Parkland Spanaway Storm Replacement

Contract Documents Project Manual

October 7, 2026

Architect:

Starling Whitehead & Lux Architects

Parkland Spanaway Storm Replacement Pierce County Library System

13718 Pacific Ave. S, Tacoma, WA 98444

Contract Documents

Project Manual

SPECIFICATION DIVISIONS 0 THROUGH 32

October 7, 2026

Owner:

3005 112th St..

Tacoma, WA, 98446

Contact: Gabe Johnson 253-230-9204

Architects:

Starling Whitehead & Lux Architects

901 Fifth Ave. No. 3100 Seattle, WA 98164

Contact: Stephen J. Starling, AIA, Principal: 206-812-0419

PARKLAND SPANAWAY STORM REPLACEMENT

00 0110

TABLE OF CONTENTS

10/07/2026 00 0110 - 1

SECTION 00 0110 - TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

REQUEST FOR BIDS

SPECIFICATIONS

DIVISION 01 -- GENERAL REQUIREMENTS

01 1000 - Summary

01 2500 – Substitution Procedures

01 3000 - Administrative Requirements

01 3216 - Construction Progress Schedule

01 5000 – Temporary Facilities and Controls

01 5639 – Temporary Tree and Plant Protection

01 6000 – Product Requirements

01 7000 – Execution Requirements

01 7800 – Closeout Submittals & Procedures

DIVISION 02 -- EXISTING CONDITIONS

02 4100 - Site Demolition

DIVISION 03 -- CONCRETE

03 3000 - Cast-in-Place Concrete

DIVISION 05 -- METALS

05 5000 - Metal Fabrications

DIVISION 26 -- ELECTRICAL

26 0000 - Electrical General Conditions

26 0005 - Electrical - Existing Systems

26 0010 - Excavation and Backfill for Electrical Underground Utilities

26 0519 - Wires and Cables

26 0526 - Grounding

26 0532 - Outlet and Pull Boxes

26 0533 - Raceway

26 3613 - 3-way Manual Transfer Switch

DIVISION 31 -- EARTHWORK

31 1000 - Earthwork

31 1100 - Clearing and Grubbing

DIVISION 32 -- EXTERIOR IMPROVEMENTS

00 0110

TABLE OF CONTENTS

10/07/2026 00 0110 - 2

32 1216 - Asphalt Concrete Pavement

32 1613 - Cement Concrete Paving

32 1723 - Pavement Markings and Signage

32 8400 - Irrigation

32 9000 - Planting

32 9433 - Bioretention Cells

DIVISION 33 -- UTILITIES

33 4000 - Storm Drainage

APPENDIX A - DRAINAGE REPORT

Pierce County Libraries - Parkland Stormwater Upgrade - Drainage Report

Appendices excluded for brevity

APPENDIX B - PHASE 1 ENVIRONMENTAL SITE ASSESSMENT

Pierce County Libraries - Parkland Branch Library Property

Appendices excluded for brevity

APPENDIX C – INADVERTANT DISCOVERY PLAN

Plan and Procedures for the Unanticipated Discover of Cultural Resources and Human Skeletal Remains

END OF SECTION

REQUEST FOR BID (RFB)

For

PARKLAND LIBRARY STORM REPLACEMENT PROJECT

Contents

Part 1: Introduction

Part 2: Instructions To Bidders

Part 3: Contract Terms and Conditions

Part 4: Statement of Library Responsibilities

Part 5: Specifications, Drawings, and Other Documents

Part 6: Performance

Part 7: Administrative Requirements

Part 8: Payment Schedule

FORMS – TO BE SUBMITTED AT BID

BID FORM

SUBCONTRACTOR LIST

BID BOND – AIA FORM A310-2010

SUBSTITUTION REQUEST FORM (IF APPLICABLE)

CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES

STATEMENT OF BIDDER’S QUALIFICATIONS

APPENDIX

Drainage report dated August 13, 2026

Phase 1 Environmental Site Assessment dated July 3, 2025

Inadvertent Discovery Plan dated September 28, 2026

DRAWINGS

SEE SHEET T1.00 OF PARKLAND LIBRARY STORM REPLACEMENT PROJECT BID SET FOR DRAWING INDEX

PART 1: INTRODUCTION

The Pierce County Library System (“Library”) is a junior taxing district under the laws of the State of

Washington established in 1946 as a rural library district under chapter 27.12 RCW. The Library provides library services for the residents of unincorporated Pierce County, 15 annexed cities and towns (Bonney

Lake, Buckley, DuPont, Eatonville, Edgewood, Fife, Gig Harbor, Lakewood, Milton, Orting, South Prairie, Steilacoom, Sumner, University Place, and Wilkeson). The total estimated population served is 680,000.

More information about the Library may be found online at www.mypcls.org.

