Bid Docs_Barrington Dr Overlay Project.pdf

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SE Barrington Dr Overlay Project
Solicitation number
ENG-25-05
Issued by
Island County, Washington

About this file

This is a bid document for the City of Oak Harbor, Washington, for the SE Barrington Dr Overlay Project. The project involves the improvement of approximately 0.60 miles of SE Barrington Drive from WA SR-20 to SE 8th Avenue through pavement overlay and associated improvements. Work includes planing existing surfaces, placing and compacting 2-inch thickness of fiber-reinforced hot mix asphalt (HMA), removal and replacement of sidewalk/curb and gutter, ADA curb ramp installation, pedestrian rectangular rapid flashing beacon installation, high-performance pavement marking tape installation, surface restoration, and traffic control. The project scope encompasses comprehensive street and pedestrian safety improvements designed to modernize this public road corridor.

The document contains bidding instructions, technical specifications, and contract terms for qualified contractors to submit proposals for the overlay work. Specific response dates, due dates, site visit requirements, and bidders' meetings are outlined within the document to guide contractor participation. Award and contract commencement timelines, pricing structures, and any applicable set-asides or funding sources are addressed in the bid documentation to establish clear expectations for project execution and completion.

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Specifications, Proposal, and Contract

Documents for:

SE BARRINGTON DRIVE OVERLAY

PROJECT

Project No. ENG-25-05

CITY OF OAK HARBOR

DEPARTMENT OF PUBLIC WORKS

1400 NE 16TH AVENUE

OAK HARBOR, WA 98277-4605

JULY 2026

SCOPE OF WORK

SE BARRINGTON DRIVE OVERLAY PROJECT

#ENG-25-05

SE Barrington Drive (from WA SR-20 to SE 8th Avenue) - The work provides for the improvement of approximately 0.60 miles of a public road within the City of Oak Harbor by planing existing surfaces, placing and compacting 2-inch thickness of fiber reinforced HMA, sidewalk/curb & gutter removal and replacement, ADA curb ramp installation, pedestrian rectangular rapid flashing beacon installation, installation of high-performance pavement marking tape, surface restoration, traffic control and other work. All work shall be in conformance with the Contract Plans, Contract Provisions, and the 2026 Standard Specifications for Road, Bridge and Municipal Construction.

Schedule: This project shall be physically completed within 25 working days after the commencement date stated in the Notice to Proceed.

Measurement & Payment: Each item will be per the bid proposal.

TABLE OF CONTENTS

SE BARRINGTON DR OVERLAY PROJECT

CALL FOR BIDS .................................................................................. CB-1 – CB-2

PART 1. BID PROPOSAL DOCUMENTS

BIDDER’S CHECKLIST.................................................................................... BP-1 BID PROPOSAL ..................................................................................... BP-2 – BP-7 BID PROPOSAL BOND .................................................................................... BP-9 NON-COLLUSION AFFIDAVIT ......................................................................BP-10

CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT …….….... BP-11

PART 2. AGREEMENT AND BONDS

COVER SHEET & AGREEMENT .........................................................AB-1 – AB-4 PERFORMANCE BOND ...................................................................... AB-5 – AB-6 LABOR & MATERIAL PAYMENT BOND ......................................... AB-7 – AB-8

AFFIDAVIT OF INDUSTRIAL INSURANCE COMPLIANCE ........................ AB-9

INSURANCE COVERAGE QUESTIONNAIRE.............................................. AB-10

LETTER OF EMPLOYMENT OF SUBCONTRACTOR ................................. AB-11

PART 3. SPECIAL PROVISIONS ........................................................................... SP-1 – SP-109

PART 4. PLANS ................................................................................................. 12 Plan Sheets

APPENDICES

APPENDIX A – Washington Prevailing Wage Rates APPENDIX B – City of Oak Harbor Inadvertent Discovery Protocol (IDP) APPENDIX C – Standard Details

CALL FOR BIDS

Sealed proposals will be received by the undersigned at the City of Oak Harbor, 865 SE Barrington Drive, Oak Harbor, Washington 98277-3280 up to but not later than 2:00 p.m. local time on Thursday, August 13, 2026 for furnishing the necessary labor, materials, equipment, tools, and guarantees thereof to perform the SE BARRINGTON DR OVERLAY PROJECT. At the time and date stated above, the proposals will be publicly opened and read aloud. Proposals are to be submitted only on the forms provided with the Specifications. Contract award will be made to the lowest, responsible, and responsive bidder based on the bid schedule.

Contractors are invited to submit bids for the SE BARRINGTON DR OVERLAY PROJECT in Oak Harbor, Washington. The work provides for the improvement of approximately 0.60 miles of a public road within the City of Oak Harbor by planing existing surfaces from WA SR-20 to SE 8th Avenue, placing and compacting 2-inch thickness of fiber reinforced HMA, sidewalk/curb & gutter removal and replacement, ADA curb ramp installation, pedestrian rectangular rapid flashing beacon installation, installation of high-performance pavement marking tape, surface restoration, traffic control and other work. All work shall be in conformance with the Contract Plans, Contract Provisions, and the 2026 Standard Specifications for Road, Bridge and Municipal Construction.

