CONTRACT DOCUMENTS

2026 SWIFT CREEK

CHANNEL EXCAVATION

WORK ORDER No. 21055

BID NO. 26-28

PUBLIC WORKS DEPARTMENT

CONSISTING OF

BID PROCEDURES AND CONDITIONS

SPECIFICATIONS AND CONDITIONS

CONTRACT FORMS

PLANS

July 2026

Douglas W. Ranney II, P.E.

County Engineer

2026 Swift Creek Channel Excavation 2 Work Order No. 21055

TABLE OF CONTENTS

PART I BID PROCEDURES AND CONDITIONS

Invitation To Bid ------------------------------------------------------------ 4 Notice to Bidders ---------------------------------------------------------- 5 Supplemental Instructions to Bidders -------------------------------- 6 Bid Proposal Forms Bid Proposal ---------------------------------------------------------------- 9 Cert. of Compliance with Wage Payment Statutes -------------- 11 Recycled Materials Proposal ------------------------------------------ 12 Non-Collusion Declaration ---------------------------------------------- 13 Bidder Identification ------------------------------------------------------ 14 Signature and Addendum Acknowledgement --------------------- 15 Bid Bond -------------------------------------------------------------------- 16 Subcontractor List -------------------------------------------------------- 17

PART II SPECIFICATIONS AND CONDITIONS

Special Provisions ------------------------------------------------------------------ 18

PART III CONTRACT FORMS

Contract ------------------------------------------------------------------------------ 72 Contract Bond ---------------------------------------------------------------------- 77 Retainage Investment Option -------------------------------------------------- 79 Escrow Agreement ---------------------------------------------------------------- 80 Retainage Bond -------------------------------------------------------------------- 84

PART IV CONSTRUCTION PLANS

PART V APPENDICES

A – Environmental Permits B – State Prevailing Wages (Whatcom County) C – ACG/WSDOT Equipment Rental Agreement

D – Whatcom County Health and Safety Plan

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PART I

BID PROCEDURES AND CONDITIONS

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INVITATION TO BID

WHATCOM COUNTY PUBLIC WORKS

ENGINEERING DIVISION

BELLINGHAM, WASHINGTON

2026 SWIFT CREEK CHANNEL EXCAVATION

Sealed bid proposals will be received by Whatcom County at the office of Whatcom County ADS/Purchasing, 311 Grand Avenue, Suite 503, Bellingham, Washington 98225, (360) 778-

5330, UNTIL:

2:30 p.m. TUESDAY the 21st of July 2026 for the 2026 Swift Creek Channel Excavation, Work Order No. 21055 and as more completely described herein. The bids will be publicly opened and read after 2:30 p.m. on the 21st of July, 2026.

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NOTICE TO BIDDERS

Whatcom County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Copies of plans and specifications are on file in the office of Whatcom County ADS/Purchasing, 311 Grand Avenue, Suite 503, Bellingham, Washington 98225. All bid- and project-related questions must be directed in writing to Laura Vandervort at LVanderv@co.whatcom.wa.us and copy Ben Floyd at BFloyd@co.whatcom.wa.us. All questions must be received by 4 p.m. July 15th, 2026. Replies will be issued to those contractors appearing on the Plan Holders List at Whatcom County Administrative Services - Purchasing.

Electronic copies of maps, plans and specifications can be downloaded at no charge on the Whatcom County Purchasing website at https://www.whatcomcounty.us/Bids.aspx.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check or surety bond in an amount equal to five (5) percent of the amount of such bid proposal. Should the successful Bidder fail to enter into such contract and furnish satisfactory performance (contract) bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Whatcom County.