Thank you for your interest in proposing on the PARKLAND LIBRARY STORM REPLACEMENT PROJECT. The purpose of this RFB is for removal of existing stormwater system and replacement with a new system, including bioretention facility, storm drainage inlet, conveyance piping, and pump station, located at

13718 Pacific Ave. S, Tacoma, Washington, 98444. Development will require the replacement and reconfiguration of the parcel's western parking lot, including associated asphalt paving, concrete curbing, concrete sidewalks, ADA stalls, and landscaping. Construction shall be governed by all conditions as indicated in the construction drawings and specifications listed above and per attached, including all labor, materials, equipment, and services required to complete the project. The Work shall be constructed in accordance with applicable federal, state, and local codes and regulations.

Goals

The proposed project intends to amend the existing drainage system by conveying runoff from the project area to a new bioretention system which will infiltrate into the native subgrade and groundwater table.

In order to maintain a minimum 5’ separation between the bottom of the proposed bioretention system and the seasonally high groundwater table, the project will require a new pump station to convey runoff from the stormwater collection infrastructure to an upwell structure in the new bioretention system. The updates to the stormwater system will include a new storm drainage inlet, new PVC conveyance piping, a new stormwater pump station, in addition to the bioretention system.

Estimated base bid range: $750,000 to $830,000.

The Work shall be constructed in accordance with the Contract Documents and all applicable federal, state, and local codes and regulations.

The Library encourages qualified proposals from minority- and women-owned businesses. Resources to assist such proposers can be found at https://omwbe.wa.gov the website for the Washington State Office of Minority & Women’s Business Enterprises.

ESTIMATED TIMELINE (ALL TIMES LISTED AT LOCAL TIME)

RFB Announcement ............................................................October 7, 2026 (estimated)

Site Walk……………………………………………………………………………. October 14, 2026, 10:00am PST

Questions & Substitution Requests Due……………………………… October 21, 2026, 5:00pm PST

Question & Substitution Request Response Due…………………. October 23, 2026, 5:00pm PST

RFB Due to Bonfire Electronic Bid Site ..................................October 28, 2026, 2:00pm PST

RFB Opening ......................................................................October 28, 2026, 2:15pm PST

Notice of Intent to Award ...................................................November 6, 2026 (estimated)

Notice of Award .................................................................November 13, 2026 (estimated)

Schedule for work: The contractor is expected to complete the entire project within a specified timeframe. No construction work may commence until all required permits have been issued by Pierce

County.

Contract Time: Substantially complete all work under contract 120 days after the date of Notice to

Proceed.

Contractor work hours may be Monday to Sunday between 7 AM to 6 PM, provided that such hours are in conformance with City of Tacoma construction rules. The contractor and Library will coordinate any closures for power or other utility shutdowns. Work outside of these hours must be coordinated and approved by the Library with a five (5) calendar day notice.

PART 2: INSTRUCTIONS TO BIDDERS

A. AVAILABILITY: Contractors may obtain plans and specifications from the Public Procurement Portal

Bonfire at https://mrscrosters.bonfirehub.com/opportunities/252061

B. QUESTIONS ABOUT THE RFB: It is the responsibility of all bidders to carefully review and read the entire RFB and understand all terms, conditions, processes, and methods for responding to this RFB.

All questions about this RFB must be submitted via the project’s electronic bidding portal, at https://mrscrosters.bonfirehub.com/opportunities/252061. Oral explanations or instructions given before the award of the Agreement will not be binding. Any information that is different from what is provided in this RFB and given to a prospective bidder concerning this RFB will be furnished to all other prospective bidders as an amendment to the solicitation. The Library reserves the right to share answers with other bidders, if such information is necessary to bidders in submitting proposals on the solicitation or if the lack of such information would be prejudicial to uninformed bidders. All questions must be submitted by 5:00 pm PST, October 21, 2026

C. SUBSTITUTIONS: Provide any proposed material to the Library, in writing, for review by 5:00pm PST, October 21, 2026. No substitutions will be accepted after the substitution request deadline has passed. Use the attached Substitution Request Form to submit request for substitutions.

D. SITE VISITS: Site Visit to be conducted on October 14, 2026, at 10:00am PST. All Bidders are responsible for carefully reviewing and acquainting themselves with the site conditions prior to bidding. The Phase 1 Environmental Site Assessment dated July 3, 2025 and Drainage report dated

August 13, 2026, are attached in the RFB.

E. ACKNOWLEDGEMENT OF ADDENDA TO RFBS: Bidders to the RFB must acknowledge receipt of any addenda by signing the bid form. Such acknowledgment must be received prior to bid opening.

F. BID SUBMISSION:

Submit Online at Public Procurement Portal Bonfire:

https://mrscrosters.bonfirehub.com/opportunities/252061

For Bonfire Vendor Support please visit https:/procurement-help.eunasolutions.com/hc/en-us.

Vendors can email support.procurement@eunasolutions.com if problems are encountered.

G. SUBMISSION DEADLINE: Sealed bids must be submitted no later than October 28, 2026, by 2:00pm.

Submissions received late may be deemed not responsive and may not be considered, at the Library’s discretion. The Library reserves the right to extend the date of submission and will provide due notice of such date extension. The Library is not responsible for bidders’ network connection delays to the bidding platform.

