For Construction of:

A STATE PROJECT

FACILITIES OFFICE

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TABLE OF CONTENTS

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DIVISION 00 BIDDING AND CONTRACT REQUIREMENTS

00 10 00 Licensed Architect and Engineer Approvals 00 11 00 Notice to Planholders 00 12 00 Notice of Date of Opening Bids 00 21 00 Instructions to Bidders for Publicly Advertised Facility Projects

00 41 00 Proposal Bond -------------------- [Informational Copy] 00 42 00 Proposal ---------------------------- [Informational Copy] 00 44 00 Proposal Signature Page ------- [Informational Copy] 00 45 00 Contract ---------------------------- [Informational Copy] 00 46 00 Contract Bond --------------------- [Informational Copy] 00 71 00 Index of Modifications to the General Conditions for Washington State Facilities Construction 00 72 00 General Conditions for Washington State Facilities Construction 00 73 00 Supplemental Conditions for Washington State Facilities Construction 00 74 00 Special Conditions for Washington State Facilities Construction

Wage Rates

DIVISION 01 GENERAL REQUIREMENTS

01 01 10 General Requirements Index 01 10 00 General Requirements

DIVISION 02 – EXISTING CONDITIONS

02 26 13 HAZARDOUS MATERIALS PROCEDURES

02 26 14 ORIGINAL DOCUMENTS

02 41 00 DEMOLITION

02 82 00 ASBESTOS ABATEMENT

02 83 00 LEAD CONTROLS

02 84 00 PCB CONTROLS (BALLASTS)

02 90 00 MERCURY-CONTAINING LIGHT AND COMPONENT REMOVAL

DIVISION 03 – CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 26 – ELECTRICAL

26 04 00 EXISTING ELECTRICAL SYSTEMS

26 04 01 ELECTRICAL DEMOLITION

DIVISION 31 – EARTHWORK

31 00 00 EARTHWORK

31 25 00 EROSION AND SEDIMENTATION CONTROLS

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 12 16 HOT MIX ASPHALT (ASPHALT PAVING)

32 13 13 EXTERIOR CONCRETE PAVING

32 31 13 CHAIN LINK FENCES AND GATES

DIVISION 33 – UTILITIES

33 00 00 UTILITIES

DRAWINGS

Refer to Drawing Index on Drawings

END OF TABLE OF CONTENTS

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NOTICE TO ALL PLANHOLDERS

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25W624

The Contracting Agency contact that will answer questions regarding these Bid Documents is:

Young Kim, Project Manager Washington State Department of Transportation Maintenance and Operations Programs Email: young.kim@wsdot.wa.gov

All pre-bid questions shall be sent, in writing by email to young.kim@wsdot.wa.gov. Oral explanations or instructions given before the award of a contract will not be binding.

A pre-bid conference and site walk-through will be held for this project on July 1, 2026, at the following time and location:

1:30 PM (Pacific Time) 5702 Capital Blvd. SE Tumwater, WA 98501-6703

Bidder attendance at the pre-bid conference and site walk-through is voluntary; however, it is highly recommended that bidders attend in order to familiarize themselves with the existing conditions and the scope of work detailed in the drawings and specifications.

mailto:young.kim@wsdot.wa.gov mailto:young.kim@wsdot.wa.gov

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NOTICE OF DATE OF OPENING BIDS

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Sealed bids are to be received at one of the following locations prior to the time Specified:

1. For projects scheduled for Bid opening in Olympia, the Proposal shall be sealed and submitted in the envelope provided with it to the address provided below or shall be submitted electronically via Bidx.com through AASHTOWare Project Bids™ software “BidExpress®.” The Bidder shall fill in all blanks on this envelope to ensure proper handling and delivery. Bids are to be received no later than 11:00:59 A.M. Pacific time on the date of Bid opening:

Washington State Department of Transportation Room A101

1655 2nd Ave SW Tumwater WA 98512

2. Electronically via Expedite software and BidX.com, until 11:00:59 A.M. Pacific Time. Bids delivered in person or electronically via Expedite software and BidX.com will be received only in the Bid Room on the bid opening date.

NOTE: Submitting bids electronically is available only to pre-qualified Contractors. The Contracting Agency office assigned to answer questions regarding pre-qualification is:

WSDOT Contract Ad and Award Office Room A101.