Whatcom County reserves the right to accept a proposal of the bidder submitting the lowest responsible bid, to reject any or all bids, republish the call for bids, revise or cancel the work to be performed, or do the work otherwise, if in the judgment of the County Engineer the best interest of Whatcom County is served thereby. Whatcom County also reserves the right to postpone the bid award for a period of thirty (30) calendar days after bid opening, except that upon mutual consent of the lowest responsible bidder and Whatcom County, the 30-calendar day limit may be extended to allow legislative approval of the bid award.

mailto:LVanderv@co.whatcom.wa.us mailto:bfloyd@co.whatcom.wa.us https://www.whatcomcounty.us/Bids.aspx

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SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

PREPARATION OF PROPOSAL

Each bid proposal shall be submitted on the forms included in the "Bid Proposal Forms" section following. All blank spaces on the forms shall be completed in ink or be typewritten. Any omission of prices for items included on the Bid form, or any addition in writing to the form of the bid proposal or any condition, limitation or provision not officially invited in these contract documents may render the proposal as being incomplete or modified and may become cause for rejection of the bid.

All bid prices shall be shown in the designated locations under the corresponding headings on the "Bid" form. The unit, extended unit, or lump sum price for each bid item shall include, as shown on the "Bid" form complete under each heading, all costs for labor, materials, tools, equipment, overhead, profit, and all taxes. No additional compensation for these items shall be allowed except through an approved change order as provided for in these contract documents.

The sum shown for the Bid “Total” (total bid price) shall be the amount for which the Bidder offers to perform and which the bidder agrees to accept for the work described in these documents. At the option and direction of Whatcom County, work may be added or deleted in accordance with the contract provisions hereunder.

Bidders shall fill in and complete the information requested on the "Bidder Identification" form.

Bid proposals shall be signed in full by the person or persons legally authorized to bind the bidder to a contract. A bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A bid submitted by an agent shall have attached a current power of attorney certifying the agent's authority to bind the Bidder. The name of each person signing shall be typed or printed below the signature.

BID PROPOSAL DEPOSIT

As a guarantee of good faith and as required by law, each bid shall be accompanied by a bid bond in the form of a certified check, bank cashier’s check, or surety bond, in accordance with the provisions of Section 1-02.7 of the Standard Specifications and shall be made payable to Whatcom County. A surety bond shall be submitted on the bid bond form in the Bid Proposal Forms section following.

In the event of the withdrawal of this bid proposal after the receipt and opening of bid proposals, or the failure of the Bidder to enter into a contract and give the required contract bond and insurance certification within 20-calender days after the date of contract award, the Bidder shall be liable to Whatcom County for the amount of five (5) percent of the total amount of the bid as liquidated damages due to the default of the Bidder.

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SUBMITTAL OF PROPOSAL

The completed Bid Proposal Forms and any other documents required in accordance with the Special Provisions shall be submitted to the office of Whatcom County Administrative Services – Purchasing, 311 Grand Avenue, Suite 503, Bellingham WA 98225 in an opaque envelope marked:

Proposal for Contract (Name of Bidder) Project: 2026 Swift Creek Channel Excavation Whatcom County, Washington

Work Order No. 21055

Bid proposals shall be deposited at the designated location prior to the date and time for receipt of bid proposals as indicated in the "Invitation to Bid,” or such revised date as may be specified by an addendum.

No oral, telephone or electronically submitted bids or modifications will be considered.

All responses, received on time and at the correct place, will be opened in a public format via Zoom immediately following collection of all submittals received by the deadline time. All interested people are invited to attend the live solicitation opening via Zoom as follows:

Join the meeting from your computer, tablet or phone:

Join Zoom Meeting:

https://us06web.zoom.us/j/84126397248

Meeting ID: 841 2639 7248

One tap mobile

+12532050468, 84126397248# US

INTERPRETATIONS AND CORRECTIONS

If the Bidder finds any discrepancy in, or omission from the specifications or plans, or if there is any doubt as to their meaning, the Bidder shall promptly notify the County Design Engineer. Written addenda to clarify questions that arise will then be issued. All interpretation or explanations of the Contract Documents shall be in the form of an addendum and no oral statements by the Owner, Engineer, or other representative of the Owner shall, in any way, modify the Contract Documents, whether made before or after letting the Contract.

