4702 South 19th Street, Tacoma, Washington 98405 | (253) 305-1000 | www.ParksTacoma.gov

Point Defiance Zoo & Aquarium Admin Crawlspace Encapsulation Small Works Roster Bid No. Z2026-19

In

TACOMA, WASHINGTON

CONTRACT DOCUMENTS

Owner: Metropolitan Park District of Tacoma Department of Planning, Design & Development

4702 South 19th Street Tacoma WA 98405

Project Manager Name: Fred Ramey

Mandatory PRE-BID Meeting

Tuesday, October 6, 2026 at 10:00 am

OR

Wednesday, October 14, 2026 at 10:00 am

Point Defiance Zoo and Aquarium 5400 N. Pearl Street Tacoma, WA 98407

Contractor must attend one of the mandatory Pre-Bid meetings

All Questions Due By:

Monday, November 2, 2026 at 2:00 pm procurement@parkstacoma.gov

BIDS DUE

Tuesday, November 10, 2026 by 10:00 am

Deliver Bids to:

Parks Tacoma Headquarters Building

4702 South 19th Street, Tacoma WA 98405

Or Deliver by Email to:

procurement@parkstacoma.gov

Time of Completion 90 Calendar Days

Bids will only be accepted from contractors who are currently registered on our PARKS TACOMA SMALL WORKS ROSTER, ATTN: At the time of Award, the Prime Contractor does not set up the project in the L&I Portal, Parks Tacoma will set up the project and notify the Prime Contractor when it’s ready for their Intent to be filed.

mailto:procurement@parkstacoma.gov

Metropolitan Park District of Tacoma PDZA Admin Crawlspace Encapsulation

SWR BID# Z2026-19

SWR Bid No. Z2026-19 Table of Contents - 1

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

Cover Table of Contents Bid Notice Instructions to Bidders Memorandum to All Potential Bidders Bidder’s Proposal with Non-Collusion Affidavit Certificate of Compliance with Wage Payment Statutes Form MWBE Utilization Form and Instructions General Conditions Supplemental Conditions Request for Interpretation Form Design Clarification Form Field Authorization Form Proposal Request Form Substitution Request Form Change Order Form Faithful Performance and Payment Bond (Sample) Retained Percentage on PW Contract (Sample) Escrow Agreement (Sample) Pledge of Deposit Agreement (Sample) Retainage Bond (Sample) SWR Contract (Sample) Sub List & Cert (Sample) Major Suppliers, Subcontractors and Self-Performance Washington State Prevailing Wage Rates and Benefit Code Key

DIVISION 01 – GENERAL REQUIREMENTS

01 04 00 COORDINATION

01 11 00 SUMMARY OF WORK

01 30 00 ADMINISTRATIVE PROCEDURES

01 31 00 PROJECT MANAGEMENT & COORDINATION

01 33 00 SUBMITTAL PROCEDURES

01 33 00.1 SUBMITTAL TRANSMITTAL

01 40 00 QUALITY REQUIREMENTS

01 42 19 REFERENCE STANDARDS

01 50 00 TEMPORARY FACILITIES

01 60 00 MATERIALS AND EQUIPMENT

01 61 00 PRODUCT REQUIREMENTS

01 74 19 CONSTRUCTION WASTE MANAGEMENT

01 74 23 FINAL CLEANING

01 77 00 PROJECT CLOSEOUT PROCEDURES

01 80 00 APPLICABLE CODES

DIVISION 02 – EXISTING CONDITIONS

02060 DEMOLITION

02200 EARTHWORK

02700 SITE DRAINAGE

ADDITIONAL TECHNICAL SPECIFICATIONS

PREPARED BY PDZA STAFF, DATED SEPTEMBER 15, 2026

Page Title 1 Executive Summary 3 Section 1: General Project Information 6 Section 2: Pest Exclusion and Crawlspace Screening

SWR BID# Z2026-19

SWR Bid No. Z2026-19 Table of Contents - 2

8 Section 3: French Drain System 10 Section 4: Vapor Barrier Installation 13 Section 5: Dehumidification System 15 Section 6: Sump Pump System 18 Section 7: Soil Removal and Disposal 19 Section 8: Permitting 21 Appendix A: Proposed Project Schedule