1655 2nd Ave SW Tumwater WA 98512

(360) 705-7837 http://www.wsdot.wa.gov/BIZ/contaa/PREQUAL/DEFAULT.HTM

The bid opening date for this project is July 22, 2026. Bids received will be publicly opened and read after 11:00:59 A.M. Pacific Time on this date.

Per the Instructions to Bidders, bidders must submit bids on original forms provided by the Contract Ad & Award office. To request a bid package, please call (360) 705-7835.

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INSTRUCTIONS TO BIDDERS FOR PUBLICLY ADVERTISED

PROJECTS REVISED MARCH 2026

PREFACE

These INSTRUCTIONS TO BIDDERS FOR PUBLICLY ADVERTISED FACILITY PROJECTS have been developed to serve as a procedure for the solicitation, submittal and evaluation of bids; and the award and execution of a Contract for construction of a Washington State Department of Transportation facility project.

PART 1 – BID PROCEDURES AND CONDITIONS

1.01 PLANS AND SPECIFICATIONS

The Contracting Agency will place review copies of the Plans and Specifications on file in the offices of:

1. All Regional Administrators of the Department;

2. The County Engineer of the county in which the Work is located; and

3. These plans service offices of the Associated General Contractors of America: Seattle, Spokane, and

Tacoma, Washington.

Prospective Bidders may purchase Plans and Specifications from the Department of Transportation for the fee indicated in the call for Bids. For more information, see https://wsdot.wa.gov/business-wsdot/how-do-business-us/public-works-contracts/howbid-contract. The fee shall accompany each request for Plans.

Checks shall be payable to the State of Washington, Department of Transportation.

After Award of the Contract, the Plans and Specifications will be issued without charge on the following basis:

To Prime Contractor No. of Sets Basis of Distribution

Reduced Plans (11”x 17”) and Project Manual

Additional reduced Plans (11” x 17”) and Project Manual

Large Plans (22” x 34”)

10 Furnished automatically upon Award

10 Furnished only upon request for projects with more than 100 plan sheets

1 Furnished automatically upon award

To Subcontractors and Suppliers No. of Sets Basis of Distribution

Reduced Plans (11”x 17”) and Project Manual 1 Furnished only upon request by the Prime Contractor for an approved Subcontractor or material supplier

Additional Plans may be purchased by payment of the current rates.

1.02 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK

The Bidder shall carefully examine the Bid Documents as defined in the General Conditions. Submittal of a Bid shall be conclusive evidence that the Bidder has made these examinations and understands all requirements for the performance of the completed Work. The Bidder further warrants, agrees, and acknowledges by submitting a Bid that it:

1. Has taken steps reasonably necessary to ascertain the nature and location of the Work;

INSTRUCTIONS TO BIDDERS FOR PUBLICLY ADVERTISED PROJECTS

REVISED MAY 2026

2. Has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to:

a. conditions bearing upon acquisition, transportation, disposal, handling, and storage of materials;

b. the availability of labor, materials, water, electric power, and roads;

c. uncertainties of weather, river stages, tides, or similar physical conditions at the site;

d. the conformation and condition of the ground;

e. the character of equipment and facilities needed preliminary to and during Work performance;

and

f. the site biological hazards and associated physical hazards.

3. Has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Work site as well as from the Bid Documents and other information made a part of this Contract; and

4. Has satisfied itself as to the adequacy of time allowed for the completion of the physical Work on the Contract.

Failure of the Bidder to take the actions described and acknowledged in this clause shall not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or from proceeding to successfully perform the Work without additional expense to the Contracting Agency.

The Bidder agrees that the Contracting Agency shall not be liable to it on claims for additional payment or additional time or any claim whatsoever if the claim directly or indirectly results from the Bidder’s failure to investigate and familiarize itself sufficiently with the conditions under which the Contract is to be performed.

The Bidder shall be familiar and comply with all Federal, State, tribal, and local laws, ordinances, and regulations which might affect those engaged in the Work. The Contracting Agency will not consider a plea of misunderstanding or ignorance of such requirements.

Bid prices shall reflect what the Bidder anticipates to be the cost of completing the Work, including methods, materials, labor, and equipment. Except as the Contract may provide, the Bidder shall receive no payment for costs that exceed those in the Bid prices.