Any addenda issued during the time of bidding will be numbered consecutively and will be incorporated into these contract documents. The Bidder shall be responsible to ascertain, prior to submittal of a bid proposal that all addenda issued have been received and are acknowledged on the "Bid Proposal Signature and Addendum Acknowledgment" form. Addendums will only be issued to those contractors appearing on the Plan Holders List at Whatcom County Administrative Services - Purchasing. It will be the responsibility of the contractor to ensure their name appears on the Plan Holders List.

https://us06web.zoom.us/j/84126397248

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BID PROPOSAL FORMS

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BID PROPOSAL

for

WORK ORDER NO. 21055

DATE: July 21, 2026

TO: Whatcom County Executive and Council

Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225

Gentlepersons:

This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: “2026 Swift Creek Channel Excavation, Work Order No. 21055” Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Plans," and "Appendices," governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below.

The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents.

The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3).

2026 Swift Creek Channel Excavation BID RESPONSE FORM

WORK ORDER NO. 21055 Bidder__________________________

ITEM

NO.

SECTION ITEM DESCRIPTION

ESTIMATED

QUANTITY

UNIT

MEASURE

UNIT PRICE

IN FIGURES

EXTENDED PRICE

IN FIGURES

1 1-09.7 Mobilization 1 LS $____________ $____________

2 1-07.15 SPCC Plan 1 LS $____________ $____________

3 1-10 Project Temporary Traffic Control 1 LS $____________ $____________

4 1-07.4(2) NOA Health and Safety Program 1 LS $____________ $____________

5 1-07.5(4) Fugitive Dust Prevention and Control Plan 1 LS $____________ $____________

6 1-07.5(4) Perimeter Air Monitoring 15 DAY $____________ $____________

7 2-02 Removing Existing Silt Fence 50 LF $____________ $____________

8 2-05 Channel Excavation Incl. Haul 10,000 CY $____________ $____________

9 2-05 Shaping and Capping of Sediment Stockpiles 10,000 SY $____________ $____________

10 2-05 Imported Hog Fuel Cap Material 560 CY $____________ $____________

11 2-07 Water 75 MGAL $____________ $____________

12 2-07 Lignin 50 TON $____________ $____________

13 8-01 Erosion/ Water Pollution Control 1 DOL $6,000.00 $6,000.00

14 8-01.3(1)B ESC Lead 15 DAY $____________ $____________

15 8-01.3(7) Tire Wash 1 EA $____________ $____________

16 8-05 Temporary Stream Crossing 1 LS $____________ $____________

17 8-15.3(6) Quarry Spalls 320 TON $____________ $____________

18 8-26 Unanticipated Site Improvements 1 DOL $10,000.00 $10,000.00

Subtotal (Bid Items 1 - 18)

Sales Tax (8.9%)

TOTAL BID AMOUNT (Incl. Sales Tax) mfidler Text Box 2026 Swift Creek Channel Excavation 10

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BID CERTIFICATION of COMPLIANCE with

WAGE PAYMENT STATUTES

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (July 8, 2026), the bidder is not a “willful” violator, as defined in RCW 49.48.082, 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 judgment 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’s Business Name

Signature of Authorized Official*

Printed Name

Title

Date

City

State

Check One:

Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐

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.

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PROPOSAL FOR INCORPORATING RECYCLED

MATERIALS INTO THE PROJECT

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NON-COLLUSION DECLARATION

WORK ORDER NO. 21055

I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct:

1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted.

2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration.

NOTICE TO ALL BIDDERS

To report bid rigging activities call:

1-800-424-9071

The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities.

The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

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BIDDER IDENTIFICATION

The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows:

Firm Name:

Address:

Telephone:

Contractor's WA Registration Number:

Contractor’s WA UBI Number:

Contractor's WA Employment Security Department Number:

Contractor’s WA Excise Tax Registration Number:

The Firm submitting this proposal is a: Sole Proprietorship Partnership Corporation

The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows:

Name (printed) Title

Name (printed) Title

Name (printed) Title

Name (printed) Title

NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid.