PARKS TACOMA PROJECT MANAGER: Fred Ramey – (253) 404-3802

4702 South 19th Street, Tacoma, Washington 98405 | (253) 305-1000 | www.ParksTacoma.gov

BID NOTICE

September 28, 2026

To Small Works Roster: Storm Drainage Systems Contractors

REQUEST FOR BIDS

METROPOLITAN PARK DISTRICT OF TACOMA

Project: PDZA Admin Crawlspace Encapsulation SWR Bid No. Z2026-19

The Metropolitan Park District of Tacoma will receive bids for PDZA Admin Crawlspace Encapsulation (Z2026-19) at the office of Business Administrative & Planning, Metropolitan Park District of Tacoma, 4702 S. 19th St., Tacoma, WA 98405 or by email at procurement@parkstacoma.gov until 10:00 a.m. on Tuesday, November, 10, 2026. Bids received after the appointed time set for receipt will be considered non-responsive. All work completed for the Metropolitan Park District will be considered a public works project with prevailing wage documentation required.

Contact: Email: procurement@parkstacoma.gov

Subject Line: SWR Bid No. Z2026-19

Scope of Work: The contractor will seal all rodent and pest entry points using metal mesh and concrete, install drainage trenches and a high-powered sump pump to control groundwater, encapsulate the crawlspace with a heavy-duty plastic liner, and set three industrial dehumidifiers to maintain dry conditions and prevent mold.

Type of Contract: Small Works Estimate: $80,000.00 - $100,000.00 Pre-bid Meeting: Tuesday, October 6, 2026 at 10:00 am

OR

Wednesday, October 14, 2026 at 1:00 pm

Point Defiance Zoo and Aquarium 5400 N. Pearl Street Tacoma, WA 98407

Bids Due: Tuesday, November 10, 2026 at 10:00 a.m.

Time of Completion: 90 Calendar days Liquidated Damages: $500 per day

Please visit our website to view or download the Spec Book and Drawings for SWR Bid No.

Z2026-19 at https://www.parkstacoma.gov/about/contract-bidding/small-works-roster-bids/.

Sincerely, Fred Ramey ZEED Asset & Facilities Services Manager mailto:procurement@parkstacoma.gov mailto:procurement@tacomaparks.com https://www.parkstacoma.gov/about/contract-bidding/small-works-roster-bids/

Instructions to Bidders -1

SWR BID# Z2026-19

INSTRUCTIONS TO BIDDERS

1. SUBMISSION OF BIDS

You must be active on of our Parks Tacoma Small Works Roster prior to Bidding, if not already on our roster, please apply as soon as possible to insure you are eligible for bidding, application processing time may take up to 5 business days. Bids must be delivered no later than Tuesday, November 10, 2026 at 10:00 a.m. Bids will be received by the Metropolitan Park District of Tacoma at the office of Business Administration & Planning at 4702 South 19th St, Tacoma, WA 98405 or by email to procurement@parkstacoma.gov . Contractor must attend one of the following Pre-bid meetings:

Tuesday, October 6, 2026 at 10:00 a.m.

OR

Wednesday, October 14, 2026 at 1:00 p.m.

Point Defiance Zoo and Aquarium 5400 N. Pearl Street Tacoma, WA 98407

For more information, contact Fred Ramey, Project Manager at procurement@parkstacoma.gov .

2. BIDDING PROCEDURE AND FORMS

Bidders shall submit their bids on the bid proposal and signature sheet form included in this invitation to bid. Forms shall be filled in completely in ink or typewritten. The signature sheet must be signed by a responsible company official with their designated title. Bidders may submit additional product information with their bid as desired.

3. BIDDER’S REPRESENTATION

Each bidder by making his bid represents that he has familiarized himself with the General and Supplemental Conditions for Metropolitan Park District of Tacoma Public Works Projects, Contract for Work Awarded from Small Works Roster, these Instructions to Bidders, and the attached Specifications.

4. REJECTION OF BIDS & ACCEPTANCE OF BID

Parks Tacoma shall have the right to reject any or all bids or any items of the bid and to reject a bid, which is in any way incomplete or irregular. Any or all bids may be rejected for good cause. It is the intent to award one contract to the lowest responsible bidder, provided the bid does not exceed the funds available. Parks Tacoma shall have the right to waive any informality, irregularity, or technical defect in any bids or bids received and to accept the bid or bids which, in its judgment, is in its best interests. Bids will be returned unopened if they are submitted by a Contractor that is not an active member on our Parks Tacoma Small Works Roster.