Prospective Bidders are advised that projects with Work on or adjacent to water may require insurance coverage in compliance with:

1. The Longshoremen’s and Harbor Worker’s Compensation Act (administered by U.S. Department of Labor), or

2. The State Industrial Insurance (administrated by the Washington State Department of Labor and Industries), or

3. Both.

The Contractor shall bear all cost for such insurance.

No Claim shall be allowed because of any ambiguity in the Contract if:

1. The Bidder discovers an ambiguity but fails to notify the Contracting Agency;

or

2. The Bidder failed to discover a patent ambiguity that would be discovered by a reasonably prudent contractor in preparing its Bid.

Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing to Young Kim by email at young.kim@wsdot.wa.gov, 12 business days before the bid due date. Oral explanations, interpretations, or instructions given by anyone before the Award of a Contract will not be binding on the Contracting Agency. Information given a prospective Bidder concerning the Bid Documents will be furnished to all prospective Bidders

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as an Addendum if that information is deemed by the Contracting Agency to be necessary in submitting Bids or if the Contracting Agency concludes that the lack of the information would be prejudicial to other prospective Bidders.

Information provided by the Contracting Agency for inspection by the Bidders as Reference Information will be made available for inspection at the location specified in the Special Provisions. The availability of Reference Information from the Contracting Agency shall not relieve the Bidder or the Contractor from risks or their duty to make examinations and investigations as required by this section or other responsibility under the Contract or as may be required by law.

1.03 PROPOSAL FORMS

Bidders are authorized to access an electronic Proposal Form for submittal via Bidx.com through AASHTOWare Project Bids™ software “BidExpress®”. At the request of a Bidder, the Contracting Agency will provide a physical Proposal Form for any project on which the Bidder is eligible to Bid.

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 unit prices, extensions, the total Bid amount, signatures, date, acknowledgment of Addenda, and the Bidder’s address. The required certifications are included as part of the Proposal Form.

1.04 PREPARATION OF PROPOSAL

The Contracting Agency will accept only those Proposals properly executed on physical forms it provides, or electronic forms that the bidder has been authorized to access. Unless it approves in writing, the Contracting Agency will not accept Proposals on forms attached to the Plans and stamped “Informational”.

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

1. A lump sum amount (and/or extensions of unit prices) for each item (omitting digits more than four places to the right of the decimal point), and

2. The total Contract price (the sum of all the lump sum amounts, and/or extensions).

In the space provided on the signature sheet, the Bidder shall confirm that all Addenda have been received.

The Bidder shall submit with the Bid a Subcontractor List (WSDOT Form #271-015) containing 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, and

2. The Work those subcontractors will perform on the Contract and the proof of license when required as described in RCW 39.30.060.

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.

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

The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form (WSDOT Form 272-009). 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.

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Proposals of corporations shall be signed by the officer or officers having authority to sign them. If a Bidder is a copartnership, the Proposal shall be signed by an authorized member of the copartnership. When the Bidder is a joint venture, the Proposal shall be signed by one or more individuals as authorized by the Joint Venture.

1.05 BID DEPOSIT

A deposit of at least 5 percent of the total Bid shall accompany each Bid. This deposit may be cash, certified check, cashier’s check, or a proposal bond (Surety bond). 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 Surety2000. com or Tinubu.com and BidExpress®. When a physical Bid deposit or proposal bond is furnished to accompany an electronic Proposal Form, the Bid deposit shall be received by the Contracting Agency at the location specified for receipt of Bids prior to the time set for receipt of Bids. Proposal bonds shall be on a form acceptable to the Contracting Agency and shall be signed by the Bidder and the Surety. A proposal bond shall not be conditioned in any way to modify the minimum 5 percent required. The Surety shall: (1) be registered with the Washington State Insurance Commissioner, and (2) appear on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner.

The failure to furnish a Bid deposit of a minimum of 5 percent with the Bid or as a physical supplement to the electronic Proposal Form shall make the Bid nonresponsive and shall cause the Bid to be rejected by the Contracting Agency

1.06 NONCOLLUSION DECLARATION

When required by Section 112(c) Title 23, United States Code, a declaration shall be provided certifying that the Bidder has not taken part in collusion or other action that would restrain competitive Bidding.

