2026 Overlay Project

CONTRACT DOCUMENTS
FOR
CITY OF BURLINGTON
2026 OVERLAY
PROJECT
May 2026
City of Burlington
833 South Spruce Street
Burlington, WA 98233

BIDDER'S CHECKLIST
The following forms must be completed in full and executed by the Bidder:
1. Proposal. All unit and lump sum prices must be entered in the space provided.
The total computed prices must be entered in the spaces provided.
Unit and lump sum prices must be entered for all items and all schedules.
Receipt of Addenda must be acknowledged.
Proposal Signature Sheet. To be filled in and signed by the Bidder.
2. Surety Bid Bond Form. This form must be executed by the Bidder and the Surety
company unless Bid is accompanied by a certified check. The amount of this bond
shall be not less than five percent (5%) of the total amount Bid and may be shown in
dollars or on a percentage basis.
3. Statement of Bidder's Qualifications.
4. Non-Collusion Affidavit.
The following will be executed after the Contract is awarded:
1. Contract. To be executed by the successful Bidder in triplicate.
2. Public Works Contract Bond.
3. Certificate of Insurance. To be submitted in triplicate.
4. Statement of Intent to Pay Prevailing Wages.
5. Power of Attorney. Attorneys-in-fact who sign Bid bond and Contract bonds must
file with each bond a certified and effective dated copy of their power of attorney.

TABLE OF CONTENTS
BIDDER'S CHECKLIST .................................................................................................................... I
PART I - BIDDING REQUIREMENTS ............................................................................................. II
BIDDING REQUIREMENTS ............................................................................................................ 1
CALL FOR BIDS.............................................................................................................................. 2
INSTRUCTIONS TO BIDDERS ....................................................................................................... 3
PROPOSAL ............................................................................................................................................9
SCHEDULE OF PRICES ............................................................................................................... 13
SURETY BID BOND FORM .......................................................................................................... 17
STATEMENT OF BIDDER'S QUALIFICATIONS .......................................................................... 19
NON-COLLUSION AFFIDAVIT...........................................................................................................2 1
PART II - CONTRACT FORMS .................................................................................................... 22
CONTRACT ................................................................................................................................... 23
CONTRACT BOND ....................................................................................................................... 25
CERTIFICATE OF INSURANCE ........................................................................................................2 6
NOTICE OF AWARD ...........................................................................................................................2 8
STATE OF COMPLETION ............................................................................................................ 29
PART III - AMENDMENTS, SPECIAL PROVISIONS, WAGE RATES, AND APPENDICES .........30
SPECIAL PROVISIONS ................................................................................................................ 45
DIVISION 1 GENERAL REQUIREMENTS .................................................................................... 46
DIVISION 5 HMA REQUIREMENTS ............................................................................................. 46
DIVISION 9 MATERIALS REQUIREMENTS ................................................................................ 46
LIST OF APPENDICES
APPENDIX A: Overlay Plans
APPENDIX B: Standard Plans
APPENDIX C: Prevailing Wages

PART I
BIDDING REQUIREMENTS
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Part I - Bidding Requirements
CALL FOR BIDS
City of Burlington
2026 Overlay Project
Notice is hereby given that sealed Bids for "2026 Overlay Project" will be received by the
City Finance Director until 11:00 a.m., May 5th, 2026, at which time the Bids will be opened and
publicly read. Bids will be delivered to 833 South Spruce Street, Burlington, Washington.
Proposals received after the time fixed for opening will not be considered.
This resurfacing project consists of a 2-inch structural overlay of S. Spruce St,
Goldenrod Rd, and Walnut st. Construction includes, but is not limited to: Hot mix asphalt;
grinding; pavement markings; erosion/water pollution control measures and traffic control. The
Engineer's estimate is $950,000.
Bid documents may be copied at the offices of the City Engineer of Burlington by appointment,
833 South Spruce Street, Burlington, WA 98233 and burlingtonwa.gov/bids.
All Bid Proposals shall be accompanied by a Bid Proposal deposit in cash, certified check,
cashier's check, or Surety bond in an amount equal to five percent (5%) of the amount of such Bid
Proposal. Should the successful Bidder fail to enter into such Contract and furnish satisfactory
performance bond within the time stated in the Specifications, the Bid Proposal deposit shall be
forfeited to the City of Burlington.
CITY OF BURLINGTON is an Equal Opportunity Employer.
The City of Burlington reserves the right to reject any or all Bids and to waive irregularities in
the Bid or in the Bid opening. No Bidder may withdraw their Proposal after the hours set for the
opening thereof, or before Award of Contract, unless said Award is delayed for a period exceeding
sixty (60) days.
Published: MRSC Small Works Roster
Skagit Valley Herald; April 25th
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Part I - Bidding Requirements
INSTRUCTIONS TO BIDDERS
1. PROJECT DESCRIPTION
This project consists of the installation of approximately 3500 tons of HMA, 20,000
SY of grinding within the City of Burlington, WA. Construction includes, but is not limited to,
surfacing materials; pavement markings; construction signing; erosion/water pollution control
measures; traffic control; and all other Work necessary to complete the project.