Instructions to Bidders -2

5. AGREEMENT BETWEEN OWNER AND CONTRACTOR

A Bidder whose proposal is accepted shall sign the written agreement between Parks Tacoma and Contractor within ten (10) days from the date of mailing of a Notice from Parks Tacoma to Bidder of acceptance of his proposal.

6. WARRANTY AND GUARANTEE

Bidder warrants and guarantees to Parks Tacoma that all work will be in accordance with the plans and specifications and will not be defective. If within one year after the date of delivery any material is found to be defective, the Contractor shall promptly and without cost to Parks Tacoma correct such defect.

7. PUBLIC WORK & PREVAILING WAGE RATES

Please be aware when submitting a bid that this project is classified as "public work" and is subject to Washington State Prevailing Wage Law. The law requires in part that the following conditions be met:

• All workers or laborers must be paid the prevailing wage rate for their job classification as determined by the Department of Labor & Industries.

• The prime contractor and each subcontractor must file a Statement of Intent to Pay Prevailing

Wages with the Department of Labor & Industries, ESAC Division, in Olympia. Statements of intent are to be filed prior to beginning work.

• Industrial Insurance: All Industrial Insurance premium payments must be current for prime contractor and each subcontractor working on the project. The Metropolitan Park District will check with the Department of Labor & Industries to verify current premium status.

• No progress payments will be made to the prime contractor until approved Statements of Intent to

Pay Prevailing Wages have been received. Final payment will not be made until approved Affidavits of Prevailing Wages Paid have been received along with determination that the prime contractor and each subcontractor is in a current premium status.

Inquiries regarding prevailing wages or current prevailing wage rates should be directed to the Department of Labor & Industries, Trades & Licensing Division, (360) 902-5335.

8. MINORITY & WOMEN OWNED BUSINESS ENTERPRISES (MWBE)

The Metropolitan Park District of Tacoma encourages a goal of eight percent (8%) on a PROJECT ESTIMATED AT $20,000.00 OR MORE to be awarded to certified Minority and Women’s Owned Business Enterprises (MWBE) including subcontractors. The Washington State Office of Minority and Women’s Owned Enterprises (OMWBE) certifies firms that are owned and controlled by minorities or women, and can provide information regarding the certification process. Information about the certification status of a particular firm is available at the following OMWBE website address www.omwbe.wa.gov, or by contacting OMWBE at (360) 664-9750, 1110 Capitol Way S. Suite #150, Olympia, WA 98501 mailing address PO Box 41160, Olympia, WA 98504.

General questions about the Metropolitan Park District of Tacoma's bidding process should be directed to Amanda Punsalan at amanda.punsalan@pdza.org or (253) 404-3631, and questions about contract compliance requirements should be directed to Nikki Candelario at nikki.candelario@parkstacoma.gov or

(253) 404-3911.

http://www.omwbe.wa.gov/ mailto:amanda.punsalan@pdza.org mailto:nikki.candelario@parkstacoma.gov

MEMORANDUM

TO: All Members of our Parks Tacoma Small Works Roster

FROM: Department of Planning, Design & Development

SUBJECT: PDZA Admin Crawlspace Encapsulation / SWR Bid No. Z2026-19

At the time of bidding, you must be a member of our Parks Tacoma Small Works Roster.

Please submit the following forms, which are attached, however, do not submit the full specification booklet. Failure to properly complete or submit ALL forms will render your bid non-responsive.

Bidder’s Proposal

Base Bid Alternate(s) and Unit Prices (if any) Receipt of Addendum(s), signature and firm information

Certification of Compliance with Wage Payment Statutes Small Business Utilization Form

A Bidder’s Bond is not required on this SWR project.