The work shall be completed within 25 (twenty-five) working days after the commencement date stated in the Notice to Proceed. All bidding and construction are to be performed in compliance with the request for the Proposal, Plans, Specifications, and Contract for this project and any addenda issued thereto which are on file at the office of the City Clerk, City Hall, City of Oak Harbor, Washington. The estimated cost for this project is in the range of $775,000 to $875,000.

Complete details of the plans, specifications and submittal requirements are available on-line at https://www.oakharbor.gov/Bids.aspx or obtained at City of Oak Harbor Public Works Department, 1400 NE 16th Avenue, Oak Harbor, WA 98277-4605.

Contractors who download plans and specifications are advised to e-mail splace@oakharbor.org to be added to plan holders list to receive any addenda that may be issued.

The City of Oak Harbor reserves the right to reject any or all bids, to waive irregularities or informalities in the bid or in the bidding, to accept any alternate bids, and to make such award that it deems to be in its best interest and pursuant to the terms of the General Conditions.

Each bid must be accompanied by a cashier's check, money order or surety bid bond in the amount of not less than five percent (5%) of the total bid, made payable to the City of Oak Harbor. A Performance Bond as well as a Labor and Material Payment Bond will be required with the Contract.

https://www.oakharbor.gov/Bids.aspx mailto:splace@oakharbor.org

No bidder may withdraw its bid after the hour set for opening thereof or before award of contract, which normally occurs within 45 calendar days after bid opening.

The City of Oak Harbor reserves the right to postpone the award for a period of 60 calendar days after bid opening. Bid securities of the three lowest bidders will be held by the City of Oak Harbor until official award of the contract.

Inquiries should be directed to The City of Oak Harbor; Phillip Esqueda, Capital Project Manager, via email at pesqueda@oakharbor.org

The City of Oak Harbor in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full 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.

(Signed) JULIE NESTER City Clerk

Published:

Whidbey News-Times Seattle Daily Journal of Commerce Washington State Office of Minority & Women’s Business Enterprises Builders Exchange of Washington City of Oak Harbor Webpage mailto:pesqueda@oakharbor.org

PART 1.

BID PROPOSAL DOCUMENTS

BIDDERS’ CHECKLIST

Bidders must bid on all items contained in the proposal.

The omission or deletion of any bid item will be considered non-responsive and shall be cause for rejection of the bid.

The bidder’s attention is especially called to the following forms which must be completed in full and submitted collectively with Bid Proposal package.

___1. PROPOSAL FORM

___2. BIDDER’S IDENTIFICATION AND CONTACT INFORMATION

___3. WORK ALLOCATION AND LIST OF SUBCONTRACTORS

___4. ACKNOWLEDGEMENT OF ADDENDA (ON BID PROPOSAL)

___5. POWER-OF-ATTORNEY FOR SURETY’S AGENT TO EXECUTE

BIDDER’S BOND (NOTARIZED)

___6. BID BOND - Cash, Certified Check or Bid Bond through a Surety Company.

___7. NON-COLLUSION AFFIDAVIT - Notarized

___8. CERTIFICATE OF COMPLIANCE WITH WAGE PAYMENT STATUTES

The following contract forms are to be executed and submitted within ten (10) calendar days after issuance of the Notice of Award:

___1. CONTRACT - This agreement is to be executed by the successful bidder.

___2. PERFORMANCE BOND

To be executed by the successful bidder and its surety company.

___3. LABOR AND MATERIAL PAYMENT BOND

To be executed by the successful bidder and its surety company.

___4. PROOF OF INSURANCE AND QUESTIONNAIRE

Copy of policy and appropriate endorsements on forms provided or other form acceptable to the City. The City of Oak Harbor must be named as additional insured.

___5. LETTER OF EMPLOYMENT OF SUBCONTRACTOR

The contractor shall complete the attached form.

SPECIAL NOTE: Prior to commencing work, the contractor and all subcontractors must have applied and paid for a City of Oak Harbor business license.

BP - 1

BID PROPOSAL

SE BARRINGTON DRIVE OVERLAY PROJECT

Project No: ENG-25-05

To: City of Oak Harbor

865 SE Barrington Drive Oak Harbor, Washington 98277-3280

The undersigned, hereinafter called the Bidder, has examined the Work site(s), local condition, the Contract Documents, and all applicable laws and regulations covering the Work. The following unit and lump sum prices are tendered as an offer to perform the Work in accordance with all of the requirements set forth in the Contract Documents and all applicable laws and regulations.

After the date and hour set for submitting the Proposals, no bidder may withdraw its Proposal, unless the Award of the contract is delayed for a period exceeding 60 consecutive calendar days.

