, and any other trade-specific requirements such as NEC, JCAHO, or NFPA. In addition, each subcontractor is required to understand the Avara and site-specific safety programs, which are outlined during preconstruction. Question: What are Avara s insurance requirements? Answer: Please see attachment enclosed herein.