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1.5 NON-ENDORSEMENT <br /> As a result of the selection of a Contractor to provide products or services to the City of Everett,the City <br /> of Everett is neither endorsing nor suggesting that the Contractor's product is the best or only solution. <br /> The Contractor agrees to make no reference to the City of Everett in any literature, promotional <br /> material, brochures,sales presentation, or the like without the express written consent of the City of <br /> Everett. <br /> 1.6 NO CONFIDENTIALITY <br /> The Contractor understands and agrees that the Contract Documents and all the materials submitted in <br /> connection with the Contract Documents will not be treated as confidential or proprietary by the City. <br /> The City will disclose the Contract Documents and all such materials to anyone at any time and without <br /> notice to the Contractor. <br /> 1.7 RESPONSE PROPERTY OF THE CITY OF EVERETT <br /> All materials submitted by the Contractor become the property of the City of Everett. Selection or <br /> rejection of a response does not affect this right. <br /> 1.8 PAYMENT& PERFORMANCE BONDS <br /> The successful Contractor will be required to make, execute, and deliver performance and payment <br /> bonds equal to the amount of the full contract price with a surety company as surety. Award is <br /> conditioned that the successful Contractor shall faithfully perform all the provisions of this contract and <br /> pay all laborers, mechanics,subcontractors, and material men and all persons who supply such person <br /> or persons,or subcontractors,with provisions and supplies for the carrying on of such work.The bonds <br /> shall be issued by a corporate surety acceptable to the City of Everett, licensed to do business in the <br /> State of Washington,and must be filed with the City. The surety must agree to be bound by the laws of <br /> the State of Washington and subject to the jurisdiction of the State of Washington. The Performance <br /> Bond and separate Payment Bond must be on the forms provided by the City of Everett. <br /> In the event the surety becomes unacceptable to the City of Everett during the course of the Contract, <br /> Contractor must, upon the City of Everett's written request and at Contractor's sole cost and expense, <br /> obtain payment and performance bonds from another surety acceptable to the City of Everett. <br /> 1.9 EXECUTION OF CONTRACT& NOTICE TO PROCEED <br /> The successful Contractor will be sent a notice of Intent to Award, contract, bond forms, and <br /> instructions. The successful Contractor will sign the contract and return it along with the executed bond <br /> forms to the City of Everett according to the instructions,together with a certificate of insurance and <br /> required insurance endorsements. Upon execution and receipt of any additional required <br /> documentation or submittals from the Contractor,the purchase order will be issued. The purchase <br /> order will provide the Notice to Proceed. Any work performed by the Contractor prior to execution of <br /> the Contract is strictly at the Contractor's risk. <br /> 1.10 RESPONSIBILITIES OF THE CONTRACTOR <br /> A. Notice to Proceed. The Contractor shall not start the Work until receipt of Notice to Proceed <br /> from the City. <br /> General Conditions-2 <br />