The Bidder agrees that in the event it is awarded the contract for the Work, it shall employ only contractors and Subcontractors that are duly licensed by the State of Washington and remain so at all times they are in any way involved with the Work.

The Bidder agrees that the City of Oak Harbor, hereinafter called the Owner, reserves the right to reject any or all Proposals and to waive any minor irregularities and informalities in any Proposal.

The Bidder agrees that the Owner reserves the right to Award the contract to the lowest responsible, responsive bidder whose Proposal is in the best interests of the Owner. The Owner will determine at the time of Award of the Contract which Base Bid Schedules and Alternative Bid Schedules, if any, will be included in the Contract.

BP - 2

BID SCHEDULE

Note: Unit prices for all items, all extensions, and the total amount of the bid must be shown. All entries must me typed or entered in ink.

Item No. Bid Item Spec Ref Unit Est

Qty Unit Price Extension

1 MINOR CHANGE 1-04.4(1) CALC 1 $15,000 $15,000

2 ADA FEATURES

SURVEYING 1-05.4 LS 1

3 ROADWAY SURVEYING 1-05.4 LS 1

4 RECORD DRAWINGS

(MIN. BID $1,000) 1-05.18 LS 1

5 MOBILIZATION, CLEANUP,

AND DEMOBILIZATION 1-09.7 LS 1

6 PROJECT TEMPORARY

TRAFFIC CONTROL 1-10.5 LS 1

7 PORTABLE CHANGEABLE

MESSAGE SIGN (PCMS) 2-04.5(2) HR 1,920

EROSION CONTROL/

WATER POLLUTION

PREVENTION

8-01.5 LS 1

9 REMOVAL OF STRUCTURES

AND OBSTRUCTIONS 2-02 LS 1

10 CLEARING AND GRUBBING 3-01.5 LS 1

11 ROADWAY EXCAVATION

INC. HAUL 3-03.5 CY 50

12 PAVEMENT REPAIR

EXCAVATION INCL. HAUL 5-04.5 SY 275

13 HMA FOR PAVEMENT

REPAIR CL. ½ IN. PG 58H-22 5-04.5 TON 100

14 CRUSHED SURFACING TOP

COURSE 4-05.5 TON 30

15 PLANING BITUMINOUS

PAVEMENT – 2 IN. 5-4.3(14) SY 13,250

16 HMA CL. 1/2 IN. PG 58H-22

(2 IN. THICK) 5-04.5 TON 1,550

HMA FIBER

REINFORCEMENT

ADDITIVE

9-02.5 LS 1

18 SHOULDER FINISHING 4-05.3(11) MI 0.2

19 PERMANENT SIGNING 8-21 LS 1

RECTANGULAR RAPID

FLASHING BEACON

SYSTEM

8-20SP LS 1

21 CEMENT CONC. CURB

RAMP 8-14 EA 11

BP - 3

Item No. Bid Item Spec Ref Unit Est

Qty Unit Price Extension

22 DETECTABLE WARNING

SURFACE 8-14.5 SF 110

23 CEMENT CONC. SIDEWALK 8-14 SY 135

24 CEMENT CONC. TRAFFIC

CURB AND GUTTER 8-04 LF 50

25 CEMENT CONC.

PEDESTRIAN CURB 8-14 LF 220

26 REINFORCED CEMENT

CONC. TRAFFIC CURB 8-04.3 LF 50

27 WHEEL STOP 8-07 EA 1

HIGH PERFORMANCE

MARKING TAPE – STOP

BAR 12 IN.

8-22.5 LF 120

HIGH PERFORMANCE

MARKING TAPE –

CROSSWALK 24 IN.

8-22.5 LF 1,200

HIGH PERFORMANCE

MARKING TAPE – 4IN. LINE

(WHITE)

8-22.5 LF 3,350

HIGH PERFORMANCE

MARKING TAPE – 8 IN. LINE

(WHITE)

8-22.5 LF 2,750

HIGH PERFORMANCE

MARKING TAPE – 4 IN. LINE

(YELLOW)

8-22.5 LF 9,250

33 RAISED PAVEMENT

MARKER TYPE 2 8-22.5 HUN 0.80

34 PLASTIC – BIKE LANE

SYMBOL & ARROW 8-22.5 EA 16

35 PLASTIC – SHARROW

SYMBOL 8-22.5 EA 17

36 PLASTIC – TRAFFIC ARROW 8-22.5 EA 12

PLASTIC ACCESS PARKING

SPACE SYMBOL WITH

BACKGROUND

8-22.5 EA 1

TOTAL BID AMOUNT: $_______________________________________________________

(Washington State Sales Tax 0% per W.S. Revenue Rule 171)

TOTAL PROJECT BID AMOUNT WRITTEN IN WORDS: _________________________

BP - 4

BIDDER IDENTIFICATION AND CONTACT INFORMATION

Contractor Name:

Business Address:

Business Phone:

Contact Person for this Project:

Email Address:

Washington State Contractor’s Registration Number:___________________________________

Contractor’s Industrial Insurance Account Number: ____________________________________

Employment Security Identification Number: _________________________________________

Uniform Business Identification (UBI) Number: ______________________________________

BP - 5

PROPOSAL – Continued

WORK COMPLETED BY CONTRACTOR

List the Work and the dollar amount thereof that the Contractor will complete with its forces, if awarded the contract.