H. SIGNATURES: A corporate official who has been authorized to make such bid commitments must sign the bid.

I. WITHDRAWAL OR MODIFICATIONS OF BIDS: The bidder may, without prejudice to itself, modify or withdraw its bid by written request, provided that the bid and any request is received by the Library prior to the date of submission above. Following the withdrawal of its bid, the bidder may submit a new bid provided it is received by the Library at the address and by the Date of Submission.

J. REJECTION OF BIDS: The Library reserves the right to reject any and all bids without penalty. Any and all bids may be rejected for any cause.

K. BIDDING PROCEDURES AND FORMS: All bidders must comply with the specifications and requirements attached. To be considered all bids must be signed; bidders may only submit one bid for consideration. Bidders may submit additional information with their bids as desired.

L. VALIDITY OF PRICES: Bidders must confirm in writing that prices quoted will be valid and in effect for a minimum of sixty (60) calendar days after bid opening. When the sum of the base bid plus all additive alternates, if any, is greater than $35,000.00, a bid guarantee in the amount of five percent (5.00%) of the base bid amount is required. Failure of the bidder to provide bid guarantee when required shall render the bid non-responsive. Acceptance form of bid guarantee shall be a bid bond The successful bidder’s bid guarantee will be returned to the successful bidder with its official notice to proceed with the work of the contract.

M. BID OPENING: A virtual public bid opening will be held at approximately 2:15pm PST, October 28, 2026 at:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/266583766539458?p=HY4ddtGtpiqaMLhaYV

Meeting ID: 266 583 766 539 458

Passcode: Rm3az2Ln

Need help? | System reference

Dial in by phone

+1 347-618-4825,,378333255# United States, New York City

Find a local number

Phone conference ID: 378 333 255#

For organizers: Meeting options | Reset dial-in PIN

N. AWARD OF BID: A contract shall be awarded based on price, references, and completion of all aspects of the RFB. The Library reserves the right to waive informalities or irregularities and deviations from the RFB, and to be the final judge as to which bid shall be accepted by the Library. The Library will submit a Notice of Intent to Award to the apparent winning bidder within five (5) business days. Award is anticipated no later than fifteen (15) calendar days of bid closing.

O. PUBLIC DISCLOSURE OF AWARDED BID: All bids will be treated with confidentiality prior to award.

After award of the contract, the bid will fall under the requirement by Washington State law (chapter

42.56 RCW) that obligates the Library to make the document available for public inspection, if requested.

P. BID PROTEST: Should any submitter issue a bid protest, the Library follows Washington State law as provided in RCW 39.04.105. Timing is critical. Please review the law accordingly.

Only bidders that submitted a bid are eligible to protest. After bid opening, protests are limited to issues related to bid opening, evaluation of bids, and intention to award decisions, and are further limited to those items that were not known or could not have been reasonably known prior to bid opening.

Further guidance is available at: https://mrsc.org/explore-topics/procurement/public-works-bidding/bidding-and-award#protests.

Q. CERTIFICATES, LICENSES, AND PERMITS: Bidders acknowledge that upon commencement of term of contract, the awarded contract requires commercial general liability insurance, as provided in the contract terms.

R. RETAINAGE: Bidders acknowledge that the awarded contract, per RCW 60.28.011, the Library will retain funds in the amount of five percent (5.00%) for the duration of the contract, as provided in the contract terms.

S. PREVAILING WAGES: Workers of the awarded contractor, its subcontractors, and its lower tier subcontractors on all Library public work projects, as the term “public work” is defined in RCW

39.040.010, shall be paid the “prevailing rate of wage” including usual benefits, as those terms are defined by chapter 39.12 RCW. It is understood that the awarded contractor is responsible for obtaining and completing all required government forms and submitting them the same to the proper authorities. Upon request, the awarded contractor is required to provide certified payroll to Library showing the payment of prevailing wage. All documentation for Washington State Department of

Labor and Industries (LNI) Intents and Affidavits, including documentation for all subcontractors, will be submitted to LNI prior to final payment and release of retention. Submit Certification of

Compliance with Wage Payment Statutes form with bid package.

T. APPRENTICESHIP UTILIZATION REQUIREMENTS:

Apprenticeship Utilization Requirement

• Contractors and subcontractors must ensure that a minimum percentage of total labor hours are performed by registered apprentices.

• For most Washington State public works projects, this is at least 15% of total labor hours for the project.

Qualified Apprentices

• Must be registered with a Washington State-approved apprenticeship program under chapter

49.04 RCW.

• Out-of-state apprentices must be registered in their home state(s) and recognized by LNI.

Contractor Responsibilities

• Track and report apprentice and journeyman hours monthly to the awarding agency.

• Ensure subcontractors meet the same requirements.

• Maintain records for audit.

Exemptions / Adjustments

• Requests for a reduction or waiver must be submitted in writing to the awarding agency before project completion.

• Waivers may be granted for specialty contractors, lack of available apprentices, or project scope limitations.

Penalties for Non-Compliance

• Failure to meet the required percentage without an approved waiver may result in monetary penalties (often calculated as a percentage of the labor portion of the contract).

• Penalties are collected by the awarding agency or Washington State Department of Labor &

Industries.

