CONTRACT DOCUMENTS

Birch Bay-Lynden Road & Blaine (SR-548) Road Intersection Improvements

CRP No. 906001

Fed Aid No. STBGUS-CRPUS-HSIP-9937(017)

Bid #26-58

CONSISTING OF

BID PROCEDURES AND CONDITIONS

SPECIFICATIONS AND CONDITIONS

CONTRACT FORMS

CONTRACT PLANS

APPENDICES

October 2026

Douglas W. Ranney II, P.E.

County Engineer

Doug Ranney

Digitally signed by Doug Ranney Date: 2026.10.19 12:54:23 -07'00'

TABLE OF CONTENTS

PART I BID PROCEDURES AND CONDITIONS

Invitation to Bid

Notice to Bidders

Supplemental Instructions to Bidders

Bid Proposal Forms

Bid Proposal

Recycled Materials Proposal

Certification of Compliance with Wage Payment Statues

Non-Collusion Declaration

Bidder Identification

Signature and Addendum Acknowledgement

Bid Bond

Subcontractor List

Bidder Questionnaire

PART II SPECIFICATONS AND CONDITIONS

Special Provisions

PART III CONTRACT FORMS

Contract

Contract Bond

PART IV PLANS

PART V APPENDICIES

A – Federal Prevailing Wage Rates

B – State Prevailing Wage Rates

C – Required Federal Aid Provisions

D – AGC/WSDOT Equipment Rental Agreement

E – Geotechnical Engineering Report

F – Monitoring and Inadvertent Discovery Plan

G – Developer Project Manual – Birch Bay Water and Sewer District

H – Permit(s)

Whatcom County Permits

Dept. of Ecology Construction Stormwater General Permit

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

PART I

BID PROCEDURES AND CONDITIONS

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

INVITATION TO BID

WHATCOM COUNTY

PUBLIC WORKS

ENGINEERING DIVISION

BELLINGHAM,

WASHINGTON

Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements

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 pm., TUESDAY, the 17th day of November, 2026 for the Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements, CRP No. 906001 and as more completely described herein. The bids will be publicly opened and read after 2:30 p.m. on the 17th day of November, 2026

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 Zoom Meeting:

https://us06web.zoom.us/j/84126397248 Meeting ID: 841 2639 7248 One tap mobile

+12532050468,,84126397248# US

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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 Andrew Tischleder at atischle@co.whatcom.wa.us and cc Joshua Cihak at jcihak@co.whatcom.wa.us.

Electronic copies of maps, plans and specifications can be downloaded at no charge on the Whatcom County Purchasing website at https://www.co.whatcom.wa.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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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: Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection

Improvements Whatcom County, Washington

Federal Aid No. STBGUS-CRPUS-HSIP-9937(017)

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 Zoom Meeting:

https://us06web.zoom.us/j/84126397248 Meeting ID: 841 2639 7248 One tap mobile

+12532050468,,84126397248# US

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

BID PROPOSAL FORMS

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

BID PROPOSAL FOR

Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements

DATE: Tuesday, November 17, 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: “Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements, CRP No. 906001” Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Contract 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.

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).

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Certification of Compliance with Wage Payment Statutes

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date of October 21, 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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

NON-COLLUSION DECLARATION

Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements, 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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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

List the names and titles of those individuals in your organization who are authorized to execute proposals, contracts, bonds, and other documents and/or instruments on behalf of the organization. Specify if more than one signature is required.

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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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

__________________, 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 Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements, CRP No. 906001 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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

SUBCONTRACTOR LIST

Prepared in Compliance with RCW 39.30.060, as amended.

This form shall be submitted with, or as a supplement to, the Bid Proposal for Bid #26-58 Birch Bay-Lynden Rd & Blaine (SR-548) Rd Intersection Improvements, CRP No. 906001, as applicable, and in accordance with RCW 39.30.060:

Failure to submit the required subcontractor names and corresponding license information, as specified below and in accordance with RCW 39.30.060, will render the bid non-responsive and therefore void.

a) With the bid submittal at the published bid submittal time, the names of the subcontractors including license numbers as applicable, with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work; and

b) Within forty-eight hours after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of structural steel installation and rebar installation.

If a Subcontractors List is submitted as a supplement after the bid submittal time as described above, the list must be delivered to:

Whatcom County AS-Finance Attn: Sara Winger, Senior Purchasing Coordinator 311 Grand Ave Ste 503 Bellingham, WA, 98225

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, by signing this Bid Proposal, 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.

CATEGORY OF WORK SUBCONTRACTOR NAME LICENSE NUMBER, 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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

PART II

SPECIFICATIONS AND CONDITIONS

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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, 2026 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 WCPW GSP)Agency Special Provision

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

Whatcom County Development Standards

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

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Division 1 General Requirements

(March 13, 1995 WSDOT GSP) This Contract provides for the improvement of *** the stop-controlled intersection of Birch Bay-Lynden Road and Blaine (SR-548) Road by reconstructing the intersection with a roundabout including curb, gutter, sidewalks; stormwater conveyance reconstruction;

new permanent signage; and illumination. *** and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications.

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.

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

Supplement this Section with the following:

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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 B)

Before award of a public works contract, a Bidder must meet at least the minimum qualifications of RCW 39.04.350(1)(b-g) 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 No. of Sets Basis of Distribution

Reduced plans (11" x 17") *** 2 *** Furnished automatically upon award.