Work to be Performed Dollar Amount

PROPOSED SUBCONTRACTORS

List all other Subcontractors and their Washington State Department of Licensing contractor’s Registration No. that will be used on the Work if you are awarded the contract, together with the work to be performed. This information shall be provided to the Owner and Engineer at the time of the bid opening.

Work to be Performed Subcontractor (Name and Registration No.)

BP - 6

ADDENDA RECEIVED

Addendum No. Date Received Name of Recipient

NOTE: Contractor is responsible for verifying the actual number of addenda issued prior to submitting a Proposal.

Subject to any extensions of the Contract Time granted under the Contract Documents, the undersigned agrees to physically complete the Work required under this contract within 25 (twenty-five) working days after the commencement date stated in the Notice to Proceed.

The undersigned has reviewed and fully understands the provisions in the Contract Documents regarding liquidated damages and agrees that liquidated damages for each and every working day required beyond the Contract Time for physical completion until the Physical Completion Date is achieved.

The undersigned’s Washington State Department of Labor and Industries Workman’s Compensation Account No. is .

The undersigned has reviewed all insurance requirements contained in the Contract Documents and has verified the availability of and the undersigned’s eligibility for all required insurance. The undersigned verifies that the cost for all required insurance has been included in this Proposal.

The undersigned waives its immunity under applicable Workman’s Compensation Statues including, but not limited to, R.C.W. Title 51. This waive has been specially negotiated by the parties, which is acknowledged by the undersigned in signing this Proposal.

By signing the proposal, the undersigned declares, under penalty of perjury under the laws of the United States and the State of Washington, that the following statements are true and correct:

1. That the undersigned person(s) or entity(ies) 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.

BP - 7

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

The undersigned agrees that the Owner is authorized to obtain information from all references included herein.

Proposal Signature:

Print Company Name

By:

Print Name

Sign Name

Title

Date

BP - 8

BID BOND

Herewith find deposit in the form of (_) check, (_) cashier’s check, (_) cash, or (_)bid bond for the amount of $___________________, which amount is not less than five percent (5%) of the total bid.

Signature

KNOW ALL MEN BY THESE PRESENTS:

That we, __________________________, as Principal, and _________________________, Surety, are held and firmly bound unto the City of Oak Harbor, as Obligee, in the penal sum of ______________________________________________________________________Dollars, 5% of Maximum Bid Amount That Could Be Awarded for the payment of which the Principal and Surety bid themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for Project Name: SE BARRINGTON DR OVERLAY PROJECT Contract #: ENG-25-05

According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety of Sureties approved by the Obligee; or, if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond.

SIGNED AND DATED THIS ________DAY OF ______________, 2026.

PRINCIPAL SURETY

By________________________________ By_____________________________

Title______________________________ Title____________________________

Power of Attorney By

BP - 9

NON-COLLUSION AFFIDAVIT

STATE OF WASHINGTON )

) ss

COUNTY OF ISLAND )

, being first duly sworn, on his/her oath stated the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to themselves an advantage over any other bidder or bidders.

Contractor

Subscribed and sworn to before me this day of , 2026.

Notary Public in and for the State of Washington residing in

BP - 10

Certification of Compliance with Wage Payment Statutes

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Thursday, August 13, 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.

BP - 11

PART 2.

AGREEMENT AND BONDS

INFORMATION ONLY

The following forms must be executed and submitted by the successful bidder within ten (10) calendar days following the

Notice of Award.

CONSTRUCTION CONTRACT COVER SHEET

Contract Parties: City of Oak Harbor and ______________________________________

Contract Reference: SE Barrington Drive Overlay Project #ENG-25-05

Description of Work: The work provides for the improvement of approximately 0.60 miles of SE

Barrington Drive by planing existing surfaces from WA SR-20 to SE 8th Avenue, placing and compacting 2-inch thickness of fiber reinforced HMA, sidewalk/curb & gutter removal and replacement, ADA curb ramp installation, pedestrian rectangular rapid flashing beacon installation, installation of high-performance pavement marking tape, surface restoration, traffic control and other work. All work shall be in conformance with the Contract Plans, Contract Provisions, and the 2026 Standard Specifications for Road, Bridge and Municipal Construction.

Contract Amount: $__________________________________________________________

Contract Period: 25 (twenty-five) working days

AGREEMENT

THIS AGREEMENT is entered into by and between the CITY OF OAK HARBOR (hereinafter called the Owner) and _____________________________________________ hereinafter called the Contractor).

The Owner and the Contractor agree as follows:

ARTICLE 1. WORK.