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BID PROPOSAL SIGNATURE and ADDENDUM

ACKNOWLEDGMENT

The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project.

CASH IN THE AMOUNT OF

CERTIFIED CHECK DOLLARS

CASHIER’S CHECK ($ ) PAYABLE TO WHATCOM COUNTY

PROPOSAL BOND IN THE AMOUNT OF 5% OF THE BID.

Receipt is hereby acknowledged by addendum(s) No.(s) ______, ______, & ______

SIGNATURE OF AUTHORIZED OFFICIAL(S)

(PROPOSAL MUST BE SIGNED)

(Seal)

FIRM NAME:

STATE OF WASHINGTON )

) ss.

COUNTY OF WHATCOM )

On this day of _______________, 20 , before me personally appeared to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof.

NOTARY PUBLIC, in and for the State of Washington, residing at:

My Commission Expires:

This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the County will be cause for considering the proposal irregular and for subsequent rejection of the bid.

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we , of , as principal, and the a corporation duly organized under the laws of the State of_________________ and having its principal place of business at in the State of Washington, as Surety, are held and firmly bound unto Whatcom County in the full and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents.

The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for 2026 Swift Creek Channel Excavation, Work Order No. 21055 bid proposal, by reference thereto, being hereby made a part hereof.

NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of ten (10) days from and after said award, exclusive of the day of such award, then its obligation to pay the above-mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect.

SIGNED AND SEALED this day of____________________, 20____.

Principal By (Seal)

Surety By Attorney-In-Fact

The Attorney-in-fact who executes this bond on behalf of the surety company, must attach a copy of his power-of attorney as evidence of his authority.

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SUBCONTRACTOR LIST

Prepared in Compliance with RCW 39.30.060, as amended.

To be submitted with, or as a supplement to, the Bid Proposal for 2026 Swift Creek Channel Excavation, Work Order No. 21055, as applicable, and in accordance with RCW 39.30.060:

Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical, as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void.

If RCW 39.30.060 requires proof of license, the license number of that Subcontractor is required.

To the extent the Project includes one or more categories of work referenced in RCW 39.30.060, and no subcontractor is listed below to perform such work, the bidder certifies that the work will either (i) be performed by the bidder itself, or (ii) be performed by a lower tier subcontractor who will not contract directly with the bidder.

If no Subcontractor is listed below, the Bidder acknowledges that it does not intend to use any Subcontractor to perform those items of work.

CATEGORY OF WORK NAME OF FIRM License # (If Required)

HVAC

Plumbing

Electrical*

Structural Steel Installation

Rebar Installation

* Bidders are notified that it is the opinion of the enforcement agency that PVC or metal conduit, junction boxes, etc, are considered electrical equipment and therefore considered part of electrical work, even if the installation is for future use and no wiring or electrical current is connected during the project.

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PART II

SPECIFICATIONS AND CONDITIONS

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INTRODUCTION TO THE SPECIAL PROVISIONS

(January 4, 2024 APWA GSP, Option A)

The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2025 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work.

These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply.

The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example:

(March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (May 1, 2013 Whatcom County GSP)

Project specific special provisions are labeled without a date as such:

Also incorporated into the Contract Documents by reference are:

• Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any

• Standard Plans for Road, Bridge and Municipal Construction, WSDOT Manual M21-01, current edition

Contractor shall obtain copies of these publications, at Contractor’s own expense.

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DIVISION 1

GENERAL REQUIREMENTS

DESCRIPTION OF WORK

(March 13, 1995) This Contract provides for the improvement of *** activities related to the management of Swift Creek sediment, channel excavation, sediment stockpiling and capping,*** and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications.

The sediment of Swift Creek contains naturally occurring asbestos (NOA) and appropriate handling and safety regulations will apply. Swift Creek sediment containing NOA has been identified on existing and unsurfaced roads, including roads required to access the Project Area.