All of the above required forms are to be submitted by 10:00 A.M. on TUESDAY, NOVEMBER 10, 2026, at the Metropolitan Park District Headquarters Building, Department of Planning, Design & Development, 4702 S. 19th Street, Tacoma WA 98405 or by email to procurement@parkstacoma.gov

If you have any questions, please contact Fred Ramey, Project Manager at procurement@parkstacoma.gov

Attachments: Bidder’s Proposal (include all pages) Certification of Compliance with Wage Payment Statutes

Small Business Utilization Form

Bid No. Z2026-19 Bidder’s Proposal

03/06/2025 Bidder’s Proposal - Page 1 of 3

Proposals received until 10:00 am, November 10, 2026

To: Metropolitan Park District of Tacoma "Owner" 4702 S 19th Street Tacoma WA 98405

1. The undersigned Bidder declares that they have read and fully understands the Invitation to Bid and each and every other Contract Document referred to therein and agrees to all of the terms, conditions and provisions contained therein; that they have examined the site of the work and has made the investigations and formed the estimates as to all conditions and contingencies referred to in and required by the Contract Documents, and they propose and agree that if their bid as submitted in the Proposal be accepted, they will contract in the form provided to perform all of the work and in the manner required by the Contract Documents and to complete the same within the time stipulated;

that they will accept in full payment therefore the prices named herein. Said prices are to include and cover the furnishing of all materials, the performing of all labor requisite or proper, supervision, overhead, profit, taxes (excluding State sales tax), and the providing of all necessary machinery, tools, appurtenances, equipment and other means required to fully complete this contract, except as otherwise specifically provided in the Specifications.

2. Bidder further agrees that they will sign the contract in accordance with the Proposal as accepted and furnish the required bonds within ten (10) days from date of mailing of said notice of acceptance to them at their address as given below or within such additional time as may be allowed by the Architect, but in any event within twenty (20) days after said mailing; upon their failure or refusal to do so within said time, the certified or cashier's check or bidder's bond, accompanying their bid, and the money payable thereon, shall be forfeited to and become the property of the owner as liquidated damages for such failure or refusal, provided, that if said bidder shall execute the contract and furnish the required bonds within the time aforesaid, their certified or cashier's check, if furnished, shall be returned to them within three (3) days thereafter, and the bid bond, if furnished, shall become void.

3. Bidder agrees that their Proposal shall remain open and not withdrawn for a period of not less than sixty (60) days from the date of opening bids.

4. Base Bid Schedule

Written Base Bid Amount (Not including WSST)

Trench Excavation Safety Provisions

(Also Included in Base Bid)

On public works projects in which trench excavation will exceed a depth of 4 (four) feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington industrial safety and health act, chapter 49.17 RCW 39.04.180 and WAC 296-155-650. This requirement shall be included in the cost estimates and bidding forms as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. Bidder must include a lump sum dollar amount in blank space above (even if the value is $0.00).

http://app.leg.wa.gov/RCW/default.aspx?cite=49.17

Bid No. Z2026-19 Bidder’s Proposal

03/06/2025 Bidder’s Proposal - Page 2 of 3

5. Alternate Bid Schedule: NONE

6. No extra allowance will be permitted if a cost increase becomes necessary due to an error or omission of contractor or any subcontractor.

7. Written “Changes in Work” will be issued formalizing any authorized changes.

8. Unit Price Schedule: NONE

9. Owner will evaluate bids to determine the lowest Total Price offered by a responsive, responsible bidder. Owner reserves the right to reject a bid in the event it is determined that any price for any bid item is unreasonable, unbalanced, or otherwise not in the best interest of Owner. A contract will be awarded, if at all based on the lowest Total Price of responsive, responsible bidder.

Owner reserves the right, but without obligation, to weigh the irregularities and informalities. Owner further reserves the right to reject any portion of any bid, and/or to reject all bids.

Construction shall be completed within 90 calendar days from the written notice to proceed. If not completed by such date, the Contractor shall be liable to the District for damages. The Contractor acknowledges and agrees to abide by all provisions of the General Conditions Article 3.07, Damages for Failure to Achieve Timely Completion. The Contractor further agrees to pay to the Owner as liquidated damages the sum of $500.00 for each consecutive calendar day that they shall be in default after the time of completion specified herein.

10. If the project estimate is $1,500,000 or more, Apprenticeship Training Program requirements apply.

The Contractor agrees that 15 percent of the total applicable labor hours worked shall be performed by qualifying apprentices. The Apprenticeship Training Program Utilization Goal for this bid is estimated at 0 hours.

11. Receipt of addenda numbered is hereby acknowledged and all costs of the work therefore have been included in the Proposal.