The Code of Federal Regulations 23 CFR 635.112(f)(1) requires that: “Each Bidder shall file a sworn or unsworn statement executed by, or on behalf of the person, firm, association, or corporation submitting the Bid, certifying that such persons, firm, association, or corporation has not either directly or indirectly, entered into any agreement, participated in collusion, or otherwise taken action in restraint of free competitive Bidding in connection with the submitted Bid. Failure to submit the sworn or unsworn statement as part of the Bid Proposal package will make the Bid nonresponsive and not eligible for Award consideration”. In addition, 23 CFR 635.112(f)(1) requires that the Contracting Agency provide the form for the declaration to prospective Bidders and that the declaration shall be executed by such persons, firm, association, or corporation under penalty of perjury under the laws of the United States.

Therefore, by including the Non-collusion Declaration as part of the signed bid Proposal, the Bidder is deemed to have certified and agreed to the requirements of the Declaration

1.07 LOBBYING CERTIFICATION

Section 319 of Public Law 101-121 prohibits payment of Federal Funds for contract lobbying by the Contractor and any subcontractor whose contract exceeds $100,000. A Certification for Federal-Aid Contracts (WSDOT Form 272-040) is provided in the Proposal Form for Contracts exceeding $100,000 to address this requirement.

By signing the proposal, the Bidder will be deemed to have signed and agreed to the conditions and requirements of the Certification for Federal-Aid Contracts.

The Contractor shall ensure that a Certification for Federal-Aid Contracts (WSDOT Form 272-040) is included in every contract with any subcontractor whose contract exceeds $100,000. By signing the contract any subcontractor will be deemed to have signed and agreed to the conditions and requirements of the Certification for Federal-Aid Contracts. The Contractor shall keep evidence in their files that such subcontractor has committed to this requirement

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Section 319 of Public Law 101-121 also provides that, if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit to the Contracting Agency the current version of Standard Form LLL, DISCLOSURE OF LOBBYING ACTIVITIES, in accordance with the instructions on the form. All subcontractors whose contract exceeds $100,000 shall disclose in the same manner as the Contractor, except that, Standard Form LLL shall be submitted to the Contractor for processing to the Contracting Agency. Standard Form LLL is available for download at www.gsa.gov/reference/forms.

Audits will be conducted to ensure compliance with this section.

1.08 DELIVERY OF PROPOSAL

For projects scheduled for Bid opening in Olympia, the Proposal shall be sealed and submitted in the envelope provided with it to the address provided below or shall be submitted electronically via Bidx.com through AASHTOWare Project Bids™ software “BidExpress®.” The Bidder shall fill in all blanks on this envelope to ensure proper handling and delivery. Bids are to be received no later than until 11:00:59 A.M. Pacific time on the date of Bid opening:

Washington State Department of Transportation Room A101 1655 2nd Ave SW Tumwater WA 98512

For projects scheduled for Bid opening in other locations, the Proposal shall be sealed and submitted in the envelope provided with it at the location and time identified in the Special Provisions. The Bidder shall fill in all blanks on this envelope 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 a Proposal when the Proposal or Bid deposit is received after the time specified for receipt of Proposals or received in a location other than that specified for receipt of Proposals unless an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received.

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.

When a Bid deposit is furnished in a physical format as specified in Section 1-02.7 the Bid deposit shall be submitted in a sealed envelope marked as “BID SUPPLEMENT” and with the Bidder’s company name, project title, and Bid date.

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1.09 WITHDRAWING, REVISING, OR SUPPLEMENTING PROPOSAL

After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw or revise it if:

1. The Bidder submits a written request signed by an authorized person, and

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

The original physical Bid Proposal may be supplemented or revised and resubmitted as the official Bid Proposal if the Contracting Agency receives it before the time set for receipt of Proposals. Faxed Bid revisions and supplements will be accepted only if they are submitted in accordance with the “Example Format for Facsimile Bid Changes” instructions posted on the WSDOT website at https://wsdot.wa.gov/business-wsdot/ how-do-business-us/public-works-contracts/alerts-bulletins.

Unless specifically allowed in the Contract, emailed requests to withdraw, revise, or supplement a Proposal are not acceptable. The Contracting Agency is not responsible for delayed, partial, failed, illegible, or partially legible FAX document transmissions, and such documents may be rejected as incomplete at the Bidder’s risk.