Code References

• Chapter 49.04 RCW – Apprenticeship Act

• RCW 39.04.320 – Apprenticeship Utilization Requirements for Public Works

• Chapter 296-05 WAC – Apprenticeship Rules

U. NON-DISCRIMINATION AND WORKPLACE SAFETY: The awarded contractor agrees to abide by all federal, state, and local laws, rules and regulations prohibiting discrimination in employment and the controlling of workplace safety. The awarded contractor shall provide personal protective equipment as required by law. Any violations of applicable laws, rules or regulations may result in termination of the contract.

V. ENVIRONMENTAL PROTECTION: The awarded contractor shall abide by all federal, state, and local laws regarding the protection of the environment. The awarded contractor shall also be responsible for reporting such violations as pertaining to this work to the Library and other applicable agencies upon discovery of such in a timely manner. Any violations of applicable laws, rules or regulations may result in termination of the contract. The awarded contractor shall follow the Plan and Procedures for the Inadvertent Discovery of Cultural Resources and Human Skeletal Remains.

W. FINAL INSPECTION UPON AWARD: Upon Library’s request, any bidder will verify its bid on all existing conditions. The awarded contractor will return to the Library a signed contract, insurance certificate and bond or bond waiver within fifteen (15) calendar days after receipt of contract. If the apparent successful bidder fails to sign all contractual documents or provide the bond and insurance as required or fails to return documents within fifteen (15) calendar days of receipt of the contract, the Library may terminate the award of the contract.

X. CANCELLATION: The Library may cancel this contract or any part thereof by written notice at any time without penalty if the awarded contractor fails to comply with the terms, instructions, specifications, and delivery completion dates, or perform the work with diligence.

Y. CONTRACT ADMINISTRATOR: The administrator of this contract will be Christina Neville-Neil, Library

Facilities Project Manager, and can be contacted at cneville-neil@piercecountylibrary.org.

Z. STATEMENT OF BIDDER’S QUALIFICATIONS: Submit bid qualification criteria under RCW 39.04.350 and must meet the responsibility criteria to be considered.

AA. REFERENCES: List the names and addresses of three (3) customers, for whom the bidder has provided similar services. Include dates, contact persons, and telephone numbers. Should any reference submitted by the bidder be found unsatisfactory, the Library, as its sole option, may reject that bidder’s offer. The Library shall be the sole judge in determining a satisfactory or unsatisfactory reference response. References must be submitted with the bid response.

BB. USE OF TECHNICAL LANGUAGE: Hereon forward, the following terms are used and are defined within their sections or assumed to be known to the parties involved and are capitalized as proper nouns accordingly. Available attributions may be used for succinctness.

• Architect/Engineer or Architecture/Engineering (“A/E”)

• Architect’s Supplemental Instruction (“ASI”)

• Change Order or Contract Change Order or Construction Change Order (“CO”)

• Change Order Proposals or Construction Change Order Proposal (“COP”)

• Contract Documents

• Contract Sum

• Contract Time

• Field Authorization (“FA”)

• Final Acceptance

• Notice of Non-Compliance (“NCC”)

• Notice of Substantial Completion

• Project Record

• Request for Information (“RFI”)

• Schedule of Values

• Substantial Completion

• Work

BID FORM (PAGE 1 OF 5)

Declarations:

The undersigned bidder declares that the Request for Bid has been fully read and fully understand the

Request for Bid and agrees to all terms, conditions, and provisions contained therein. The undersigned proposes and agrees that if the bid as submitted in the proposal is accepted, the contracted firm will perform in accordance with the specifications and proposals. Said price is to include and cover all materials, labor, supervision, overhead, and profit to complete the job to the Library’s satisfaction.

Project Name: Parkland Library Storm Replacement Project

Contractor’s Name:

BID SUBMITTED BY:

Signature of Authorized Representative Firm Name

Printed Name Address

Title City, State, Zip Code

Date Telephone/ Fax Number

Email

State of Washington Contractor’s License No.

Federal Tax ID No.

Base Bid (print dollar amount) ($ amount, do not include WSST)

Trench Excavation Safety Provisions $______________________________________

(Included also in Base Bid)

- Continued -

BID FORM (PAGE 2 OF 5)

Bid Schedule:

Prices for all divisions and any added miscellaneous items, and total amount of bid should be shown. Show prices in figures only (ink or typed). Enter dollars and cents to two decimal points. Where conflict occurs between the division prices and the Base Bid Total, the Base Bid Total will be corrected to conform to the correct sum of all division prices.

Schedule A BASE BID: Perform all work identified within contract documents.

DIVISION DESCRIPTION TOTAL

01 General Conditions $

02 Demolition $

03 Concrete $

05 Metals $

26 Electrical $

31 Earthwork $

32 Exterior Improvements $

33 Utilities $

Trench Excavation Safety Provisions $

Misc: List any additional items here $

Misc: List any additional items here $

Base Bid Total (Do not include sales tax)

- Continued –

BID FORM (PAGE 3 OF 5)

TIME FOR COMPLETION: The undersigned hereby agrees to Substantial Completion of all the work under the base bid within 120 calendar days from issuance of Notice to Proceed, which shall be known as the

Contract Time.

