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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 60 <br />the underwriting limitations for the respective surety specified in Circular 570. The bonds <br />must be signed by an officer of the Contractor empowered to sign binding instruments. <br />The bonds must be accompanied by a fully executed and original power of attorney for <br />the officer executing on behalf of the surety. The scope of the bonds or the form thereof <br />prescribed in these Contract Documents shall in no way affect or alter the liabilities of <br />the Contractor to the City as set forth in the Contract Documents. <br />1-03.5 Failure to Execute Contract <br />Supplement 1-03.5 by adding the following: <br />In addition to the items listed in the first paragraph of 1-03.5, failure to have or obtain a <br />City of Everett business license prior to executing the Contract, unless immediately <br />cured by Bidder after notice from the City, shall result in forfeiture of the proposal bond <br />or deposit of this Bidder. <br />1-03.6 Return of Bid Deposit <br />Supplement 1-03.6 by adding the following: <br />Within 15 calendar days after the Bids are opened, the City will return the bid deposit <br />accompanying the Bids that are not to be considered in making the Award. <br />1-03.7 Judicial Review <br />Revise 1-03.7 to read as follows: <br />All protests by Bidders must be in accordance with Chapter 3.46 of the Everett Municipal <br />Code, “Bid Protest Procedures.” <br />The exclusive venue of all lawsuits shall be in Snohomish County Superior Court. <br /> <br />1-03.8 Third Party Beneficiary <br />Add 1-03.8 to read as follows: <br />Partial funding of this project is being provided through the Washington State <br />Department of Ecology Stormwater Grant Program. All parties agree that the State of <br />Washington shall be, and is hereby, named as an express third-party beneficiary of this <br />contract, with full rights as such. <br /> <br /> <br />1-04 SCOPE OF THE WORK <br />1-04.1 Intent of the Contract <br />Supplement 1-04.1 by adding the following: <br />1-04.1(3) Specifications and Plans <br />(******) <br />1-04.1(3)A Interpretation of Specifications and Plans <br />The Specifications and Plans are intended to be explanatory and supportive of each <br />other. Work specified on the Plans and not in the Specifications, or vice versa, shall <br />be executed as if specified in both. In the event the Work to be done or matters <br />relative thereto are not sufficiently detailed or explained in the Contract Documents, <br />the Contractor shall immediately ask the City’s Representative for further <br />explanation and shall comply with such explanation. In the event of doubt or <br />question arising respecting the true meaning of the Specifications or Plans, <br />Contractor shall refer to the City’s Representative for its decision.