2. STANDARD SPECIFICATIONS
All Work on this Contract shall be according to the Plans, Specifications, Bid documents,
Addenda and:
A. Washington State Department of Transportation "Standard Plans" last
modified May10, 2026 (including all revisions at date of Bid opening),
applies except as may be modified herein.
B. Washington State Department of Ecology "Stormwater Management Manual
for Western Washington" effective 2024.
C. Washington State Department of Transportation "Standard Specification for
Road, Bridge and Municipal Construction 2026" applies except as may be
modified herein.
D. Washington State Department of Transportation "Construction Manual" (M
41-01.24) last modified, March 4, 2026.
E. In the case of discrepancy, unless noted otherwise herein, the more
restrictive provisions shall apply.
The Plans and Specifications shall be considered and used together, and anything appearing
as a requirement of either shall be accepted as applicable to both even though not so stated
therein or shown. All Specifications and notes appearing on the Plans shall have the same
force and effect as though they were repeated herein.
The Engineer may furnish supplemental Plans and Specifications to define more clearly any
requirement of the original documents. In case of any conflict between the listed and the
supplemental drawing, the latter shall govern. The Contractor shall not be entitled to extra
compensation because of their compliance with the requirements of such supplemental
drawings unless they contain new requirements. When new or additional Work is required
by supplemental drawings compensation shall be as provided in the Standard Specifications
and these Special Provisions.
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Part I - Bidding Requirements
3. INTENT OF PLANS AND SPECIFICATIONS
The Plans and Specifications shall be considered and used together, and anything appearing
as a requirement of either shall be accepted as applicable to both even though not so stated
therein or shown. The Engineer may furnish supplemental Plans and Specifications to define
more clearly any requirement of the original documents. In case of any conflict between the
listed and the supplemental Plans, the latter shall govern. The Contractor shall not be entitled
to extra compensation because of their compliance with the requirements of such
supplemental drawings unless they contain new requirements involving costs which clearly
could not have been anticipated by an experienced Contractor in his examination of the
original listed drawings or could not reasonably be inferred therefrom as requirements of the
Contract, and then only as provided in the General Provisions.
All Specifications and notes appearing in the Plans shall have the same force and effect as
though they were repeated herein.
4. QUANTITIES ARE APPROXIMATE
The quantities named in the Proposal or separately listed are approximate only, but these are
to be used as a basis for the comparison of Proposals and to determine the amount of the
bonds. However, if unit prices appear to the Contracting Agency to be unbalanced to such an
extent that changes in actual quantities required under the Contract might result in Contract
price adjustments which would increase payments to the Contractor excessively, then the
Contracting Agency may take such a condition under consideration in making the Award of
the Contract.
5. ADDENDA AND INTERPRETATIONS OF DOCUMENTS
No interpretation of the Contract Documents or other pre-Bid documents will be made to any
Bidder upon an oral request. Every request for such interpretation shall be submitted in
writing, addressed to City of Burlington and to be given consideration shall be received at
least three days prior to the date fixed for opening of Proposals. Any and all such
interpretations and any supplemental instructions will be in the form of written Addenda to
the Specifications which, if issued, will be mailed or otherwise delivered to each prospective
Bidder. Failure of any Bidder to receive any such Addenda shall not relieve such Bidder
from any obligation under their Bid as submitted. All Addenda so issued shall become a part
of the Contract Documents. No Addenda will be issued within 3 calendar days prior to the
date fixed for opening Proposals.
6. QUALIFICATIONS OF BIDDER
The Contracting Agency requires that this project shall be built by a Contractor who is
competent in this type of Work, has been the general Contractor on at least five similar
projects in Washington State within the last five years, and is adequately financed. The
Contracting Agency requests that the Bidder submit a written statement to show experience
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Part I - Bidding Requirements
in construction Work of this character as an indication of qualifications and business
standing. The Bidder shall fill out the enclosed form in its entirety. Failure to do so may
cause rejection of the Proposal.
7. PREPARATION OF PROPOSAL
Proposals must be submitted on the original forms by filling in, with ink, (or typing) each and
every blank provided for such purpose in the form headed "Proposal", or if the Bidder is
required to provide a special form appropriate to the nature of their Proposal then such form
shall be complete in all respects as required by the Contract Documents if it is to merit
consideration by the Contracting Agency. In the event of a discrepancy between the quantity
times the unit price and the total price indicated, the unit price shall prevail.
If the Proposal is made by a partnership, it should contain the name of each partner and
should be signed in the firm name, followed by the signature of a partner or that of a person
duly authorized to act for and on behalf of such partnership. If made by a corporation, the
Proposal should be signed with the name of the corporation, and the State in which
incorporated, followed by the written signature of the qualified officer and the designation of
the office it holds in the corporation. The address of the person, firm or corporation in whose
behalf the Proposal is submitted shall be given. The Bidder shall comply with all other
specific requirements of the Proposal form.
8. ALTERATION OF DOCUMENTS PROHIBITED
Except as may be provided otherwise herein, Proposals which are incomplete, are
conditioned in any way, contain unverified measures or alterations, include items which are
not named in the Proposal form or which are unlawful, may be rejected.