All the Work shall be fully and finally completed in accordance with the contract documents within fourteen (14) calendar days after the date of Substantial Completion, which shall be known as Final

Completion.

LIQUIDATED DAMAGES: The undersigned agrees to pay the Library as liquidated damages the sum of five hundred dollars and no cents ($500.00) for each and consecutive calendar day that is in default after the

Contract Time. Liquidated damages shall be deducted from the contract invoice after taxes and retainage.

The owner reserves the right to recover actual damages in excess of liquidated damages if caused by willful misconduct or abandonment.

RECEIPT OF ADDENDA: Receipt of the following addenda is acknowledged:

Addendum No: ___________________ Addendum No: ____________________

REFERENCES:

1. Company Name

Company Address

Company Phone

Contact Person

Dates

2. Company Name

Company Address

Company Phone

3. Company Name

Company Address

Company Phone

SUBCONTRACTOR LIST (PAGE 4 OF 5)

• SUBMIT WITH BID FORM

Instructions

In accordance with Washington State public work laws (see RCW 39.30.060), every invitation to bid on a prime contract for this project, which is expected to cost more than $1,000,000, shall require each prime contract bidder to submit:

1. At the published bid submittal time, the names of the licensed subcontractors and proof of license with whom the bidder, if awarded the contract, will subcontract for performance of the work of:

HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW;

and electrical as described in chapter 19.28 RCW. Bidder may name itself for the work, if it is licensed to perform the work for which it has named itself.

Errors identified by the Library in the proof of license information must be corrected by the bidder within 48 hours of submission.

2. Within 48 hours after the published bid submittal time (or along with the submittal of the bid), the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of structural steel installation and rebar installation.

The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder’s bid nonresponsive and, therefore, void.

Substitution of a listed subcontractor in furtherance of bid shopping or bid peddling before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the prime contract bidder who executed a contract with the Library and the substituted subcontractor but not from the Library inviting the bid. It is the original subcontractor’s burden to prove by a preponderance of the evidence that bid shopping or bid peddling occurred.

Substitution of a listed subcontractor may be made by the prime contractor for the following reasons:

1. Refusal of the listed subcontractor to sign a contract with the prime contractor;

2. Bankruptcy or insolvency of the listed subcontractor;

3. Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;

4. Inability of the listed subcontractor to obtain the necessary bonding, insurance, or other statutory requirements to perform the work detailed in the contract;

5. Refusal or inability to provide a letter of bondability from a surety company; or

6. The listed subcontractor is barred from participating in the project as a result of a court order or summary judgment.

The most up-to-date version of this requirement can be found at:

https://app.leg.wa.gov/rcw/default.aspx?cite=39.30.060

SUBCONTRACTOR LIST (PAGE 5 OF 5)

Failure to submit this form will render the bid non-responsive.

Project Name: Parkland Library Storm Replacement

Prime Contract Bidder Name (the “Bidder”): __

The Bidder shall provide names of the subcontractors with whom the Bidder will directly subcontract for performance of the following work. If the Bidder intends to perform the work, the Bidder must enter its name for that category of work.

The Bidder shall not list more than one subcontractor for each category of work identified UNLESS subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate.

For any listed category not included in the project, the Bidder may mark ‘Not Applicable’ or ‘N/A’ or leave that category blank, provided the form is signed.

Must be provided at time of bid submittal

Category of Work Firm Name License #

HVAC

Base Bid

Alternate Bid # ( )

Plumbing

Base Bid

Electrical

Must be provided within 48 hours of bid submittal (or at bid submittal)

Category of Work Firm Name License #

Structural Steel Installation

Base Bid

Rebar Installation

Bidder may attach a separate sheet for additional alternate bid subcontractors.

Submitted By:

Print Name and Title of Authorized Person

PART 3: CONTRACT TERMS AND CONDITIONS

ACTUAL CONTRACT WILL TAKE THE FORM OF

A101-2017 & A201-2017

PROVIDED HEREIN ARE GUIDELINES OF CONTRACTUAL TERMS

A. NON-ASSIGNMENT: The contractor may not assign any rights or any duties under this contract without the Library’s prior written consent. Such consent must be in writing and received no less than thirty (30) days prior to the date of any proposed assignment and/or delegation.

B. SUPERVISION: The contractor shall supervise and direct the work in relation to this contract using the contractor’s best skill and attention. The contractor shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures, and for coordinating portions applicable to this contract. The contractor shall enforce strict discipline and good order among the contractor’s employees and other persons carrying out work in accordance with this contract. The contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them, according to the specifications contained herein.