The Contracting Agency will not accept requests to revise or withdraw electronic Bid Proposals. Such requests shall be furnished directly to BidExpress® and in accordance with their terms and conditions.

1.10 COMBINATION AND MULTIPLE PROPOSALS

A project may be organized for Bidding and construction by various methods to enable proposals to be submitted for combined projects or for the construction method specified. The Contracting Agency reserves the right to Award combined or separate Bids or by such other method deemed most advantageous to the Contracting Agency. Only those combined Bids specifically prescribed in the project Special Provisions will be accepted. If contracts are Awarded for combinations of projects, separate contracts will be written for each project included in the combination.

A Bidder submitting more than one Proposal at a letting may attach one of the following statements to each Proposal:

“We prefer to be Awarded not more than (Number) Contracts for projects for which we have submitted Bids at this letting;” or

“We prefer to be Awarded Contracts of a total value of not more than $____ for projects for which we have submitted Bids at this letting”.

Such attachments will not make the Proposals irregular. The Contracting Agency will Award each Contract to the lowest responsible Bidder but will consider such attachment in determining the responsibility of the Bidder to perform each Contract for which a statement has been attached.

1.11 PUBLIC OPENING OF PROPOSALS

Proposals will be opened and publicly read at the time indicated in the call for Bids unless the Bid opening has been delayed or canceled. Bidders, their authorized agents, and other interested parties are invited to be present.

If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be opened at the time indicated in the call for Bids the time specified for opening of Proposals will be deemed to be extended to the same time of day on the first workday on which the normal work processes of the Contracting Agency resume.

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1.12 IRREGULAR PROPOSALS

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

a. The Bidder is not prequalified;

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 (WSDOT Form 271-015), if applicable, as required in Section 1-02.6;

f. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Utilization Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6;

g. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder’s completed Disadvantaged Business Enterprise Utilization Certification that they are in agreement with the Bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions;

h. The Bidder fails to submit Disadvantaged Business Enterprise Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11;

i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272- 054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions;

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

k. The Bidder fails to submit a PWSVB Plan (WSDOT Form #226-018) if applicable, as required in Section 1- 02.6;

l. The Bidder fails to submit Written Confirmations (WSDOT Form #226-017) from each PWSBE or VOB firm listed on the Bidder’s completed PWSVB Plan that they are in agreement with the Bidder’s PWSVB participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions;

m. The Bidder fails to submit PWSVB Good Faith Effort documentation, if applicable, as required in Section 1- 02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11;

n. The Bidder fails to submit the Bidder Questionnaire (WSDOT Form #272-022), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions.

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.

1.13 DISQUALIFICATION OF BIDDERS

A Bidder may be deemed not responsible and the Proposal rejected if:

1. More than one Proposal is submitted for the same project from a Bidder under the same or different names;

REVISED MAY 2026

2. Evidence of collusion exists with any other Bidder. Participants in collusion will be restricted from submitting further Bids;

3. A Bidder is not prequalified for the Work or to the full extent of the Bid;

4. An unsatisfactory performance record exists based on past or current Contracting Agency Work;

5. There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work Bid upon;

6. The Bidder failed to settle bills for labor or materials on past or current Contracts;

7. The Bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract;

8. The Bidder is unable, financially or otherwise, to perform the Work;

9. A Bidder is not authorized to do business in the state of Washington; or

10. There are other reasons deemed proper by the Contracting Agency.

1.14 PRE-AWARD INFORMATION

Before Awarding a Contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible Bidder:

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

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

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

4. A breakdown of costs assigned to any Bid item;

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

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

PART 2 – AWARD AND EXECUTION OF CONTRACT

2.01 CONSIDERATION OF BIDS

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. The total of extensions, corrected where necessary, will be used by the Contracting Agency for Award purposes and to fix the amount of the Contract Bond.

The right is reserved by the Contracting Agency to waive informalities in the bidding, accept a Proposal of the lowest responsible Bidder, reject any or all Bids, republish the call for Bids, revise or cancel the Work, or require the Work to be done in another way if the best interest of the Contracting Agency is served.

A Bidder who wishes to claim error after the Bids have been publicly opened and read as required by RCW 47.28.090 shall promptly notify the Contracting Agency that an error occurred. The Bidder shall submit a notarized affidavit or declaration under penalty of perjury signed by the Bidder and accompanied by the work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award.