12. Contract type (by which the effective date for prevailing wage rates is determined): Small Works

13. Non-Collusion Certification: The bidder hereby certifies that (1) this Bidder’s Proposal is genuine and not collusive or sham; (2) bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for them or for any other party; (3) bidder has not accepted any bid from any subcontractor or material person through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or material person which is not processed through said bid depository, or which prevent any subcontractor or material person from bidding to any subcontractor who does not use the facilities of or accept bids from or through such bid depository;

and (4) the undersigned has been duly vested with authority to make and sign this Proposal for [ ] the partnership/joint venture by ________________________ who constitute the other general partners of the partnership/joint venture.

[ ] the corporation pursuant to its bylaws or a solution of its Board of Directors.

[ ] the LLC by majority vote of its managers or members or by virtue of being a managing member.

14. Attached forms: Bidder's Bond, Certificate of Compliance with Wage Payment Statutes Form, MWBE Utilization Form.

Bid No. Z2026-19 Bidder’s Proposal

03/06/2025 Bidder’s Proposal - Page 3 of 3

Providing the following information is MANDATORY in order to meet “Responsible Bidder” requirements (as defined in RCW 39.04.350) Failure to provide this information may disqualify your bid as being “Non-Responsive.”

If your business is not required to have one of the following numbers, you must provide an explanation.

• State of Washington Contractor Registration No. __________________________________________

• State of Washington Unified Business Identifier No. ________________________________________

• Employment Security Department No. __________________________________________________

• State Excise Tax Registration No. ______________________________________________________

• Is the payment of Worker’s Comp (Industrial Insurance) Premiums current/active? If your business does not have a Worker’s Comp account with the WA State Dept of Labor & Industries, please explain why.

Yes Industrial Insurance No.:____________________________ No (If No, you are not eligible to bid on this project) No Account – Explain why: _____________________________________________________

• Are you disqualified from bidding on public works projects in the State of Washington?

Yes (If Yes, you are not eligible to bid on this project) No

• Are you Federally disqualified from bidding on public works projects?

Yes (If Yes, you are not eligible to bid on this project) No

• Have you or a designee received training on the requirements related to public works and prevailing wage (under chapters 39.04.350 and 39.12 RCW) provided by the Dept. of Labor & Industries or a training provider whose curriculum is approved by the department OR have you completed three or more public works projects and have had a valid business license in Washington for three or more years? Information about this requirement can be found at:

https://www.lni.wa.gov/TradesLicensing/PrevWage/Contractors/Training.asp Please note that Parks Tacoma will rely on records made available by L&I regarding satisfaction of this training requirement or exemption.

Yes No (If No, you are not eligible to bid on this project)

The bidder hereby certifies that the bidder is in compliance with the responsible bidder criteria, as defined in RCW 39.04.350 Bidder Responibilty Criteria. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Contractor's Signature Date

Contractor's Name Address (Street/P.O. Box)

Title City State Zip

Firm Name Telephone Number

Email Fax https://www.lni.wa.gov/TradesLicensing/PrevWage/Contractors/Training.asp

Certification of Compliance with Wage Payment Statutes

The bidder hereby certifies that, within the three year period immediately preceding the bid solicitation date , that the bidder is not a “willful” violator, as defined in RCW 43.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction.

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Bidder

Signature of Authorized Official

Printed Name

Title

Address City State

Date

Check One:

Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ LLC ☐

State of Incorporation, or if not a corporation, State where business entity was formed:

If a co-partnership, give firm name under which business is transacted:

* If a corporation, proposal must be executed in the corporate name by the president or vice -president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

MWBE UTILIZATION FORM

PUBLIC WORK CONTRACTS

(For Contracts Over $20,000)

1. Bidders must complete this form and return it with their submittal.

2. List all MWBE vendors who will be used. Be sure to indicate if a contract will be awarded under "f".

3. Complete instructions are on the reverse side of this form.

4. Include complete names to assist us in verifying participation.

Company Name Address Phone Number Contact Person

Signature of Authorized Company Official Date a.

Subcontractor Name

Street Address, City, State, Zip Phone Number b.

Type and Quantity of

Supplies/Services c.

Total Dollar Amount d.

Was Bid Received?

e.

Was it the Low Bid?

f.

Will Contract Be Awarded?

Yes No Yes No Yes No

INSTRUCTIONS FOR COMPLETING THE MWBE UTILIZATION FORM

This form must be fully completed and included as a part of your bid submittal package. Submittals must be received by MPT prior to the scheduled time and date stated in the solicitation announcement.