The project is funded using local funds.

1-01 Definitions and Terms

1-01.3 Definitions (January 19, 2022 APWA GSP)

Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following:

Dates

Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids.

Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work.

Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract.

Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins.

Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract.

Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date.

Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date.

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Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete.

Supplement this Section with the following:

All references in the Standard Specifications or WSDOT General Special Provisions, to the terms “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”.

All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise.

All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”.

All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted.

Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid.

Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work.

Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1- 08.5.

Contract Bond The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond.

Contract Documents See definition for “Contract”.

Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed.

Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal.

Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins.

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Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic.

1-02 Bid Procedures and Conditions

1-02.1 Prequalification of Bidders Delete this section and replace it with the following:

1-02.1 Qualifications of Bidder (February 17, 2026 APWA GSP, Option A)

Before award of a public works contract, a Bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project.

1-02.2 Plans and Specifications

(June 27, 2011 APWA GSP) Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work.

After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below:

To Prime Contractor Format Basis of Distribution Reduced plans (11" x 17") PDF Furnished automatically upon award.

Contract Provisions

PDF Furnished automatically upon award.

Large plans (e.g., 22" x 34") PDF Furnished only upon request.

Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor’s own expense.

1-02.4 Examination of Plans, Specifications, and Site of Work

1-02.4(1) General (December 30, 2022 APWA GSP Option B)

The first sentence of the ninth paragraph, beginning with “Prospective Bidder desiring…”, is revised to read:

Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by close of business 4 business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids.

2026 Swift Creek Channel Excavation 24

1-02.5 Proposal Forms

(July 31, 2017 APWA GSP) The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date;

and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, and signature; the bidder’s UDBE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor’s Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form.

The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified.

1-02.6 Preparation of Proposal

(January 4, 2024 APWA GSP 1-02.6, Option B)

Supplement the second paragraph with the following:

4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated.

5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid.

Delete the last two paragraphs, and replace them with the following:

The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms.

The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner.

A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign).

A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any DBE requirements are to be satisfied through such an agreement.

A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any DBE requirements are to be satisfied through such an agreement.

2026 Swift Creek Channel Excavation 25

Add the following new section:

1-02.6(1) Recycled Materials Proposal (January 4, 2016 APWA GSP)

The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions.

1-02.7 Bid Deposit Supplement Section 1-02.7 with the following:

(March 8, 2013 APWA GSP) Bid bonds shall contain the following:

1. Contracting Agency-assigned number for the project;

2. Name of the project;

3. The Contracting Agency named as obligee;

4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded;

5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature;

6. The signature of the surety’s officer empowered to sign the bond and the power of attorney.

If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions.

If so stated in the Contract Provisions, cash will not be accepted for a bid deposit.

1-02.9 Delivery of Proposal

Delete the first two paragraphs and replace them with the following:

Each Proposal shall be submitted as stated in the Bid Procedures and Conditions, or as otherwise required in the Bid Documents, to ensure proper handling and delivery.

1-02.10 Withdrawing, Revising, or Supplementing Proposal Delete this Section 1-02.10, and replace it with the following:

(July 23, 2015 APWA GSP) After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if:

1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and

2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and

3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals.

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If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn.

Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable.

1-02.13 Irregular Proposals (November 21, 2025 APWA GSP)

1. A Proposal will be considered irregular and will be rejected if:

a. The Bidder is not prequalified when so required;

b. The Bidder adds provisions reserving the right to reject or accept the Award, or enter into the Contract;

c. A price per unit cannot be determined from the Bid Proposal;

d. The Proposal form is not properly executed;

e. The Bidder fails to submit or properly complete a subcontractor list as required in

Section 1-02.6;

f. The Bidder fails to submit the Bidder Questionnaire, if applicable, as required by

Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; or

g. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation.