The work provides for the improvement of approximately 0.60 miles of SE Barrington Drive by planing existing surfaces from WA SR-20 to SE 8th Avenue, placing and compacting 2-inch thickness of fiber reinforced HMA, sidewalk/curb & gutter removal and replacement, ADA curb ramp installation, pedestrian rectangular rapid flashing beacon installation, installation of high-performance pavement marking tape, surface restoration, traffic control and other work. All work shall be in conformance with the Contract Plans, Contract Provisions and 2026 Standard Specifications for Road, Bridge and Municipal Construction.

ARTICLE 2. CONTRACT TIME.

The Contractor shall be substantially complete with the work within 25 (twenty-five) working days (the Physical Completion Date) of a date specified in the Notice to Proceed.

ARTICLE 3. ROAD CLOSURE

No Road Closures will be allowed without prior approval from the Engineer.

ARTICLE 4. CONTRACT PRICE.

The Owner shall pay the Contractor the amount(s) set forth in the Proposal (in United States dollars) for completion of the Work in accordance with the Contract Documents.

ARTICLE 5. CONTRACT DOCUMENTS.

The Contract Documents, which comprise the entire agreement between the Owner and the Contractor concerning the Work, consists of the following:

A. Invitation to Bid, as published by the City.

B. Any written Change Orders, additions or deletions, if any, issued by the City after the effective date of this Agreement.

C. Addenda numbers __________, inclusive.

D. This Agreement and contract form;

AB - 2

E. The Contractor’s Proposal including the bid, bid schedule(s), information required of Bidder, and all required certificates and affidavits.

F. The Performance Bond and the Labor and Material Payment Bond.

G. Special Provision.

H. Construction Drawings for SE BARRINGTON DR OVERLAY PROJECT – ENG-25-05.

I. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2026 Edition.

J. City of Oak Harbor Standard Details.

K. Appendices A, B, C, inclusive;

In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any document having a larger number in the numerical order set forth above. Provided, however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, these standard specifications have a numerical order as shown above.

There are no Contract Documents other than those listed in this Article 5. The Contract Documents may be amended only in writing by Addendum, Change Order or Change Directive as provided in the Contract Documents.

ARTICLE 6. MISCELLANEOUS.

No assignment of any of the Contractor’s rights under or interests in the Contract Documents, including but not limited to rights to payment, will be allowed without the prior written consent of the Owner. Unless specifically stated in a written consent to an assignment, no assignment will release or discharge the Contractor-assignor from any duty or responsibility under the Contract Documents.

The Contract Documents are binding upon the Owner and the Contractor, and their respective partners, successors, assigns and legal representatives.

AB - 3

ARTICLE 7. INDEMNIFICATION

The Contractor shall defend indemnify and hold the City, its officers, officials, employees and volunteers harmless from any claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City.

Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement.

IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF OAK HARBOR CONTRACTOR

By By

Date Title

Attest

Address for giving notices:

License No.

Agent for service of process:

AB - 4

PERFORMANCE BOND

We ______________________________ as Principal, and ___________________________ as Surety, jointly and severally bind ourselves, our heirs, successors and assigns as set forth herein to CITY OF OAK HARBOR (hereinafter called the Owner) for payment of the penal sum of $____________________ (US), lawful money of the United States of America in connection with the Owner’s award to the Contractor of a Contract for construction (“Contract”) of the following project:

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor shall in all respects faithfully perform all obligations and provisions in the said Contract, this obligation shall become null and void; otherwise, it shall remain in full force and effect, and Surety shall defend and indemnify Owner against any loss or damage due to the failure of the Principal to strictly perform all obligations of the Contract.

This bond shall remain in force for a period of at least two years after the Substantial Completion Date of the project, with respect to defective workmanship and materials, and shall otherwise secure all other obligations of the Contractor throughout any other periods of limitation.

This bond is provided pursuant to and in compliance with R.C.W. Chapter 39.08, the terms and requirements of which statute are incorporated herein as though fully set forth.

Surety agrees that no change, extension of time, modification, or addition to the terms of the Contract, or the Work to be performed hereunder, or to the Specifications shall in any way affect its obligation on this bond, and it hereby waives notice thereof.

The Contractor and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be jointly and severally liable to pay the Owner reasonable attorneys’ fees, costs and expenses incurred, with or without suit, in addition to the penal sum.

Surety certifies that it is an authorized surety bond issuer, properly authorized to transact surety business in Washington. Surety agrees to be bound by the laws of the State of Washington and subject itself to the jurisdiction of the courts or the State of Washington.

AB - 5

PERFORMANCE BOND – Continued

Executed in for original counterparts on , 2026.

CONTRACTOR

(Title)

(Attach acknowledgement of authorized representative of Contractor).