Bidders are encouraged to arrange the items into small units to enhance the possibility of including MWBE participation in MPT bid specifications.

The following instructions address errors and omissions most frequently noted:

1. To complete the form, list all MWBE vendors solicited for subcontracting.

2. Column "a" Subcontractor's Name, Street, Address, City, State, Zip and Phone Number:

Print or type.

3. Column "b" Type and Quantity of Supplies or Services: Must clearly show the type and extent of work to be performed by the subcontractor.

4. Column "c" Total Dollar Amount: Must be completed for all MWBE vendors that will be awarded a subcontract.

5. Columns "d", "e" and "f": Complete by making an “X” in either the Yes or No column. The blocks checked "yes" in column "f" will be used to determine MWBE participation.

To verify approved MWBE status, please call the Contract Compliance Administrator at 253-404-3911.

The completed MWBE Utilization Form provides information used to determine a bidder's efforts to comply with MPT’s MWBE goals.

GENERAL CONDITIONS FOR METROPOLITAN PARK DISTRICT OF TACOMA

PUBLIC WORKS PROJECTS

Parks Tacoma General Conditions – Updated 01/2025 Page 1

Page

PART 1 - GENERAL PROVISIONS

1.01 DEFINITIONS

1.02 ORDER OF PRECEDENCE

1.03 EXECUTION AND INTENT

PART 2 - INSURANCE AND BONDS

2.01 CONTRACTOR'S LIABILITY INSURANCE

2.02 PAYMENT AND PERFORMANCE BONDS

2.03 ALTERNATIVE SECURITY

PART 3 - TIME AND SCHEDULE

3.01 PROGRESS AND COMPLETION

3.02 CONSTRUCTION SCHEDULE

3.03 OWNER'S RIGHT TO SUSPEND THE

WORK FOR CONVENIENCE

3.04 OWNER'S RIGHT TO STOP THE WORK FOR

CAUSE

3.05 DELAY

3.06 NOTICE TO OWNER OF LABOR DISPUTES

3.07 DAMAGES FOR FAILURE TO ACHIEVE

TIMELY COMPLETION

PART 4 - SPECIFICATIONS, DRAWINGS, AND OTHER

DOCUMENTS

4.01 DISCREPANCIES AND CONTRACT

DOCUMENT REVIEW

4.02 PROJECT RECORD

4.03 SHOP DRAWINGS

4.04 ORGANIZATION OF SPECIFICATIONS

4.05 OWNERSHIP AND USE OF DRAWINGS,

SPECIFICATIONS, AND OTHER DOCUMENTS

PART 5 - PERFORMANCE

5.01 CONTRACTOR CONTROL AND

SUPERVISION

5.02 PERMITS, FEES, AND NOTICES

5.03 PATENTS AND ROYALTIES

5.04 PREVAILING WAGES

5.05 HOURS OF LABOR

5.06 NONDISCRIMINATION

5.07 SAFETY PRECAUTIONS

5.08 OPERATIONS, MATERIAL HANDLING,

AND STORAGE AREAS

5.09 PRIOR NOTICE OF EXCAVATION

5.10 UNFORESEEN PHYSICAL CONDITIONS

5.11 PROTECTION OF EXISTING STRUCTURES,

EQUIPMENT, VEGETATION, UTILITIES, AND

IMPROVEMENTS

Page

5.12 LAYOUT OF WORK

5.13 MATERIAL AND EQUIPMENT

5.14 AVAILABILITY AND USE OF UTILITY

SERVICES

5.15 TESTS AND INSPECTION

5.16 CORRECTION OF NONCONFORMING

WORK

5.17 CLEAN UP

5.18 ACCESS TO WORK

5.19 OTHER CONTRACTS

5.20 SUBCONTRACTORS AND SUPPLIERS

5.21 WARRANTY OF CONSTRUCTION

5.22 INDEMNIFICATION

PART 6 - PAYMENTS AND COMPLETION

6.01 CONTRACT SUM

6.02 SCHEDULE OF VALUES

6.03 APPLICATION FOR PAYMENT

6.04 PROGRESS PAYMENTS

6.05 PAYMENTS WITHHELD

6.06 RETAINAGE AND BOND CLAIM RIGHTS

6.07 SUBSTANTIAL COMPLETION

6.08 PRIOR OCCUPANCY

6.09 FINAL COMPLETION, ACCEPTANCE, AND

PAYMENT

PART 7 - CHANGES

7.01 CHANGE IN THE WORK

7.02 CHANGE IN THE CONTRACT SUM

7.03 CHANGE IN THE CONTRACT TIME

PART 8 - CLAIMS AND DISPUTE RESOLUTION

8.01 CLAIMS PROCEDURE

8.02 ARBITRATION

8.03 CLAIMS AUDITS

PART 9 - TERMINATION OF THE WORK

9.01 TERMINATION BY OWNER FOR CAUSE

9.02 TERMINATION BY OWNER FOR

CONVENIENCE

PART 10 - MISCELLANEOUS PROVISIONS

10.01 GOVERNING LAW

10.02 SUCCESSORS AND ASSIGNS

10.03 MEANING OF WORDS

10.04 RIGHTS AND REMEDIES

10.05 CONTRACTOR REGISTRATION

10.06 TIME COMPUTATIONS

10.07 RECORDS RETENTION

10.08 THIRD-PARTY AGREEMENTS

10.09 ANTITRUST ASSIGNMENT

10.10. HEADINGS AND CAPTIONS

Parks Tacoma General Conditions – Updated 01/2025 Page 2

PART 1 - GENERAL PROVISIONS

1.01 DEFINITIONS

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

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

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

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

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

F. "Contract Documents" means the Advertisement for Bids, Instructions for Bidders, completed Form of Proposal, General

Conditions, Modifications to the General Conditions, Supplemental Conditions, Public Works Contract, other Special Forms, Drawings and Specifications, and all addenda and modifications thereof.

G. "Contract Sum" is the total amount payable by Owner to Contractor for performance of the Work in accordance with the

Contract Documents, including all taxes imposed by law and properly chargeable to the Work