2. A Proposal may be considered irregular and may be rejected if:

a. The Proposal does not include a unit price for every Bid item;

b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency;

c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered;

d. The completed Proposal form contains unauthorized additions, deletions, alternate

Bids, or conditions;

e. Receipt of Addenda is not acknowledged;

f. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or

g. If Proposal form entries are not made in ink.

1-02.14 Disqualification of Bidders

(May 17, 2018 APWA GSP, Option A) A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended.

The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves the right to request documentation as needed from the Bidder and third parties concerning the Bidder’s compliance with the mandatory bidder responsibility criteria.

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If the Contracting Agency determines the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency’s determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two (2) business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination.

1-02.15 Pre Award Information (December 30, 2022 APWA GSP)

Revise this section to read:

Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder:

1. A complete statement of the origin, composition, and manufacture of any or all materials to be used,

2. Samples of these materials for quality and fitness tests,

3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work,

4. A breakdown of costs assigned to any bid item,

5. Attendance at a conference with the Engineer or representatives of the Engineer,

6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located.

7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder.

1-03 Award and Execution of Contract

1-03.1 Consideration of Bids

Revise the first paragraph to read:

After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond.

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1-03.1(1) Identical Bid Totals

After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be the Bidder with an equal lowest bid, that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal.

If those percentages are also exactly equal, then the tie-breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked “unsuccessful”. The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw.

1-03.3 Execution of Contract (January 4, 2024 APWA GSP Option B)

Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to the Contracting Agency. The Bidder shall send the contact information, including the full name, email address, and phone number, for the authorized signer and bonding agent to the Contracting Agency.

Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency.

Within 14 calendar days after the award date, the successful bidder shall return the signed Contracting Agency-prepared contract, an insurance certification as required by Section 1- 07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15.

Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency.

If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it.

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1-03.4 Contract Bond Delete the first paragraph of Section 1-03.4 and replace it with the following:

(July 23, 2015 APWA GSP) The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall:

1. Be on Contracting Agency-furnished form(s);

2. Be signed by an approved surety (or sureties) that:

a. Is registered with the Washington State Insurance Commissioner, and

b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner,

3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure:

a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or

b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work;

4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and

5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and

6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president).

1-03.7 Judicial Review

All decisions made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction.

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1-04 Scope of the Work

1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda

Revise the second paragraph to read:

Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth):

1. Addenda,

2. Proposal Form,

3. Special Provisions,

4. Contract Plans,

5. Standard Specifications,

6. Contracting Agency’s Standard Plans or Details (if any), and

7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction.

1-04.4 Changes (January 19, 2022 APWA GSP)

The first two sentences of the last paragraph of Section 1-04.4 are deleted.

1-05 Control of Work

1-05.4 Conformity with and Deviations from Plans and Stakes

Supplement this section with the following:

County Supplied Survey

The following survey tasks will be performed, if applicable, by the County for the project:

1. Verify primary horizontal survey control;

2. Staking of clearing limits & fill limits;

3. Staking of Right-of-Way and existing monuments;

4. Slope staking;

5. Staking of roads and grading;

6. Tying out of existing survey monuments;

7. Staking of storm sewers and catch basins;

8. Centerline or offsets to centerline of the structures; and

9. Generating volume and quantity comparisons and computing payment quantities.

The Contractor will be responsible to maintain the control staking. Any additional call out for resurveying for destruction of stakes will be paid to the County on a time and material basis to be deducted from monies due to the Contractor.

The Contractor shall protect existing Property Corner Monuments. Property corners destroyed during construction shall be replaced by a licensed surveyor at the Contractor’s expense.

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Electronic data/files, including CAD files, may be requested by the Contractor following Award of the Contract. The Contractor shall sign an electronic file transfer agreement prior to receiving files, and any files to be transferred will be provided “as is” and solely for the Contractor’s convenience.

1-05.7 Removal of Defective and Unauthorized Work Supplement this section with the following:

(October 1, 2005 APWA GSP) If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary.

If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public.

Direct or indirect costs incurred by the Contracting Agency…