The affidavit or declaration shall describe the specific error(s) and certify that the work sheets are the ones used in preparing the Bid.

The affidavit or declaration shall be submitted no later than 5:00 p.m. on the first business day after Bid opening or the claim will not be considered. The Contracting Agency will review the affidavit or declaration and the certified work sheets to determine the validity of the claimed error and if the error is of the kind for which the law allows relief from forfeiture of the Bid deposit. If the Contracting Agency concurs in the claim of error and determines that the error is of the kind which allows relief from forfeiture, the Bidder will be relieved of responsibility and the Bid deposit of the Bidder will be returned. If the Contracting Agency does not concur in the error or determines that the error is not the kind for which the law allows relief, the Contracting Agency may Award the Contract and if the Bidder refuses to execute the Contract, the Bidder’s Bid deposit shall be forfeited as required by RCW 47.28.100.

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

2.02 AWARD OF CONTRACT

Normally, Contract Award or Bid rejection will occur within 45 calendar days after Bid opening. If the lowest responsible Bidder and the Contracting Agency agree, this deadline may be extended. If they cannot agree on an extension by the 45-calendar day deadline, the Contracting Agency reserves the right to Award the Contract to the next lowest responsible Bidder or reject all Bids. The Contracting Agency will notify the successful Bidder of the Contract Award in writing.

2.03 EXECUTION OF CONTRACT

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

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, and shall be registered as a contractor in the state of Washington.

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 Agencyfurnished sites. The Contractor shall bear all risks for Work begun outside such areas and for all 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 20 calendar days after the Award date, the Contracting Agency may grant up to a maximum of 20 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it.

2.04 CONTRACT BOND

The successful Bidder shall provide an executed Contract Bond for the full Contract amount. This Contract Bond shall:

1. Be on a Contracting Agency-furnished form;

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. Be conditioned upon the faithful performance of the Contract by the Contractor within the prescribed time;

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4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and rcw 47.; and

5. Guarantee that the Surety shall indemnify, defend, and protect the Contracting Agency against all claims of direct or indirect loss resulting from the failure:

a. Of the Contractor (or the employees or subcontractors) to faithfully perform the Contract; or

b. Of the Contractor (or the subcontractors) to pay all laborers, mechanics, all subcontractors, material persons, and all other persons who provides supplies or provisions for carrying out the Work.

The Contracting Agency may require Sureties or Surety companies on the Contract Bond to appear and qualify themselves. Whenever the Contracting Agency deems the Surety or Sureties to be inadequate, it may, upon written demand, require the Contractor to furnish additional Surety to cover all remaining Work. Until the added Surety is furnished, payments on the Contract will stop.

2.05 FAILURE TO EXECUTE CONTRACT

Failure to return the insurance certification and bond with the signed Contract, or failure to provide Disadvantaged, Minority or Women’s Business Enterprise information if required in the Contract, or failure or refusal to sign the Contract shall result in forfeiture of the proposal bond or deposit of this Bidder. If this should occur, the Contracting Agency may then Award the Contract to the second lowest responsible Bidder or reject all remaining Bids. If the second lowest responsible Bidder fails to return the required documents as stated above within the time provided after Award, the Contract may then be Awarded successively in a like manner to the remaining lowest responsible Bidders until the above requirements are met or the remaining Proposals are rejected.

2.06 RETURN OF BID DEPOSIT

When Proposals have been examined and corrected as necessary, proposal bonds and deposits accompanying Proposals ineligible for further consideration will be returned. All other proposal bonds and deposits will be held until the Contract has been properly executed. When the Contract has been properly executed, all remaining deposits or bonds, except those subject to forfeiture, will be returned.

2.07 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 Thurston County, Washington.

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A State Project

Thurston County

Sealed bids will be received by the Department of Transportation at the State Materials Laboratory (Room A101), 1655 South 2nd Ave SW, Tumwater, Washington 98512, until 11:00:59 AM, or via AASHTOWare Project Bids™ software and BidExpress® until 11:00:59 AM Pacific Time, on the date scheduled for opening bids.

INFORMATIONAL COPY

Proposal Bond of as principal, and the a corporation duly organized under the laws of the state of , and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the State of Washington in the full sum of five ( 5) percent of the total amount of 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, firmly by these presents.