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

I. "Contractor" means the person or entity who has agreed with Owner to perform the Work in accordance with the

Contract Documents.

J. “Day(s)” unless otherwise specified shall mean calendar day(s).

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

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

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

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

O. "Notice" means a written notice which has been delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended or, if delivered or sent by registered or certified mail, to the last business address known to the party giving notice.

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

Q. "Owner" means the Metropolitan Park District of Tacoma or its authorized representative with the authority to enter into, administer, and/or terminate the Work in accordance with the Contract Documents and make related determinations and findings.

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

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

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

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

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

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

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

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

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

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

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

1.02 ORDER OF PRECEDENCE

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

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

2. Supplemental Conditions.

3. Modifications to the General Conditions.

4. General Conditions.

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

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

7. Signed and Completed Bid Form.

8. Instructions to Bidders.

9. Advertisement for Bids.

1.03 EXECUTION AND INTENT

A. Contractor makes the following representations to Owner:

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

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

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

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

PART 2 - INSURANCE AND BONDS

2.01 CONTRACTOR'S INSURANCE

A. Minimum Scope And Limit Of Insurance. Contractor shall maintain insurance coverage as listed in Exhibit A during the

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

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2.02 PAYMENT AND PERFORMANCE BONDS

A. Payment and performance bonds for 100% of the Contract Award Amount, plus state sales tax, shall be furnished for the

Work, using the Payment Bond and Performance Bond form published and available from the American Institute of Architects (AIA) – form A312. Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% of more. No payment or performance bond is required if the Contract meets the requirements allowed by RCW 39.08.010 (3).

2.03 ALTERNATIVE SECURITY

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

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

2. Any surety fails to furnish reports on its financial condition if requested by Owner.

PART 3 - TIME AND SCHEDULE

3.01 PROGRESS AND COMPLETION

A. Contractor shall diligently prosecute the Work, with adequate forces, achieve Substantial Completion within the Contract

Time, and achieve Final Completion within a reasonable period thereafter.

3.02 CONSTRUCTION SCHEDULE

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

B. Unless otherwise provided in Division 1, the Progress Schedule shall be in the form of a bar chart, or a critical path method analysis, as specified by Owner. The preliminary Progress Schedule may be general, showing the major portions of the Work, with a more detailed Progress Schedule submitted as directed by Owner.

C. Owner shall return comments on the preliminary Progress Schedule to Contractor within 14 days of receipt. Review by

Owner of Contractor's schedule does not constitute an approval or acceptance of Contractor's construction means, methods, or sequencing, or its ability to complete the Work within the Contract Time. Contractor shall revise and resubmit its schedule, as necessary. Owner may withhold a portion of progress payments until a Progress Schedule has been submitted which meets the requirements of this section.