Any claims under this bond made in accordance with R.C.W 39.08 may be addressed to;

(Name and address of Surety)

(Name and address of Surety’s agent of process in Washington if different from above)

(Telephone No. of Surety’s Washington agent)

(Attach acknowledgment) __________________________________________ Surety

Its Attorney-in-Fact

NOTICE:

Sureties must be authorized to conduct surety business in Washington and have an agent for service of process in Washington. Certified copy of Power of Attorney must be attached.

AB - 6

LABOR AND MATERIAL PAYMENT BOND

We ______________________________ as Principal, and _________________________ as Surety, jointly and severally bind ourselves, our heirs, successors and assigns as set forth herein to CITY OF OAK HARBOR (hereinafter called the Owner) for payment of the penal sum of $____________________ (US), lawful money of the United States in connection with the Owner’s award to the Contractor of a Contract for construction (“Contract”) of the following project.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor shall in all respects faithfully perform all obligations and provisions in the said Contract, and pay all laborers, mechanics, Subcontractors, materialmen, taxing authorizes and all persons who supply such person or persons or Subcontractors with material, equipment and supplies for the carrying on of such Work, this obligation shall become null and void; otherwise, it shall remain in full force and effect, and Surety shall defend and indemnify Owner against any loss or damage due to the failure of the Principal to strictly perform all obligations of the Contract.

This bond shall remain in force until completion of the project and acceptance by the Owner, and also for such period thereafter during which the law allows claims to be filed and sued upon.

This bond is provided pursuant to and in compliance with R.C.W. Chapter 39.08, the terms and requirements of which statute are incorporated herein as though fully set forth.

Surety agrees that no change, extension of time, modification, or addition to the terms of the Contract, or the Work to be performed hereunder, or to the Specifications shall in any way affect its obligation on this bond, and it hereby waives notice thereof.

The Contractor and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be jointly and severally liable to pay the Owner reasonable attorneys’ fees, costs and expenses incurred, with or without suit, in addition to the penal sum.

Surety certifies that it is an authorized surety bond issuer, properly authorized to transact surety business in Washington. Surety agrees to be bound by the laws of the State of Washington and subject itself to the jurisdiction of the courts or the State of Washington.

AB - 7

LABOR & MATERIAL PAYMENT BOND – Continued

Executed in for original counterparts on , 20 .

(Title)

(Attach acknowledgement of authorized representative of Contractor).

Any claims under this bond made in accordance with R.C.W 39.08 may be addressed to;

(Name and address of Surety)

(Name and address of Surety’s agent of process in Washington if different from above)

(Telephone No. of Surety’s Washington agent)

(Attach acknowledgment) _______________________________________________ Surety

Its Attorney-in-Fact, NOTICE:

Sureties must be authorized to conduct surety business in Washington and have an agent for service of process in Washington. Certified copy of Power of Attorney must be attached.

AB - 8

AFFIDAVIT OF INDUSTRIAL INSURANCE COMPLIANCE

STATE OF WASHINGTON )

) SS.

COUNTY OF )

Being first duly sworn, on her/his oath states that all payments of Industrial Insurance and Medical Aid have been made for all workers, either directly employed by the Contractor or employed under subcontract, who have performed work on the: SE BARRINGTON DR OVERLAY PROJECT #ENG-25-05 for the CITY OF

OAK HARBOR.

Subscribed and sworn to before me this day of , 2026.

Notary Public in and for State of Washington, residing at

My commission expires:

AB - 9

NOTE: THIS QUESTIONNAIRE MUST BE COMPLETED AND ATTACHED TO

CERTIFICATE OF INSURANCE.

INSURANCE COVERAGE QUESTIONNAIRE

For : ___________________________________________________________________________ (Name of Insured)

Project Title: SE BARRINGTON DR OVERLAY PROJECT #ENG-25-05

Project Owner: CITY OF OAK HARBOR

Is the following coverage and/or conditions in effect?

Yes No The Policy form is ISO Commercial General Liability form CG 20 10 10 01 (circle ONE). If no, attach a copy of the policy with required coverage clearly identified.

The Owner, its officials, officers, employees and volunteers are additional insured’s as Respects (a) activities performed for the Owner by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises, owned, leased, or used by the Named Insured.

Products Completed operation coverage.

Personal Injury Liability Coverage Broad Form Damage with X, C U Hazards included.

Blanket Contractual Liability coverage applying to this Contract or Contractual Liability Coverage applying to this Contract

Employers Liability – Stop Gap 30 days written notice of cancellation to the City

Deductibles Or SIRS GL AL Excess

Insurer’s Best Rating GL AL Excess

This questionnaire is issued as a matter of information. This questionnaire is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies indicated on the attached Certificate of Insurance.

Agency/Broker Completed by (type)

Address Completed by (Signature)

Name of person to contact Telephone Number

AB - 10

LETTER OF EMPLOYMENT OF SUBCONTRACTOR

_________________________, 2026

TO:

City of Oak Harbor 865 SE Barrington Drive Oak Harbor, Washington 98277-3280

Re: Contract No. ENG-25-05

Dear Sir:

We, the undersigned, request permission of the City of Oak Harbor to employ a Subcontractor in order to fully perform the Work covered by the terms of that written Contract made and executed by and between the City of Oak Harbor and ourselves, _____________________________________________ on the __________ day of ____________________, 2026, designated as Contract No. ENG-25-05

We intend to employ the firm of:

A.