The condition of this bond is such, that whereas the principal herein is herewith submitting his or its sealed proposal for the following highway construction, to wit:

said bid and proposal, by reference thereto, being made a part hereof.

NOW, THEREFORE, If the said proposal bid by 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 a contract bond as required by the Department of Transportation and RCW 39.08 et seq.

then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

IN TESTIMONY WHEREOF, The principal and surety have caused these presents to be signed and sealed this ___________ day of __________ _

(Principal)

(Surety)

(Attorney-in-fact)

DOT Form 272-001 EF Revised 01/2020

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Washington State Department of Transportation regardi

Public Works Small and Veteran Business Plan

To be eligible for Award of this Contract, the Bidder shall fill out and submit, a Public Works Small and Veteran Business Plan (PWSVB Plan) no later than the time specified for the Delivery of Proposals in accordance with 1-02.9. The PWSVB Plan shall indicate Public Works Small Business Enterprise (PWSBE) and Veteran-Owned-Business (VOB) Participation. The Contracting Agency shall consider as non-responsive and shall reject any Bid Proposal that does not contain this PWSVB Plan which documents the PWSVB firms to be used to meet the PWSVB participation requirements. Incorrectly filled out forms may be considered non-responsive. If a firm is both a Public Works Small Business Enterprise and a Veteran-Owned Business please look at the instructions in the last page for guidance.

Box 1: certifies that the PWSVB firm(s) listed below have been contacted ng participation on this project. If the Bidder listed here is successful in being awarded the Contract, the Bidder shall assure that subcontracts are executed with those firms listed below for the dollar amounts and scope shown.

Project Name:

LIST PWSBE COMMITMENTS HERE

Column 1A

Name of Public Works Small Business

Enterprise

Column 2A

Project Role

Column 3A

Bid Items Column 4A

Type of Work to be Performed

Column 5A

Dollar Amount to be Applied to

PWSBE

COA Goal

DOT Form 226-018 Revised 10/2024

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LIST VOB COMMITMENTS HERE

Column 1B

Name of Veteran-Owned Business

Column 2B

Project Role

Column 3B

Bid Items Column 4B

Type of Work to be Performed

Column 5B

Dollar Amount to be Applied to Veteran Owned Business COA

Goal

Box 3: Public Works Small Business Enterprise Condition of Award Goal Amount

Box 4: Total Public Works Small Business Enterprise Commitment Dollar Amount

Box 5: Veteran-Owned Business Condition of Award Goal Amount

Box 6: Total Veteran-Owned Business Commitment Dollar Amount

Box 7: By checking Box 7, the Bidder is stating that they were unsuccessful in attaining enough Public Works Small Business Enterprise or Veteran-Owned Business participation to meet the Condition of Award goal. If this box is checked the Bidder will be required to submit good faith effort documentation and a PWSVB participation plan as outlined in Section 1-07 of the Contract.

DOT Form 226-018 Revised 10/2024

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Public Works Small and Veteran Business Plan Instructions Box 1: Name of Bidder

Box 2: Project Name

Column 1: Name of the PWSBE or VOB. PWSBE firms can be located by searching the directory at: https:// omwbe.wa.gov/directory-certified-businesses VOB firms can be located at: https://www.dva.wa.gov/ veterans-service-members-and-their-families/veteran-owned-businesses

Repeat the name of the PWSVB for each Project Role that will be performed.

*NOTE* A FIRM THAT IS REGISTERED AS BOTH PWSBE AND VOB MAY APPEAR ON BOTH SHEETS. USE THE CORRECT LIST IN ORDER TO BE COUNTED TOWARD THE EITHER PWSBE OR VOB GOAL. A FIRM THAT IS REGISTERED AS BOTH PWSBE AND VOB MAY SPLIT THE TOTAL COMMITMENT BY LISTING THE FIRM ON

BOTH SHEETS, HOWEVER THE SAME WORK MAY NOT BE COUNTED TWICE.

Column 2: The Project Role that the PWSVB will be performing as follows;

• Prime Contractor

• Subcontractor

• Manufacturer / Supplier

• Broker

• Work sublet to a Broker must be listed separately.

List each project role to be performed by a single PWSVB individually on a separate row.

Column 3: This is the Bid Item Number(s). Multiple Bid Items may be listed on a single line.

Column 4: Provide a description of work to be performed by the PWSVB.