9. MODIFICATION OF PROPOSAL
Change in a Proposal already delivered will be permitted only if a request for the privilege of
making such modification is made in writing signed by an authorized person (signatory of the
company) and the request is received prior to the scheduled closing time for the receipt of
Proposals. To be effective, every modification must be made in writing over the signature of
the Bidder and no other procedure will be acceptable. The revised Proposal shall be
considered official if it is received before the time for opening Bids.
10. WITHDRAWAL OF PROPOSAL
A Proposal may be withdrawn at any time prior to the scheduled closing time for filing
Proposals. This may be done by the Bidder in person or upon their telegraphic or written
request. A telephoned request for withdrawal of a Proposal will not be recognized. If
withdrawal is made personally, a written acknowledgment thereof will be required.
After the scheduled closing time for filing Proposals, no Bidder will be permitted to
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Part I - Bidding Requirements
withdraw their Proposal unless no Award of Contract has been made prior to the expiration
of 60 days immediately following the date when Proposals are opened. Proposals received
after the scheduled closing time will be returned to the Bidder unopened.
11. POSTPONEMENT OF OPENING
The Contracting Agency reserves the right to postpone the date and time last announced for
opening Proposals and such postponement may be made at any time prior to the time last
announced for opening Proposals. The Contracting Agency will give written or telegraphic
notice of any such postponement to each party to whom Contract Documents have been
issued, followed by issuance of an Addendum confirming the changing of the announced
time for opening Proposals.
12. OPENING PROPOSALS
All Proposals received prior to the scheduled closing time and which are not withdrawn as
above provided will be publicly opened and read aloud even though there may be
irregularities or informalities therein, except that any Proposal which is not signed, will not
be read and consequently, will be rejected without consideration.
13. ACTION ON PROPOSAL
A. Within 60 days after the opening of all accepted Bids, the Contracting
Agency may act either to issue a Notice of Award or to reject all Proposals.
Failure of the Contracting Agency to issue a Notice of Award within the said
time, or such additional time as the apparent lowest responsive Bidder shall
agree to extend its Proposal, shall constitute rejection of all Proposals.
B. The Notice of Award will be signed by a duly authorized official of the
Contracting Agency and delivered to the Bidder in the manner provided for
written notices. No other action or notice shall constitute a Notice of Award.
Delivery of a Notice of Award shall obligate the Bidder who receives such
notice to furnish performance and material payment bonds, insurance policies
and to execute the Contract and furnish Statement of Intent to Pay Prevailing
Wages.
C. Within ten (10) days after delivery of Notice of Award, or such additional
time as is allowed by the Contracting Agency, the Bidder shall furnish
satisfactory performance and material payment and maintenance bonds,
insurance certificate or insurance policies, copy of their Washington State
Contractor's license, statement of intent to pay prevailing wages, and shall
execute the Contract. Failure, neglect, or refusal by the Bidder to do so shall
constitute a breach of agreement to furnish the required documents and to
enter into the Contract. The damages to the Contracting Agency for such a
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Part I - Bidding Requirements
breach of agreement will include monetary loss from, among other things,
interference with the Contracting Agency's construction program and normal
operations. The amount of such damage is difficult or impossible to
compute. The Contracting Agency has estimated, and each Bidder by
submitting its Proposal, agrees that, reasonable compensation for damages
resulting from such breach of agreement shall be the amount of the Proposal
guaranty and promises to pay that amount as liquidated damages for such
breach.
D. Any Bidder receiving a Notice of Award, who fails, neglects or refuses to
furnish performance and material payment bonds, insurance certificate or
insurance policies and executes the Contract as herein provided shall not be
the lowest responsive Bidder. The Contracting Agency may then select the
lowest responsive Bidder and deliver a Notice of Award to such lowest
responsive Bidder.
14. TIME OF COMPLETION
Contract shall be executed within ten (10) days after the Notice of Award and the Contract
time shall commence within ten (10) days after the Contracting Agency issues the "Notice to
Proceed".
All Work shall be completed by September 4, 2026.
If said Work is not completed within the time specified, the CONTRACTOR agrees to pay
CITY OF BURLINGTON, WASHINGTON, liquidated damages as specified in Section 1-
08.9 of the Washington State Department of Transportation 2020 Standard Specifications for
Road, Bridge and Municipal Construction for each day said Work remains uncompleted after
expiration of the specified time.
15. AFFIDAVIT OF NON-COLLUSION
The Contracting Agency reserves the right to require that any Bidder, before being awarded a
Contract, shall execute a non-collusion affidavit in such form as will satisfy the Contracting
Agency that the Bid offered is genuine, is not a sham or collusive and in no respect or degree
is made in the interest or on behalf of any person, firm or corporation not named in the
Proposal containing such Bid.
16. SAFETY
The Contractor shall be responsible for compliance with all Federal, State and Local
Construction Safety Standards.
17. CONTRACTOR'S RESPONSIBILITY
It is understood that the Plans, Specifications and other Contract Documents do not purport
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