CITY OF LYNNWOOD INVITATION FOR BIDS SUBMITTAL OF SEALED BIDS: Sealed electronic bid proposals (“Bids”) will be received by the City of Lynnwood using the City’s electronic e-bidding program at OpenGov.com. until 2:00 p.m., July 14, 2026, for the following project 44th Avenue West Underpass Pedestrian and Bicycle Improvement. Alternatively, a physical (paper) sealed bid may be submitted if desired at Lynnwood City Hall, 19100 44th Avenue W., Lynnwood, Snohomish County, Washington, 98036. All bids whether submitted electronically or physically shall be received by the bid time and date referenced above. 44th Avenue West Underpass Pedestrian and Bicycle Improvement Capitalized terms not defined in this Invitation for Bids shall have the meanings set forth in the Project Manual of which this Invitation for Bids is a part. IMPORTANT INSTRUCTIONS FOR ELECTRONIC BID SUBMITTAL: To download and submit bid documents for this project, Bidders must register with OpenGov.com (free of charge) at https://procurement.opengov.com/signup . Those previously registered with OpenGov.com may use their log in and password at https://procurement.opengov.com/portal/lynnwoodwa?status=all. After the bid deadline has passed, the OpenGov.com system will not allow bids to be submitted. The OpenGov.com server clock will govern. Partial bids will not be accepted. BID OPENING: At the time and date stated above, the Bids will be opened and posted on OpenGov.com (“Bid Opening”). Bids are to be submitted only on the bid proposal forms provided with the Project Manual. All Bids must be accompanied by a bid bond, cashier's check, certified check, or postal money order in an amount not less than five (5) percent of the total amount of the Bid. Bids received after the time fixed for the Bid Opening will not be considered. DESCRIPTION OF WORK: This Contract provides for constructing approximately 1,200 linear feet of new concrete shared-use path with gravel shoulders adjacent to 44th Ave West and 160 linear feet of trail connection to Interurban Trail. Improvements include site demolitions and grading, asphalt paving, concrete sidewalk, thickened edge concrete sidewalk, curb ramps, storm drainage improvements, retaining walls and screen panels, signing and pavement markings; tree removal and replacements, existing utility adjustments, landscape planting, fencing and railing, traffic signal, lighting, site amenities, and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. Work may include night work as specified in in the Contract Provisions and the approved traffic control plans. All Bids shall be based upon compliance with the Project Manual (including, without limitation, the Contract Plans and Specifications). The estimated cost range for this project is $6,400,000 to $7,050,000. The project shall be Physically Completed within 170 days of the Notice to Proceed. OBTAINING BID DOCUMENTS: The Project Manual for this Project (including the Contract Plans, Specifications and all other Contract Documents) are available through OpenGov.com at https://procurement.opengov.com/portal/lynnwoodwa?status=all or through Builders Exchange at the City of Lynnwood’s on-line plan room. Bidders are encouraged to “Register” in order to follow the project and will receive automatic email notification of future addenda and be placed on the “Bidders List”. All questions regarding this Project shall be addressed through the OpenGov portal. It is the bidder’s responsibility to monitor the Q&A section for updates. Additionally, free of charge access is provided to Prime Bidders, Subcontractors, and Vendors by going to http://www.bxwa.com and clicking on “Posted Projects”, “Public Works” and “City of Lynnwood”. This on-line plan room provides Bidders with fully usable on-line documents with the ability to download, print to your own printer, order full / partial plan sets from hundreds of reprographic sources (on-line print order form), and a free on-line digitizer / take-off tool. Contact Builders Exchange of Washington at 425-258-1303 should you require assistance. If special considerations are needed the plans, specifications and contract documents may be examined at Lynnwood City Hall upon request. The City of Lynnwood expressly reserves the right to reject any or all Bids, to waive irregularities, and to award the Project to the lowest responsive, responsible Bidder. Bidder Proposals shall remain valid for forty-five (45) calendar days after the actual date of Bid Opening. The (Local Agency), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Appendix A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Appendix E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Jared Bond Public Works Director Published: June 16, 23, 2026. EDH1032436