C. SEVERABILITY: The invalidity or unenforceability of any provision in any resultant contract shall not affect the other provisions hereof, and the contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

D. INDEMNIFICATION AND HOLD HARMLESS: The contractor shall protect, defend, indemnify, and hold the Library, its agents, employees, officials harmless from, and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter “claims”) brought against the Library arising out of or incident to the execution of, performance of, or failure to perform this contract; PROVIDED, however, that if such claims are caused by or the result from the concurrent negligence of the contractor, its agents, employees, an/ or officers and the Library, its agents, employees, and/ or officers, this paragraph shall be valid and enforceable only to the extent of negligence of the contractor, its agents, employees, and/ or officers; and PROVIDED/FURTHER that nothing in this paragraph shall require the contractor to indemnify, hold harmless, or defend the Library, its agents, employees, and/ or other officers from any claims caused by or resulting from the sole negligence of the Library, its agents, employees, and/ or officers. The contractor’s obligation under this paragraph shall include indemnification for made by the contractor’s own employees or agents. For this purpose, the contractor, by mutual negotiation, hereby waives, with respect to the Library only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of title 51 RCW. In the event the Library incurs any judgment, award, and or cost arising there from including attorney’s fees to enforce the provisions of this paragraph, and such fees, expenses, and costs shall be recoverable from the contractor.

E. PUBLIC RECORDS ACT/CONFIDENTIALITY: Notwithstanding any other provision herein, contractor recognizes that Library is a public agency subject the Washington State Public Records Act, chapter

42.56 RCW. Upon receipt of a public record request for any material which is the subject of this agreement, Library will promptly notify contractor of the request and contractor will promptly elect whether it will at its own expense commence court action to protect the material from disclosure. If contractor does elect to seek such protection, contractor will fully defend and indemnify Library from any liability, including attorney fees and statutory penalties, which may arise under the Public Records

Act in connection with the request.

F. TERMINATION FOR CONVENIENCE: The Library for its convenience may terminate this contract, in whole or in part, at any time by written notice sent certified mail, return receipt requested, to the contractor. After receipt of a Notice of Termination (Notice), and except as directed by the contract administrator, the contractor shall immediately stop work as directed in the Notice and comply with all other requirements in the Notice. The contractor shall be paid its costs, including necessary and reasonable contract close-out costs and profit on that portion of the work satisfactorily performed up to the date if termination as specifies in the Notice. The contractor shall promptly submit its request for the termination payment, together with detailed supporting documentation. If the contractor has any property in its possession belong to the Library, the contractor will account for the same and dispose of it in the manner the Library directs.

G. TERMINATION FOR DEFAULT: In addition to termination for convenience, if the contractor does not deliver supplies in accordance with the delivery schedule, or if the contract is for services and the contractor fails to perform in the manner called for in the contract, the Library may terminate this contract, in whole or in part, for default. Termination shall be affected by serving a Notice by certified mail, return receipt requested, on the contractor setting forth the manner in which the contractor is in default and the effective date of termination, provided that the contractor shall have ten (10) calendar days to cure the default. The contractor will be only paid for goods delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract less any damages to the Library caused by default. The termination of this contract shall in no way relieve the contractor from any of its obligations under this contract nor limit the rights and remedies of the

Library hereunder in any manner.

H. TERMINATION FOR NON-APPROPRIATION: This contract is cancelable at the end of the fiscal period for non-appropriation of funds by the Library board of trustees. Such cancellation shall be upon thirty

(30) days written notice to the contractor. The Library’s fiscal period ends December 31 of each year.

If the contract is terminated as provided in this subsection: The Library will be liable only for payment in accordance with the terms of this contract for services rendered prior to the effective date of termination; and the contractor shall be released from any obligation to provide further services pursuant to the contract as are affected by the termination. Funding under this contract beyond the current appropriation is conditional upon the appropriation by the Library board of trustees of sufficient funds to support the activities described in the contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year.

I. CONTRACT TIME AND SCHEDULE: Contractor shall diligently prosecute the Work, with adequate forces, achieve Substantial Completion within the Contract Time, and achieve Final Completion with a reasonable period thereafter. Unless otherwise provided, contractor shall, within fourteen (14) calendar days after issuance of Notice of Award, submit a preliminary Progress Schedule. The Progress

Schedule shall show the sequence in which contractor proposes to perform the Work, and the dates on which contractor plans to start and finish major portions of the Work, including dates for shop drawings and other submittals, and for acquiring materials and equipment.

J. DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION:

1. Reason for Liquidated Damages: Timely performance and completion of the Work is essential to the Library and time limits stated in Contract Documents are of the essence. The Library will incur serious and substantial damages if Substantial Completion of the Work does not occur with the contract time. However, it would be difficult if not impossible to determine the exact amount of such damages. Consequently, provisions for liquidated damages are included in the Contract

Documents.

2. Calculations of Liquidated Damages amount: The liquidated damage amounts set forth in the

Contract Documents will be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fixed and agreed upon by and between the Contractor and Library because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Library would in such event sustain. This amount shall be construed as the actual amount of damages sustained by the Library and may be retained by the Library and deducted from the periodic payments to the contractor.

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

Documents.

K. RETAINAGE: All laws related to retainage shall apply. RCW 60.28.11 requires public entities to retain a portion of payments on a maintenance contract. This contract requires retainage in the amount of five percent (5.00%) of all payments. The contractor may choose to have it:

1. Retained in a fund managed by the Library; or

2. Deposited by the Library into an interest-bearing account in a back, mutual saving bank, or savings and loan association. Interest on moneys reserved by the Library under the provision of this contract shall be paid to the contractor; or

3. Placed in escrow with the bank or trust company by the Library. When the money reserved is placed in escrow, the Library shall issue a check representing the sum of the moneys reserved payable to the bank or trust company and the contractor jointly. This check shall be converted into bonds and securities shall be held in escrow. Interest on the bonds and securities shall be paid to the contractor as the interest accrues.

