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City of Everett 00 2113 - 12 <br />2024 WPCF Biosolids Removal UT 3826-2 <br /> <br /> <br />00 2113 - 12 INSTRUCTIONS TO BIDDERS <br />• Certificate of Insurance and additional insured endorsements in <br />accordance with the Contract Documents. <br />Until the City executes a Contract, no Bid shall bind the City nor shall any Work <br />begin within the project limits or within City-furnished sites. The Contractor shall <br />bear all risks for any Work begun outside such areas and for any materials ordered <br />before the Contract is executed by the City. <br />If the Bidder experiences circumstances beyond their control that prevents return <br />of the Contract Documents within 14-calendar days after the Award Date, the City <br />may grant more time for return of the documents, provided the City deems the <br />circumstances warrant it. <br />A Contract shall not be formed until the Contract Documents are signed by the <br />Mayor. <br />1-03.4 Contract Bonds <br />The Contractor shall provide a separate payment bond and performance bond, <br />each in the amount of 100 percent of the Contract Sum and each in the form <br />contained in the Contract Documents. The bonds must be accompanied by a fully <br />executed and original power of attorney for the officer executing on behalf of the <br />surety. <br />1-03.5 Failure to Execute Contract <br />Failure to return the insurance certification and bonds with the signed Contract as <br />required in these Instructions, or failure or refusal to sign the Contract, or failure to <br />register as a contractor in the state of Washington shall result in forfeiture of the <br />bid bond or deposit of this Bidder. If this should occur, the City may then Award <br />the Contract to the second lowest responsible Bidder or reject all remaining Bids. <br />If the second lowest responsible Bidder fails to return the required documents as <br />stated above within the time provided after Award, the Contract may then be <br />Awarded successively in a like manner to the remaining lowest responsible <br />Bidders until the above requirements are met or the remaining Bid are rejected. <br />In addition, failure to have or obtain a City of Everett business license prior to <br />executing the Contract, unless immediately cured by Bidder after notice from the <br />City, shall result in forfeiture of the proposal bond or deposit of this Bidder. <br />1-03.6 Return of Bid Deposit <br />When Bids have been examined and corrected as necessary, proposal bonds and <br />deposits accompanying Bids ineligible for further consideration will be returned. All <br />other proposal bonds and deposits will be held until the Contract has been properly <br />executed. When the Contract has been properly executed, all remaining deposits <br />or bonds, except those subject to forfeiture, will be returned. <br />Within 15 calendar days after the Bids are opened, the City will return the bid <br />deposit accompanying the Bids that are not to be considered in making the Award. <br />1-03.7 Judicial Review <br />All protests by Bidders must be in accordance with Chapter 3.46 of the Everett <br />Municipal Code, “Bid Protest Procedures.” <br />The exclusive venue of all lawsuits shall be in Snohomish County Superior Court.