B.

C.

for the purpose of performing the following described Work, and represent and warrant that the Work shall be performed by said Subcontractors, in a good and workmanlike manner and under our direct supervision. We further represent and warrant that the Work to be performed by them constitutes approximately percent of the total dollar value of said Contract.

Very truly yours, Contractor

AB - 11

PART 3.

GENERAL SPECIAL PROVISIONS

SPECIAL PROVISIONS

Supplement to the 2026 WSDOT Standard Specifications PAGE

CITY OF OAK HARBOR PROJECT NO. ENG-25-05

SPECIAL PROVISIONS

Table of Contents 1 Introduction to the Special Provisions .................................................................................... 5 3 DIVISION 1 - General Requirements ................................................................................... 6 4 Description of Work ............................................................................................................... 6 5 1-01 Definition and Terms ...................................................................................................... 6 6 1-02 Bid Procedures and Conditions ..................................................................................... 8 7

1-02.1 Prequalification of Bidders...................................................................................... 8 8 1-02.2 Plans and Specifications ........................................................................................ 8 9 1-02.4 Examination of Plans, Specifications, and Site Work ............................................... 9 10 1-02.5 Proposal Forms ....................................................................................................... 9 11 1-02.6 Preparation of Proposal .......................................................................................... 9 12 1-02.7 Bid Deposit ........................................................................................................... 10 13 1-02.9 Delivery of Proposal .............................................................................................. 10 14 1-02.10 Withdrawing, Revising, or Supplementing Proposal ............................................ 11 15 1-02.13 Irregular Proposals .............................................................................................. 12 16 1-02.14 Disqualification of Bidders ................................................................................... 12 17 1-02.15 Pre-Award Information ........................................................................................ 13 18

1-03 Award and Execution of Contract ................................................................................. 13 19 1-03.1 Consideration of Bids ............................................................................................ 13 20 1-03.3 Execution of Contract ............................................................................................ 14 21 1-03.4 Contract Bond ....................................................................................................... 14 22 1-03.7 Judicial Review ..................................................................................................... 15 23

1-04 Scope of the Work ....................................................................................................... 15 24 1-04.1 Intent of the Contract............................................................................................. 15 25 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and 26 Addenda .......................................................................................................................... 16 27 1-04.4 Changes ............................................................................................................... 16 28 1-04.4(1) Minor Changes ................................................................................................. 16 29 1-04.6 Variation in Estimated Quantities ........................................................................... 16 30

1-05 Control of Work............................................................................................................ 17 31 1-05.4 Conformity with and Deviations from Plans and Stakes ........................................ 17 32

Contractor Surveying - Roadway .................................................................................. 17 33 Contractor Surveying – ADA Features .......................................................................... 19 34

1-05.7 Nonconforming Work............................................................................................. 20 35 1-05.11 Final Inspection ................................................................................................... 21 36 1-05.11 Final Inspections and Operational Testing ........................................................... 21 37

SE BARRINGTON AVE OVERLAY PROJECT

SPECIAL PROVISIONS

JULY 2026 SP-2

1-05.11(1) Substantial Completion Date ....................................................................... 21 1 1-05.11(2) Final Inspection and Physical Completion Date ........................................... 22 2 1-05.11(3) Operational Testing ...................................................................................... 22 3

1-05.12(1) Two-Year Guarantee Period ............................................................................ 23 4 1-05.13 Superintendents, Labor and Equipment of Contractor ......................................... 23 5 1-05.15 Method of Serving Notices .................................................................................. 24 6 1-05.16 Water and Power ................................................................................................ 24 7 1-05.17 Oral Agreements ................................................................................................. 24 8 1-05.18 Record Drawings ................................................................................................ 24 9

1-06 Control of Material ....................................................................................................... 26 10 1-06.6 Recycled Materials ................................................................................................ 26 11

1-07 Legal Relations and Responsibilities to the Public ....................................................... 26 12 1-07.1 Laws to be Observed ............................................................................................ 26 13 1-07.2 State Taxes ........................................................................................................... 27 14 1-07.7 Load Limits ........................................................................................................... 28 15 1-07.9 Wages ................................................................................................................... 29 16

1-07.15 Temporary Water Pollution/Erosion Control ............................................................ 29 17 1-07.15(1) Spill Prevention, Control, and Countermeasures Plan..................................... 29 18 1-07.17 Utilities and Similar Facilities ............................................................................... 30 19 1-07.18 Public Liability and Property Damage Insurance ................................................ 31 20

1-07.18 Insurance......................................................................................................... 31 21 1-07.24 Rights of Way ...................................................................................................... 34 22