In lieu of retainage, the contractor may submit a retainage bond. If elected, retainage bond must be submitted within thirty (30) days of contract signing; any retainage withheld shall then be paid immediately to contractor.

L. INSURANCE: The contractor shall furnish to the Library at time of award copies of all applicable liability insurance and applicable documentation as specified below:

Coverage Limits of Liability

General Liability Insurance $1,000,000 each occurrence

$2,000,000 aggregate

Automotive Liability Insurance $1,000,000

Umbrella/Excess Liability Insurance $5,000,000

All insurance policies shall be endorsed with the following declaration, “Pierce County Library

System, its officials and employees are covered as additional insured.”

M. PAYMENT: At monthly intervals, contractor shall submit to Library an itemized Application for

Payment for Work completed in accordance with the Contract Documents. Each application shall be supported by such substantiating data as the Library may require.

Unless otherwise provided, contractor shall, within twenty (20) calendar days after issuance of Notice of Award, submit a preliminary Schedule of Values (SOV), AIA Form G703 or Architect accepted form.

The Schedule of Values shall show the total contract price to individual components or phases of work.

This breakdown shall include, but not limited to, the following:

1. A clear and detailed itemization of each element of work, including labor, materials, and overhead costs, corresponding to specific portions of the project.

2. Work breakdown structure as agreed upon in the project’s scope of work, with appropriate cost allocation for each work item or milestone.

3. Each individual line item in the SOV shall be broken down to a value of less than $25,000. For any line item exceeding $25,000, the Contractor shall provide a detailed cost breakdown, which includes the unit costs, quantities, and a detailed description of the materials, labor, equipment, and other direct costs associated with that line item. This breakdown must be submitted for review and approval before payment for those items is processed.

4. Include Contractor overhead and profit and separate line items for:

a. Site mobilization

b. Site demobilization

c. Bonds and insurance

The SOV will be used as the basis for progress payments during the project and shall be updated as necessary to reflect changes in the work.

If authorized by the Library, the Application for Payment may include request for payment for material delivered to the Project site and suitably stored, or for completed preparatory work. Payment may similarly be requested for material stored off the Project site, provided the contractor complies with or furnishes satisfactory evidence of the following:

1. Suitable facility or location: The material will be placed in a facility or location that is structurally sound, dry, lighted and suitable for the materials to be stored;

2. Facility or location within ten (10) miles of Project: The facility or location is located within a ten

(10) mile radius of the Project. Other locations may be utilized, if approved in writing, by the

Library;

3. Facility or location exclusive to Project’s materials: Only materials for the Project are stored within the facility or location (or a secure portion of a facility or location set aside for the Project). The owner may inspect the facility at any time;

4. Insurance provided on materials in facility or location: Contractor furnishes the Library a certificate of insurance extending contractor’s insurance coverage for damage, fire, and theft to cover the full value of all materials stored, or in transit; and

5. Title to materials for which payment is made shall pass to the Owner upon payment.

The Library will make payments upon delivery and acceptance of the services by the Library and upon receipt of an acceptable invoice.

N. WARRANTY OF WORK: In addition to any special warranties provided elsewhere in the Contract

Documents, contractor warrants that all Work conforms to the requirements of the Contract

Documents. Contractor warrants that all Work is free of any defect in equipment, material, or design furnished, or workmanship performed by contractor.

PART 4: STATEMENT OF LIBRARY RESPONSIBILITIES

The contractor must provide a comprehensive statement identifying the exact tasks, and other needs that are the responsibility of the Library as a part of this project. This includes cost, coordination, and labor required to complete all work associated with the project as defined in this RFB.

PART 5: SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

A. ORDER OF PRECEDENCE: In the event of conflict, error, or inconsistency among the Contract

Documents, the documents shall govern in the following order of precedence, with documents listed first taking precedence over those listed below:

a. Change Orders and Contract Modifications (later modifications taking precedence over earlier ones);

b. Addenda to the RFB (later addenda taking precedence over earlier addenda);

c. The Agreement and Contract Terms and Conditions;

d. Special Conditions;

e. Technical Specifications;

f. Drawings (larger scale drawings take precedence over smaller scale drawings for dimensions and details);

g. The original RFB Documents.

Notwithstanding the foregoing, the Contractor’s obligation to report conflicts, errors, inconsistencies, or omissions to the A/E in writing prior to proceeding with affected Work remains in full force regardless of this order of precedence. This order of precedence does not limit the Library’s right to issue clarifications or corrections through the RFI, SI, FA, or CO process.

B. SPECIFICATIONS AND DRAWINGS ARE THE BASIS OF THE WORK: The intent of the Specifications and

Drawings is to describe a complete Project to be constructed in accordance with the Contract

Documents. Contractor shall furnish all labor, materials, equipment, tools, transportation, permits, and supplies, and perform the Work required in accordance with the Drawings, Specifications, and other provisions of the Contract Documents.