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

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

3.03 OWNER'S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE

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

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

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1. Cancel the written notice suspending the Work; or

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

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

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

3.04 OWNER'S RIGHT TO STOP THE WORK FOR CAUSE

A. If Contractor fails or refuses to perform its obligations in accordance with the Contract Documents, Owner may order

Contractor, in writing, to stop the Work, or any portion thereof, until satisfactory corrective action has been taken.

B. Contractor shall not be entitled to an equitable adjustment in the Contract Time or Contract Sum for any increased cost or time of performance attributable to Contractor's failure or refusal to perform or from any reasonable remedial action taken by Owner based upon such failure.

3.05 DELAY

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

1. Acts of God or the public enemy;

2. Acts or omissions of any government entity;

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

4. Quarantine or epidemic;

5. Strike or defensive lockout;

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

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

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

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

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

D. Contractor shall not be entitled to an adjustment in Contract Time or in the Contract Sum for any delay or failure of performance to the extent such delay or failure was caused by Contractor or anyone for whose acts Contractor is responsible.

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

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

3.06 NOTICE TO OWNER OF LABOR DISPUTES

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

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

3.07 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION

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A. Liquidated Damages

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

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

3. Assessment of liquidated damages shall not release Contractor from any further obligations or liabilities pursuant to the Contract Documents.

B. Actual Damages

1. Actual damages will be assessed for failure to achieve Final Completion within the time provided. Actual damages will be calculated on the basis of direct architectural, administrative, and other related costs attributable to the Project from the date when Final Completion should have been achieved, based on the date Substantial Completion is actually achieved, to the date Final Completion is actually achieved. Owner may offset these costs against any payment due Contractor.

PART 4 - SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

4.01 DISCREPANCIES AND CONTRACT DOCUMENT REVIEW

A. 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.

B. 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.

C. Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by

Owner. 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 affected thereby, report such conflict, error, inconsistency, or omission to A/E in writing.

D. Contractor shall do no Work without applicable Drawings, Specifications, or written modifications, or Shop Drawings where required, unless instructed to do so in writing by Owner. If Contractor performs any construction activity, and it knows or reasonably should have known that any of the Contract Documents contain a conflict, error, inconsistency, or omission, Contractor shall be responsible for the performance and shall bear the cost for its correction.

E. Contractor shall provide any work or materials the provision of which is clearly implied and is within the scope of the

Contract Documents even if the Contract Documents do not mention them specifically.

F. Questions regarding interpretation of the requirements of the Contract Documents shall be referred to the A/E.

4.02 PROJECT RECORD

A. Contractor shall legibly mark in ink on a separate set of the Drawings and Specifications all actual construction, including depths of foundations, 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."

B. The Project Record shall be maintained on the project site throughout the construction and shall be clearly labeled

"PROJECT RECORD". The Project Record shall be updated at least weekly noting all changes and shall be available to Owner at all times.

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

4.03 SHOP DRAWINGS

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A. "Shop Drawings" means documents and other information required to be submitted to A/E by Contractor pursuant to the Contract Documents, showing in detail: the proposed fabrication and assembly of structural elements; and the installation (i.e. form, fit, and attachment details) of materials and equipment. Shop Drawings include, but are not limited to, drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, samples, and similar materials furnished by Contractor to explain in detail specific portions of the Work required by the Contract Documents. For materials and equipment to be incorporated into the Work, Contractor submittal shall include the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the item. When directed, Contractor shall submit all samples at its own expense. Owner may duplicate, use, and disclose Shop Drawings provided in accordance with the Contract Documents.

B. Contractor shall coordinate all Shop Drawings, and review them for accuracy, completeness, and compliance with the

Contract Documents and shall indicate its approval thereon as evidence of such coordination and review. Where required by law, Shop Drawings shall be stamped by an appropriate professional licensed by the state of Washington. Shop Drawings submitted to A/E without evidence of Contractor's approval shall be returned for resubmission. Contractor shall review, approve, and submit Shop Drawings with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of Owner or separate contractors. Contractor's submittal schedule shall allow a reasonable time for A/E review. A/E will review, approve, or take other appropriate action on the Shop Drawings.