1-08 Prosecution and Progress .......................................................................................... 35 23 1-08.0(1) Preconstruction Conference............................................................................. 35 24 1-08.0(2) Hours of Work .................................................................................................. 36 25 1-08.3 Progress Schedule ................................................................................................ 37 26 1-08.4 Prosecution of Work .............................................................................................. 37 27 1-08.4 Notice to Proceed and Prosecution of Work .......................................................... 37 28 1-08.5 Time for Completion .............................................................................................. 38 29 1-08.6 Suspension of Work .............................................................................................. 39 30 1-08.9 Liquidated Damages ............................................................................................. 40 31

1-09 Measurement and Payment ......................................................................................... 40 32 1-09.2(1) General Requirements for Weighing Equipment ............................................... 40 33 1-09.6 Force Account ....................................................................................................... 41 34 1-09.11 Disputes and Claims ........................................................................................... 42 35 1-09.13 Claims Resolution ............................................................................................... 43 36

DIVISION 2 - Temporary Features ..................................................................................... 45 37

SPECIAL PROVISIONS

JULY 2026 SP-3

2-01 Mobilization ................................................................................................................. 45 1 2-03 Public Convenience and Safety ................................................................................... 46 2

2-03.3(1) Construction Under Traffic ................................................................................ 47 3 2-04 Temporary Traffic Control............................................................................................. 48 4

Temporary Traffic Control Materials .............................................................................. 49 5 2-04.3(2) Traffic Control Plans.......................................................................................... 51 6 2-04.3(6) Traffic Control Devices ...................................................................................... 51 7 2-04.3(6)C Portable Changeable Message Sign .............................................................. 52 8

DIVISION 3 - Earthwork ..................................................................................................... 53 9 3-01 Clearing, Grubbing, and Roadside Cleanup................................................................. 53 10

3-01.3(2) Grubbing ........................................................................................................... 53 11 3-02 Removal of Structures and Obstructions ..................................................................... 53 12

3-02.3 Construction Requirements .................................................................................. 53 13 3-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters ..................................... 54 14 3-02.3(4) Sawcut Existing Pavement & Sidewalk ............................................................ 54 15

3-06 Watering ..................................................................................................................... 55 16 3-07 Structure Excavation .................................................................................................. 56 17 DIVISION 5 – Surface Treatments and Pavements .......................................................... 57 18 5-04 Hot Mix Asphalt ........................................................................................................... 57 19

5-04.2 Materials .............................................................................................................. 57 20 5-04.3 Construction Requirements .................................................................................. 60 21 5-04.3(1) Weather Limitations ......................................................................................... 60 22 5-04.3(2) Paving Under Traffic ........................................................................................ 60 23 5-04.3(3) Equipment ....................................................................................................... 60 24 5-04.3(3)B Hauling Equipment ........................................................................................ 61 25 5-04.3(3)C Pavers ........................................................................................................... 62 26 5-04.3(3)DMaterial Transfer Device or Material Transfer Vehicle...................................... 63 27 5-04.3(3)E Rollers ........................................................................................................... 63 28 5-04.3(4) Preparation of Existing Paved Surfaces ........................................................... 64 29 5-04.3(4)C Pavement Repair .......................................................................................... 65 30 5-04.3(7) Spreading and Finishing .................................................................................. 66 31 5-04.3(9) HMA Mixture Acceptance ................................................................................. 67 32 5-04.3(10) HMA Compaction Acceptance ........................................................................ 71 33 5-04.3(11) Reject Work ................................................................................................... 74 34 5-04.3(12) Joints ............................................................................................................. 75 35 5-04.3(13) Surface Smoothness...................................................................................... 76 36 5-04.3(14) Planing (Milling) Bituminous Pavement .......................................................... 77 37

SPECIAL PROVISIONS

JULY 2026 SP-4

5-04.3(14)B Paving and Planing Under Traffic ................................................................ 78 1 5-04.3(14)B2 Submittals – Planing Plan and HMA Paving Plan....................................... 79 2 5-04.3(14)B3 Pre-Paving and Pre-Planing Briefing ......................................................... 80 3 5-04.5 Payment ............................................................................................................... 82 4

Asphalt Cost Price Adjustment...................................................................................... 85 5 DIVISION 7 - Drainage Structures, Storm Sewers, Sanitary ........................................... 87 6 Sewers, Water Mains, and Conduits .................................................................................... 87 7 7-05 Manholes, Inlets, Catch Basins, and Drywells ............................................................. 87 8

7-05.3(1) Replacing and Adjusting Manholes and Catch Basins to Grade ........................ 87 9 7-12 Valves for Water System ............................................................................................. 88 10

7-12.3(2) Adjust Water Valve ........................................................................................... 88 11 DIVISION 8 - Miscellaneous Construction ....................................................................... 90 12 8-04 Curbs, Gutters, and Spillways...................................................................................... 90 13

8-04.3(3) Reinforced Cement Concrete Traffic Curb ........................................................ 90 14 8-04.5 Payment.................................................

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