Always Active Service 11/27/2023

CITY OF EVERETT - CITYWIDE BICYCLE WAYFINDING STATE FUND# HLP-PB21(014) WO#3786 September 25, 2023 11 The successful bidder shall provide executed payment and performance bond(s) for the 1 full contract amount. The bond may be a combined payment and performance bond; or 2 be separate payment and performance bonds. In the case of separate payment and 3 performance bonds, each shall be for the full contract amount. The bond(s) shall: 4 1. Be on Contracting Agency-furnished form(s); 5 2. Be signed by an approved surety (or sureties) that: 6 a. Is registered with the Washington State Insurance Commissioner, and 7 b. Appears on the current Authorized Insurance List in the State of Washington 8 published by the Office of the Insurance Commissioner, 9 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and 10 conditions under the Contract, including but not limited to the duty and obligation to 11 indemnify, defend, and protect the Contracting Agency against all losses and claims 12 related directly or indirectly from any failure: 13 a. Of the Contractor (or any of the employees, subcontractors, or lower tier 14 subcontractors of the Contractor) to faithfully perform and comply with all contract 15 obligations, conditions, and duties, or 16 b. Of the Contractor (or the subcontractors or lower tier subcontractors of the 17 Contractor) to pay all laborers, mechanics, subcontractors, lower tier 18 subcontractors, material person, or any other person who provides supplies or 19 provisions for carrying out the work; 20 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the 21 project under titles 50, 51, and 82 RCW; and 22 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the 23 bond; and 24 6. Be signed by an officer of the Contractor empowered to sign official statements (sole 25 proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by 26 the president or vice president, unless accompanied by written proof of the authority 27 of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, 28 power of attorney, or a letter to such effect signed by the president or vice president). 29 30 1-03.7.RTF 31 1-03.7 Judicial Review 32 (December 30, 2022 APWA GSP) 33 34 Revise this section to read: 35 36 All decisions made by the Contracting Agency regarding the Award and execution of the 37 Contract or Bid rejection shall be conclusive subject to the scope of judicial review 38 permitted under Washington Law. Such review, if any, shall be timely filed in the Superior 39 Court of the county where the Contracting Agency headquarters is located, provided that 40 where an action is asserted against a county, RCW 36.01.050 shall control venue and 41 jurisdiction. 42 43 1-04.GR1 44 1-04 Scope of the Work 45 46