• A Bidder subletting a portion of a bid item shall state “Partial” and describe the Work that is included.

• For example; “Electrical (Partial) – Trenching”.

Column 5: List the total dollar value of work to be performed by the PWSVB firm toward the relevant goal.

Note 1: Work sublet to a Manufacturer / Supplier can count 100% toward the goal for all work for which the firm is certified.

Note 2: For Work sublet to a Broker the bidder may only claim the fees paid to a Broker towards meeting the goal not to exceed 5% of the cost of goods or services provided by the PWSVB Broker.

Note 3: For force account items, up to 50% of the Bid item amount may be committed toward the goal.

Box 3: Box 3 is the Public Works Small Business Enterprise COA Goal Amount which is the minimum required Public Works Small Business participation based on the goal stated in the specifications multiplied by the Bidder’s Proposal price.

The goal stated in the Contract is listed as a percentage. The COA goal amount is the SBE COA Goal percentage times the sum total of all bid items as submitted in the Bidder’s Proposal. In the event of an error in this box, the Contracting Agency will revise the amount accordingly.

Box 4: Box 4 is the sum of the values in column 5A entered in conjunction with those firms listed as Public Works Small Businesses. This value must equal or exceed the PWSBE COA Goal amount written in Box 3 or you must select Box 7 to indicate a good faith effort submission;

Box 5: Box 5 is the Veteran-Owned Business COA Goal Amount which is the minimum required Veteran-Owned Business participation based on the goal stated in the specifications multiplied by the Bidders Proposal price. The goal stated in the Contract will be listed as a percentage. The COA Goal amount is the VOB COA Goal percentage times the sum total of all bid items as submitted in the Bidder’s Proposal. In the event of an error in this box, the Contracting Agency will revise the amount accordingly.

Box 6: Box 6 is the sum of the values in column 5B entered in conjunction with those firms listed as Veteran-Owned Businesses. This value must equal or exceed the Veteran-Owned Business COA Goal amount written in Box 5 or you must select Box 7 to indicate a good faith effort submission;

Box 7: Check Box 7 if insufficient Public Work Small Business Enterprise or Veteran-Owned Business Participation has been achieved and a good faith effort is required. Refer to the subsection titled, Selection of Successful Bidder/Good Faith Efforts (GFE) in the Contract.

DOT Form 226-018 Revised 10/2024

● Previous Versions Obsolete ●

INFORMATIONAL COPY

https://omwbe.wa.gov/directory-certified-businesses https://omwbe.wa.gov/directory-certified-businesses https://www.dva.wa.gov/veterans-service-members-and-their-families/veteran-owned-businesses https://www.dva.wa.gov/veterans-service-members-and-their-families/veteran-owned-businesses

Additional Public Works Small Business pages (use as needed) Column 1A

Name of Public Works Small Business

Enterprise

Column 2A

Project Role

Column 3A

Bid Items Column 4A

Type of Work to be Performed

Column 5A

Dollar Amount to be Applied to

PWSBE

COA Goal

DOT Form 226-018 Revised 10/2024

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Additional Veteran-Owned Business pages (use as needed) Column 1B

Name of Veteran-Owned Business

Column 2B

Project Role

Column 3B

Bid Items Column 4B

Type of Work to be Performed

Column 5B

Dollar Amount to be Applied to Veteran Owned Business COA

Goal

DOT Form 226-018 Revised 10/2024

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Department of Transportation

PWSVB Subcontractor Written Confirmation Form

Contract Number Contract Name Bidder’s Business Name PWSVB Company Name

This section to be completed by PWSVB firm.

The above listed Bidder has contacted my business about performing work on the above listed contract. The type of work to be performed by my firm is for a total contract value of If the Bidder is awarded the Contract, we will enter into an agreement with the Bidder to participate in the project consistent with the information provided in this form.

I certify that the above statement is true and correct.

PWSVB Company Name:

PWSVB Company Representative Name:

PWSVB Company Representative Signature: Date:

DOT Form 226-017 Revised 10/2024

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Department of Transportation Subcontractor List

Prepared in compliance with RCW 39.30.060 as amended

To Be Submitted with the Bid Proposal Project Name

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

Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name.

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

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

Subcontractor Name (and License Number if required)

Work to be performed

* Bidder’s 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.

DOT Form 271-015 Revised…