Contract Provisions

*** 2 *** Furnished automatically upon award.

Large plans (e.g., 22" x 34")

*** 1 *** 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(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:

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by close of business *** 5 *** business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids.

1-02.5 Proposal Forms (February 17, 2026 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. Bids shall be in legible figures (not words) written in ink or typed and expressed in U.S. dollars. 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.

Preparation of Proposal

1-02.6 Preparation of Proposal (February 17, 2026 APWA GSP, Option B)

Revise the fourth paragraph to read:

Subcontractor’s List The Bidder shall submit with the Bid the completed Subcontractor List included in the Contracting Agency Proposal Package. If a Subcontractor List Form is not included in the package, use DOT Form 271-015LP. The Form shall contain the following:

1. Subcontractors who will perform the Work of structural steel installation, rebar installation, heating, ventilation, air conditioning, and plumbing as described in RCW 18.106 and electrical as described in RCW 19.28.

2. The Work those subcontractors will perform on the Contract as described in RCW 39.04.350(1)(b-g), and

3. No more than one subcontractor for each category of Work identified, except, when subcontractors vary with Bid alternates, in which case the Bidder shall identify which subcontractor will be used for which alternate.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

1-02.6 Preparation of Proposal (February 17, 2026 APWA GSP, Option C)

The first sentence of the second paragraph is revised to read as follows:

All prices shall be in legible figures (not words) written in ink or typed, and expressed in U.S. dollars.

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.

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 bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture.

Section 1-02.6 is supplemented with the following:

(October 5, 2026 WSDOT GSP) Bidder Questionnaire The Bidder shall submit with their Bid a Bidder Questionnaire form (WSDOT Form #272-022).

This shall be filled out for each firm who submitted a bid or quote in attempt to participate in the project whether they were successful or not and include the following information:

1. Firm name;

2. Firm address including ZIP code;

3. Firm’s status as a DBE or non-DBE;

4. NAICS code applicable to each scope of work the firm sought to perform in its bid;

5. Age of the firm; and

6. The annual gross receipts of the firm. The Bidder may obtain this information by asking each firm to indicate into what gross receipts bracket they fit (less than $1

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements million; $1-3 million; $3-6 million; $6-10 million; $10-20 million; $20-30.72 million; or greater than $30.72 million) rather than requesting an exact figure from the firm.

This form shall be received at the same location and no later than the time required for the delivery of the Proposal. This form is meant to provide the Contracting Agency with the above information so reasonable care shall be taken to complete the form as accurately as possible, and the questionnaire shall be corrected by the Bidder if requested by the Contracting Agency.

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

Revise the third sentence of the first paragraph to read:

For projects that are selected by the Contracting Agency to be Bid electronically, the proposal bond may be in either a physical format, or an electronic format via *** not accepted electronically***.

Supplement this section with the following:

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 (November 21, 2025 APWA GSP, Option A)

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

GENERAL

Each Proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery.

Proposals that are received as required will be publicly opened and read as specified in Section 1-02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals or received in a location other than that specified in the Call for Bids. The Contracting Agency will not open or consider any “Supplemental Information” that is received after the time specified, or received in a location other than that specified in the Call for Bids.

If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received at the office designated for receipt of bids as specified in Section 1-02.12 the time specified for receipt of the Proposal will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which the normal work processes of the Contracting Agency resume.

Supplemental bid information submitted after the Proposal submittal but within 48 hours of the time and date the Proposal is due, shall be submitted in a sealed envelope labeled the same as for the Proposal, with “Supplemental Information” added.

All other information required to be submitted with the Bid Proposal must be submitted with the Bid Proposal itself, at the time stated in the Call for Bids.

1-02.10 Withdrawing, Revising, or Supplementing Proposal

Delete this section, and replace it with the following:

After submitting a physical or an electronic bid, if allowed under 1-02.9, 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, if a physical Bid Proposal was submitted, or recalled electronically via electronic method described in 1-02.9 if an electronic Bid Proposal was submitted, 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.

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 before the time set for receipt of Bid Proposals, then its bid shall be considered withdrawn.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Requests to withdraw, revise, or supplement a Bid Proposal may be submitted by the following methods:

1. In person at 311 Grand Avenue, Suite 503, Bellingham, WA 98225

1-02.13 Irregular Proposals (October 5, 2026 APWA GSP)

Delete this Section and replace it with the following:

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; or

f. 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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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 business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination.

1-03.1 Consideration of Bids (December 30, 2022 APWA GSP)

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.

1-03.1(1) Identical Bid Totals

Revise this section to read:

After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be the Bidder that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal, if required. If those percentages are also exactly equal or if the form was not required, 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 alphabetical order by the name of the firm. 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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

1-03.3 Execution of Contract (February 17, 2026 APWA GSP, Option A)

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 *** 20 *** 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, if required, any of the following: pre-Award information required by the Contracting Agency as listed under Section 1-02.15, proof of licensure for electrical, HVAC, or plumbing subcontractors. If the Prime Contractor lists themselves as performing electrical, HVAC, or plumbing they are required to submit proof of licensure prior to execution.

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.

1-03.4 Contract Bond (July 23, 2015 APWA GSP)

Delete the first paragraph and replace it with the following:

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:

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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.

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.

Birch Bay‐Lynden Rd & Blaine (SR‐548) Rd Intersection Improvements

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

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

1-04.4(1) Minor Changes (May 30, 2019 APWA GSP)

Delete the first paragraph and replace…