C. PARTS OF THE CONTRACT DOCUMENTS ARE COMPLEMENTARY: The Contract Documents are complementary. What is required by one part of the Contract Documents shall be binding as if required by all. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both.

D. CONTRACTOR MUST REPORT DISCREPANCIES IN CONTRACT DOCUMENTS: Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by

Library. If during the performance of the Work, contractor finds a conflict, error, inconsistency, or omission in the Contract Documents, it shall promptly and before proceeding with the Work effected thereby, report such conflict, error, inconsistency, or omission to A/E in writing.

E. PROJECT RECORD: Contractor must maintain Project Record Drawings and Specifications. Contractor shall legibly mark in ink on a separate set of the Drawings and Specifications all actual construction, horizontal, and vertical locations of internal and underground utilities and appurtenances referenced to permanent visible and accessible surface improvements, field changes of dimensions and details, actual suppliers, manufacturers and trade names, models of installed equipment, and Change Order

Proposals (COP). This separate set of Drawings and Specifications shall be the “Project Record”.

Contractor shall submit the completed and finalized Project Record to A/E prior to Final Acceptance.

Upon review and acceptance from A/E, Library shall receive copy for files.

F. PERMITS, FEES, AND NOTICES: Contractor will obtain and pay for all permits. Unless otherwise provided in the Contract Documents, contractor shall pay for and obtain all permits, licenses, and inspections necessary for proper execution and completion of the Work. All costs for submitting and obtaining permits is the responsibility of the contractor and shall be included in the Bid Amount Prior to Final Acceptance, the approved, signed permits shall be delivered to the Library. Owner will submit, obtain, and pay for the following permits and fees: General Building Permit, Electrical Plan Review

(review fee only), and utility hook up fees for storm, sewer, and electrical. See Section 01 10 00.

PART 6: PERFORMANCE

The period of performance of this contract is twenty (20) months from issuance of Notice to Proceed.

Contractor shall retain the responsibility for scheduling and execution of the work in a manner that maintains the Library’s on-going operations and limits the duration of utility and/or building shutdowns for the execution of the work under this contract. In the event of conflict, the Construction Manager shall be the sole judge of the adequacy of the contractor’s efforts to execute the work with minimum disruption. The contractor understands the special requirements of maintaining the facilities in full operation concurrent with the construction activity and shall provide continuous and safe access by the

Library to all areas of the building/site not specifically designated for work by the contractor. There may be work by others on site and contractor to cooperate and not impede others’ scope of work.

A. CONTRACTOR CONTROL AND SUPERVISION: Contractor is responsible for means and methods of construction. Contractor shall supervise and direct the Work, using its best skill and attention, and shall perform the Work in a skillful manner. 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, unless the Contract Documents give other specific instructions concerning these matters.

B. SAFETY PRECAUTIONS: In performing this contract, the contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies, and equipment; and avoid work interruptions. For these purposes, the contractor shall:

1. Follow Washington Industrial Safety and Health Act (WISHA) regional directives and provide a site-specific safety program that will require an accident prevention and hazard analysis plan for the contractor and each subcontractor on the work site. The contractor shall submit a site-specific safety plan to the Library’s representative prior to the initial scheduled construction meeting.

2. Area will be secured by the contractor’s means and at its cost. The Library takes no responsibility for the security of the contractor’s assigned laydown area.

C. UNFORESEEN PHYSICAL CONDITIONS (CONCEALED OR UNKNOWN): If contractor encounters conditions at the Site which are subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then contractor shall give written notice to Library promptly and in no event later than seven (7) calendar days after the first observance of the conditions. Conditions shall not be disturbed prior to such notice.

D. CORRECTION OF NON-CONFORMING WORK: Contractor shall promptly correct Work found by

Library not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections.

E. CHANGES:

1. Changes in Work, Contract Sum, and Contract Time by Change Order: Library may, at any time and without notice to contractor’s surety, order additions, deletions, revisions, or other changes in the Work. These changes in the Work shall be incorporated into the Contract Documents through the execution of Change Orders. If any change in the Work ordered by the Library causes an increase or decrease in the Contract Sum or the Contract Time, an equitable adjustment shall be made.

2. Library may request COP from Contractor: If Library desires to order a change in the Work, it may request a written Change Order Proposal (COP) from contractor. Contractor shall submit a Change

Order Proposal within fourteen (14) calendar days of the request from Library, or within such other period as mutually agreed. Contractor’s Change Order Proposal shall be full compensation for implementing the proposed change in the Work, including any adjustment in the Contract Sum or Contract Time, and including compensation for all delays in connection with such change in the

Work and for any expense or inconvenience, disruption or schedule, or loss of efficiency or productivity occasioned by the change in the Work.

3. Contract Sum changes only by Change Order: The Contract Sum shall only be changed by a Change

Order. Contractor shall include any request for a change in the Contract Sum in its Change Order

Proposal. If the cost of contractor’s performance is changed due to the fault or negligence of

Library, or anyone for whose acts Library is responsible, contractor shall be entitled to make a request for an equitable adjustment in the Contract Sum.